I think I should sue too since I've been damaged just reading this. I don't think I can trust another train as I know they can stop on a dime and can turn left or right to avoid hitting me.
Reminds me of a line that sadistic Marine DI yelled out in the movie "Full Metal Jacket": "The best part of you (censored for content) leg!!!!" Wonder if this guy is related to another idjit who stis real close to railroad tracks in his wheelchair & flips the bird to passing train crews (or did, until a passing train flipped HIM when he got a skosh too close- but then again, them dang ol' trains will swerve at a moment's notice- says so right here in the National Enquirer!) Hank Hill said it best of all: "That woman ain't right!"
If you all would like to line these complete bleeping idiots up for me, I'll be more than happy to pull the bleeping trigger!!!
*shakes head* Only in todays society is this even a thought entertained or possible. Emotional midgets! No one takes responsibility for themselves any longer. Nothing is ever anyones fault. Someone or something else is always at fault. Oy vey! I feel a sermon coming on ... so I'll stop here. Pastor Dave
You're definitely on to something! I vote yes! One each for the idiot, the idiot's attorney, and the judge who didn't immediately toss this garbage out! Boxcab E50
Only just got around to reading this. Unbelievable!!! Good thing we have all our rail property fenced here in the UK. Cross that and you are trespassing and liable to a very hefty fine. In my view the lawyer is worse than the woman and should not be practising
Since she survived the hit, she is only entitled to an Honourary Mention in the Darwin Awards. All you 'litigation specialists' out there - we salute you!
If only it were so on this side of the pond...Unless the fence is indestructible or there's a cop stationed every 10 yards, it won't do much good with the local talent always thinking up ways to defeat it. In one spot where the RR installed a very expensive chain link fence to 'protect' the trespassers, the neighborhood commandos waited for a train to stop, then hooked a cable from the cars to the fence and when the train took off...the railroad tore down their own barrier and removed it from the area. No charge to the community for this service. How can you win?
The Darwin Award is only given to those individuals who, by some spectacularly stupid method, remove themselves from the ranks of the living (or in the case of males, lose the vital equipment necessary to pass on the defective genes- and yes, it HAS happened. No, don't ask how.....). She'll have to try harder next time. Kinda reminds me of a T-shirt I saw recently- it has a picture of Patrick the Starfish (from the cartoon Spongebob Squarepants), and the captions reads "Who needs brain cells anyway?" I'm actually surprised she hasn't sued either her parents or Operation Lifesaver for not telling her that railroad tracks can be dangerous.
Any SMART Defense attorney will see that she was FULLY TRESSPASSING...Very sad state of affairs we're in.
The attorney is probable one of those who put adds in the paper offering to handle suits against anybody causing injury to a person.
Pathetic...utterly rediculous. The American legal system is in bad repair. Courts are tied up with frivilous lawsuits like this and can take years before they can get to the cases that really need attention. Can it get any worse? I work in Fire & EMS and am surprised I havent been sued yet in some frivalous lawsuit. Im lucky I guess. Unless im mistaken, a number of "judge's" are simply voted into office, no creditials, no degree, no license, nothing....simple money and popular vote, or being someones buddy. If NS doesnt fight this, they are nuts. As long as the crew were obiding track speed, had thier lights on and blew thier horn how can you hold the railroad resposible? All public / right of way crossings around here have NO TRESPASSING signs. I I'll bet she had trespassed onto someone elses land first in order to get to the track and was talking on her cell phone when she got hit.
she should force for a public recreation of the accident, and maybe this time she will get hit harder...
I agree with the majority here, most of these people should have their cases thrown out and be forced to pay all court costs, then thrown in jail for trespassing. when released, put them breaking rocks with 2x4s, maybe they'll do themselves in....... But occasionally, there will be a good judge, then lawyer is punished as well..... too bad there aren't more of those.....
you can't stop a freakin car on a dime, much less a multi-ton train. I hope NS charges her with trespassing. And while there at it sues her for endangering the engineer, herself, residents and businesses next to the tracks( cause u never know when a train is going to derail) for having to install signs and fences, for all the money involved in the defence and the countersuing and make her star in a Operation Life Saver Commercial with no pay!!!!
That is an alternative, but the crew would have to bear the cost of the legal proceedings out of their own pockets. The railroad wouldn't bear the cost. Even if they were to win, I doubt that they would be able to collect enough damages to offset the legal fees. CT