you have got to be kiding me

dvess111 Nov 18, 2004

  1. dvess111

    dvess111 E-Mail Bounces

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  2. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    Am unable to bring forth words expressing my disgust. Guess I'll just leave it at this point...

    [​IMG]

    Boxcab E50
     
  3. Comet

    Comet E-Mail Bounces

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    I hope NS fights this hard, if the court even lets it proceed. Seems to me the plaintiff is the criminal.
    Bill

    [​IMG]
     
  4. Colonel

    Colonel Staff Member TrainBoard Supporter

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    We have a saying in Australia "It can only happen in America" Unfortunately this is happening everywhere around the world hence such an increase in insurance premiums.

    Here in Sydney we fence the whole rail corridor but at times the fences are willfully damaged and if someone access the line through the damaged fence then the Rail authorities are liable to prosecution if someone trepasses - go figure.
     
  5. Gabriel

    Gabriel TrainBoard Member

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    I hope the crew turns around and sues the lady for mental anguish.
     
  6. GP30

    GP30 TrainBoard Member

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    Wow that is probably the most senseless court case I can think of. I mean, you should ALWAY stay off of railroad tracks even if they aren't in service because you never know when the railroad DOES decide to run on it.

    If I was the judge I'd throw the case out. [​IMG]
     
  7. Rule 281

    Rule 281 TrainBoard Member

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    Betcha she wins. At least something out of court to keep a jury from awarding her the whole smash. Any takers?
    :mad: :mad: :mad:
     
  8. EricB

    EricB TrainBoard Member

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    $30,000? If the railroad was truely neglegent and she was really hurt, I think the dollor amount would be higher. It sounds like a scam to me. It happens all the time - plantiffs will ask for a low amount knowing the defending company will most likely pay it without going to court. Its cheaper for the company to pay the claim than it is for them to fight it in court. At least in the short run. :(

    Eric
     
  9. slambo

    slambo TrainBoard Member

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    I'm hoping NS countersues for trespassing and filing a frivolous lawsuit. NS is a sponsor of Operation Lifesaver, so it's not like the railroad isn't trying to tell people to use that so rare commodity of common sense.

    What was she expecting, a flyer sent directly to her in the mail? She would have thrown it away without reading it anyway. "Trains? They're on the way out anyway." Like Cosby said, "Right!"

    I've posted a little more commentary on my website (The Rip Track, linked below).
     
  10. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    I would love to see this happen. It could be THE solution. Fence or not, the person at fault is the trespasser, who is unbelievably doing the suing.

    As for this case being thrown out? That would require a "judge" with both intellect and integrity..... So chances are incredibly slim here.

    [​IMG]

    Boxcab E50
     
  11. Stourbridge Lion

    Stourbridge Lion TrainBoard Supporter

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  12. dvess111

    dvess111 E-Mail Bounces

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    This makes no sence. The woman was HIT BY A TRAIN! [​IMG] She is luck to be alive much less complaining about a few broken digits. For my two cents, I think she tripped or just fell while she was TRESPASSING on the tracks. [​IMG] [​IMG]

    The entire idea of this lawsuit is the result of our "duty" to be "politically correct". Because we don't want to hurt anyone's feelings by leaving them(him or her [​IMG] ) out the word implied is null and void. Now, we have to spell everything out for people!

    If this woman wins, make sure you guys mark every inch of your properties so that YOU don't get sued for THEIR unlawfulness. [​IMG]
     
  13. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    Just wait until this out of control nonsense really crosses the 'line." And hits model railroading.

    Think about it- Some dude you think is a buddy,sits in the crew rest area, awaiting the next assignment. And spills hot coffee in his lap....... Then sues you.

    Or the track crew is spiking down some new Code 55 rail, and some klutz hits his little pinky with a hammer..... Then sues you.

    I could go on.....

    I guarantee it will happen!

    [​IMG]

    Boxcab E50
     
  14. dvess111

    dvess111 E-Mail Bounces

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  15. SP&S FAN

    SP&S FAN New Member

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    IS THAT RIGHT??? Trains travel on tracks???

    And all this time.....guess I've been pretty lucky not to get run over...hahahahaha....she must be related to the McDonald's coffee lady.

    Over, and out [​IMG] ;)
     
  16. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    As the article states: "The [engineer] did not stop the train in a timely manner, and failed to yield the right of way to a pedestrian walking along the tracks in plain view," the suit says."

    Give me a break! Is the world really down to this level of stupidity? Has our legal system become such a pathetic joke? Apparently so.

    Dig your shelter. Find a cave. Get stocked up. The end of civilization is upon us.

    [​IMG]

    Boxcab E50

    [ 19. November 2004, 00:16: Message edited by: BoxcabE50 ]
     
  17. HemiAdda2d

    HemiAdda2d Staff Member TrainBoard Supporter

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    Can you say, "Darwin Award"?
     
  18. marty coil

    marty coil TrainBoard Supporter

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    Fault here is the lawyer. 'Common Sense' by the court would simply reject the case, FINE the lawyer for wasting the 'PUBLICS time and money, and warn that any further action would lead to disbarment. Inning over!!!!!!!
     
  19. rray

    rray Staff Member

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    I thought the train had the right of way, after all, the tracks are also known as "The Right of Way" [​IMG]
     
  20. mtldrm38

    mtldrm38 TrainBoard Member

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    Unbelievable !
    As a trucker and dispatcher when going into railyards at the front it says all yard equipment
    has the right of way even if the crane comes down the track and smashes your truck purposely theyre suing the driver for damages to theyre crane no if s ands or buts about the rules theyre..........railroad property is a dangerous place and stupidty gets you killed....

    Dave =)
     

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