This does not bode well for decent railfans

I just read the actual complaint:

http://www.mslitigationreview.com/uploads/file/Gable%20railroad%20accident%20Complaint-2.pdf

It doesn't seem as frivilous as portrayed by the news story. The plantiffs certainly have an uphill battle. They have to prove the train was speeding and that the train crew didn't inspect the cars for loose wires or bands. If BNSF is in the clear on those two counts, I don't see how the Gables can win.

The trespassing issue is going to be interesting. The plantiffs claim that BNSF is aware of and allows people on the tracks in that area. I don't really believe that BNSF would allow that but who knows.

The complaint was a bit vague in details such as the speed limit and the actual speed. This leads me to believe there isn't alot of merit to the claims. We'll see.

Eric

 

This woman's frivilous lawsuit is another example why, in this country, people need to be protected from their own stupidity!

And we all are the ones who have to foot the bill for that protection, monetarily or otherwise. Her stupidity irritates me to no end!

 

Yeah but when the govt starts putting in programs to protect the idiots then there's going to be an outcry about socialism, the big evil in the US

 

I dont know what to say after reading that. But to keep from getting sued by idiots I am going to report anyone too close to the tracks.

Dumbo the lawyer with his FRA speed limits needs to check himself.Boy hes going to be PO'ed when he sees all the speed tapes for the power and its not excessive.

 

I was thinking along the same lines. One look at the event recorder chips is going to give a lot of information. Most hoggers I know dont like to push the speed limit envelope. It's just too risky. Repeated infringements of speed limits WILL result in time off! Then there's the FRA thing(which can result in jail!), also there are permanent speed restrictions in various places and turnout speeds which need to be observed. Its just not that easy or even necessary to be running overspeed. In a situation like these fine citizens, the carrier is likely to offer a settlement just to be rid of a nuisance. That's gonna be a judgement call.
These righteous folks are not gonna "strike it rich", tort reform has taken care of that and their shyster will see to it that his share of the pie is the largest.

Charlie

 

BNSF did not get hosed. In fact, there should be employees of BNSF in prison for what they did. Please learn the facts--there was evidence tampering and failure to disclose in a wrongful-death suit. The negligence may have risen to the criminal level.

An aside--the judge in that case is the one who married me to my wife.

 

Matt re read what I said. SOMEONE saw where the BNSF got HOSED. I never said what the BNSF did in MN was NOT WRONG> So step off the soap box.I cant speak for engineering dept. But the whole "We lost the tapes from the box" does sound fishy. I never knew there were tapes in the signal boxes till this case.

Now about facts being straight you get some people who see ( whether rightfully or not) an industry that gets sued and the person wins a huge amount,you will see copycats.Just wait back in the day when I drove trucks there were tons of lawyers on TV. "Did you get in an accident with a semi?" next ones will be"Did you get struck by a train or anything hanging off the train?"

Now Matt do you work in an industry where people will sue you for anything? I have and still do.From driving truck, to being in EMS and now I drive the cash cow.Hit by a train I will sue you.Lets sue the crew for not stopping on a dime, lets sue the crew for banding falling off the train. Lets make crap up about the case, exceeding FRA speed limits is my favorite line in this one.So excuse me for being a bit cynical. It comes from 20 years of living under a microscope and being worried about every action having an equal and more costly reaction.

Like the EMS instructor said. Its not if youll be sued but when. Now I have to add that to not if I kill someone but when.

 

SURVEY SAYS????
The NUMBER ONE ANSWER!!!! and $25,000. :tb-biggrin:

Actually that IS the only answer. Railroad tracks that are very active is and will always be PRIVATE PROPERTY.

I've said it once and I'll say it again--she will NOT win this case.
It's Stupidity that gets in the way.:thumbs_up:

I rest my case.

 

Did you read what I said? What you claim is a bit difficult, since there was no hosing. No one saw BNSF get hosed, since they didn't get hosed.

If your concern is copycat lawsuits, that is pretty hard to accomplish in with a wrongful-death suit that is aggravated by potential criminal negligence and actual criminal behavior in response to the suit.

The case in the OP is by no means related to the one in MN.

Does Section 1983 mean anything to you?

 

Nitpick followed by nitpick. Did anyone get arrested?Do I care? The answer is no.


As to your section 1983.To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. So this has releveance how?Or are you a Klan memeber from 1871 as it was used to help stop violence against blacks in the south after the civil war.Or do you use it after its reenacting in 2000 to help enforce all constitutional rights?So this relates to you as in you are not allowing people rights?I dont see how it relates to the last quote.I asked you if YOU worked in an industry where you can be sued. Sorry I am just a big dumb throttle jockey that works for a woodent axle railroad.

 

You are putting an awful lot of effort for not caring. Don't get mad because someone made a logical inference based on YOUR choice of words.

It's frequently used against law enforcement, the field in which I work. So, yeah, I'm more at risk for being sued than most people.

 

Explains a lot:tb-biggrin: