Trespasser Wins Settlement

[rail_watcher]

You know society is screwed up when a trespassing kid gets hurt by a train and the kid wins a settlement from the railroad.

http://www.lenconnect.com/article/20130 ... /1001/NEWS

[Ypsi]

A lawsuit filed over the March 23, 2010, accident claimed Sterling Estates was negligent for not mending a hole in its fence that children used to access railroad tracks adjacent to the mobile home park. The suit also claimed the railroad companies were negligent in not making sure children who frequently played on the tracks were safe.

THIS RIGHT HERE just makes me hate some people.. I mean come on.. He was "playing" on a freight train where he shouldn't be in the first place at all, and it not his fault that he got hurt and lost part of his foot (lucky it wasn't his life) un-believable that anyone on earth would award money for bad behavior and judgment. Just really, come on people.

Noe ruled there was sufficient evidence in witness testimony for a jury to decide whether the railroad companies should have known children often trespassed on the tracks.

And then its the RAILROADs fault that the kids TRESPASSED on the tracks.. unbelievable it was "big bad train" again.

[Norm]

Had it gone to the jury the award probably would have been higher. Everyone knows it's the big bad railroad's fault.

CAUTION: SARCASM INTENDED.

[J T]

Hell in a handbasket. That's where this country is going.

[CSX_CO]

http://www.lenconnect.com/article/20130 ... /1001/NEWS

"A $55,000 award is to be paid by three railroad companies and Sterling Estates mobile home park...A third of the award is to go toward medical bills and another third to attorney fees. Less than $15,500 was left for Loughrige."

For 1/3rd of any settlement (and probably more in some cases) why wouldn't some low life lawyer take on the case? After all, *I'm* not at fault for my actions, someone else is for letting me do it.

Practice Safe CSX

[Jeff L]

I am sure Operation-Lifesaver is vomiting over hearing and reading about this.

[OwlCaboose2853]

A lawsuit filed over the March 23, 2010, accident claimed Sterling Estates was negligent for not mending a hole in its fence that children used to access railroad tracks adjacent to the mobile home park. The suit also claimed the railroad companies were negligent in not making sure children who frequently played on the tracks were safe.

THIS RIGHT HERE just makes me hate some people.. I mean come on.. He was "playing" on a freight train where he shouldn't be in the first place at all, and it not his fault that he got hurt and lost part of his foot (lucky it wasn't his life) un-believable that anyone on earth would award money for bad behavior and judgment. Just really, come on people.

Noe ruled there was sufficient evidence in witness testimony for a jury to decide whether the railroad companies should have known children often trespassed on the tracks.

And then its the RAILROADs fault that the kids TRESPASSED on the tracks.. unbelievable it was "big bad train" again.

Remembered old film 1936 classic cartoon ; "Play Safe" http://www.youtube.com/watch?v=W1BccGi16zc video almost 8 minutes.

[J T]

So, what's next, someone sues the city for not having a fence along a roadway to keep them from entering said roadway and being hit by a vehicle?

This is absolutely INSANE. I really wish I hadn't opened this thread. Crap like this makes my blood boil as much as people who camp out in the left lane on the highway without ever passing anyone. I wish I could run every last one o them off the road.

I seriously want to punch a hole in the wall with the rage that is building up inside of me after reading about this preposterous ruling. And then I want to punch a hole in the face of the judge who didn't throw this out of court in the first place for its absurdity.

[Ypsi]

So, what's next, someone sues the city for not having a fence along a roadway to keep them from entering said roadway and being hit by a vehicle?

This is absolutely INSANE. I really wish I hadn't opened this thread. Crap like this makes my blood boil as much as people who camp out in the left lane on the highway without ever passing anyone. I wish I could run every last one o them off the road.

I seriously want to punch a hole in the wall with the rage that is building up inside of me after reading about this preposterous ruling. And then I want to punch a hole in the face of the judge who didn't throw this out of court in the first place for its absurdity.

Word JT. I cannot agree more

[slwapprslw]

Welcome to the modern world. Responsibility and common sense does not apply anymore. Just blame someone who has the most money and go after them. I call this the new "Legal Lottery." Just contact an attorney on how to play.

[trnwatcher]

Two words.....tort reform.

[BamaSubdivision94]

What about a countersuit?

[Toppysager]

Wow I wish railroads would put no trespassing signs up and have railroad safety campaigns, and horns, and gates, and warnings, that would be great... Oh waitthey already do. I think if your stupid enough to PLAY on a train, then you deserve the consequences. That's like if a guy broke into a person's house to rob them, and the dog attacked them inside the house. Then the guy sues the family he was robbing for not putting Beware of Dogs signs up amd won the case.

[AARR]

This is absolutely INSANE. I really wish I hadn't opened this thread. Crap like this makes my blood boil as much as people who camp out in the left lane on the highway without ever passing anyone. I wish I could run every last one o them off the road.

A pet peeve of mine to

These kind of cases have been going on for a while. I'm old enough to remember when we could get a Release and walk around railroad property (as long as you didn't cross tracks or go on equipment). It was cases like the above that took away that privilege (seems like the late 1980's or early 90's).

It puts railroads in a difficult position. Those that want to be railfan friendly have to be careful because if they grant a privileged to one person it could be used against them by another person. So some railroads take a firm position on railfanning.

[M.D.Bentley]

WHAT'S NEXT FREE HEALTH CARE !

[NYCMan]

Railroads are viewed by Plaintiffs' attorneys as sitting ducks with deep pockets. So, when a trespasser gets hurt on the railroad whilst trespassing, it is only natural that they will then sue the railroad. We have plenty of liberal judges that will allow these types of ridiculous sounding lawsuits kick around the courts. After all, it is these types of lawsuits that give these judges a job in the first place! The railroad, faced with ever-rising legal expenses, ends up being forced into a position of having to pay hush money (called "settlement") to the trespasser in order to rid itself of the exposure of the lawsuit. Think a railroad wants to go up before a typical Wayne County jury in Detroit? No way! Too much downside risk there.

Think a burglar who gets hurt while engaged in a burglary can sue? You betcha! AND WIN!

http://overlawyered.com/2006/09/the-bur ... that-isnt/

[Y@]

Who cares?

/end generic fight starting comment

[GreatLakesRailfan]

"A $55,000 award is to be paid by three railroad companies and Sterling Estates mobile home park...A third of the award is to go toward medical bills and another third to attorney fees. Less than $15,500 was left for Loughrige."

For that kind of money, law school might be worthwhile...and this is just one case. Considering how many people get hurt on railroad property every year (through no fault of their own, because trespassing shouldn't be illegal ), personal injury lawsuits should be a goldmine once you start running daytime television and billboard advertisements...

[MagnumForce]

Railroads are viewed by Plaintiffs' attorneys as sitting ducks with deep pockets. So, when a trespasser gets hurt on the railroad whilst trespassing, it is only natural that they will then sue the railroad. We have plenty of liberal judges that will allow these types of ridiculous sounding lawsuits kick around the courts. After all, it is these types of lawsuits that give these judges a job in the first place! The railroad, faced with ever-rising legal expenses, ends up being forced into a position of having to pay hush money (called "settlement") to the trespasser in order to rid itself of the exposure of the lawsuit. Think a railroad wants to go up before a typical Wayne County jury in Detroit? No way! Too much downside risk there.

Think a burglar who gets hurt while engaged in a burglary can sue? You betcha! AND WIN!

http://overlawyered.com/2006/09/the-bur ... that-isnt/

Except this happened in very conservative and mostly rural Lenawee County. In the grand scheme this settlement cost was very small and much cheaper and easier then mounting any type of defense at all.

That said, if I was still a Lenawee County resident I would not vote Judge Noe for relection.

[SousaKerry]

This reminds me of a case I heard about as a kid in the 80's It seems this kid was riding along the ROW on his 3 wheeler/motorcycle and a loose piece of strapping was sticking out the side of a center beam flat load of lumber(we have all seen this.) Kid didn't see it and well he lost his head. Family sued the railroad and won even though he was trespassing.