The Railroads will be paying more attention to trespassers

Trains Magazine General Discussion
1

Here is an AP story from the Wilkes Barre Newspaper# Jury awards $24M to Pa. men burned after climbing rail car###### Associated Press

PHILADELPHIA - A federal jury awarded $24.2 million to two men who were severely burned by electrical wires when they trespassed onto railroad property and climbed atop a rail car.

Jeffrey Klein and Brett Birdwell, who were 17 at the time of the accident, sued Amtrak and Norfolk Southern Corp. after being burned by a 12,500-volt electrical wire in Lancaster in August 2002. In their lawsuit, they argued that the companies should have placed warning signs alerting people to the wires, which power locomotives.

After an 11-day trial before U.S. District Judge Lawrence Stengel, the jury handed up its verdict in the liability phase Tuesday, finding the companies negligent. The jury issued the damage award Thursday.

Klein, who was burned over 75 percent of his body, was awarded more than $11 million in compensatory damages; Birdwell, who was burned over 18 percent of his body, was awarded more than $588,000. The jury also awarded a total of $12.5 million in punitive damages, $8.75 million against Amtrak and $3.75 million against Norfolk Southern.

A defense attorney, Paul F.X. Gallagher, had urged the jury to exonerate the companies, saying that the teens were old enough to recognize the danger of the wires. The companies can appeal the jury verdict and the awards.

An attorney for the plaintiffs said the companies had to bear some responsibility.

“The boys were trespassing, but the law doesn’t give blanket immunity to the landowner,” attorney Joseph Roda said. “Both Amtrak and Norfolk Southern knew a lethal danger existed but failed to post any warning signs.”

Klein and Birdwell, each now 22, lived in St

2

If the jury trial was held in Philadelphia, I’m not surprised at this verdict. Philadelphia is a plantiff lawyer’s heaven when it comes to civil cases against big companies. Why else do you think the plantiffs tried the Walmart case in Philly?

Pennsylvania does not require civil cases to be tried in the jurisdiction in which the accident occurred, except for medical malpractices cases, so every plantiff that can possible do so gets their state case tried in Philly. The Federal courts located there are sometimes better but the juries can still reflect the Philly attitude. I would bet that the make-up of this federal jury reflected the make-up of the average state jury in the city and that’s why the extreme verdict.

Keep your eye on the case involving the dead smoker that goes before the US Supreme Court in a few days. The ruling in that one will help determine whether or not this way overblown award will stand.

3

This is a theory:

Prosecutors in Philadelphia must be so busy with drugs and thefts that there is no time to take on trespassers, even though the evidence is solid.

Andrew

4

It looks like we have an accident lawyer here. Well, you are right about one thing. If you want to sue a major company and have a convencing jury come to the great city of Brotherly Love. This is why about three years ago Fox came out with a show sort of like Boston Leagal, it was called Philly.

On another matter I imagine the railroad is going to be looking out for tresspassers more often considering the fact that Holloween is comming up this Tuesday. Not to mention misjif (sp) night is on Monday. The railroads got to watch out for people tampering with things.

5

SOME D@MN BNSF MofW GUY ASKED ME. YOUR NOT A TERROST ARE YOU YESTERDAY. I SOULD HAVE SAID…NO YOU F*CKN JEW. DO I LOOK LIKE A TERRORST. PEOPLE LIKE THAT REALY PISS ME OFF. AND I WAS MORE THAN 2,000FT FROM THE TRACKS. SORRY FOR THE RANT.

6

Yeah, next time you might want to go pound sand instead of writing that on the forum. Rant or not.

7

Sorry buddy, but you don’t need to talk like this to ANYONE. I’ve read other posts from you and to me you sound like some snot-nosed 15- year old kid. Please, get a grip on life.

CANADIANPACIFIC2816

8

Ya you just wait till it happends to you BUD.

9

Your snotty e-mail only re-inforces what I think of you, Allen.

10

My parents taught me that coarse vulgar language was a sign of a limited vocabulary; but what did they know, they had only a grade school education, the pre-1905 rural variety.

Art

11

My parents would have never tolerated foul language from me, and I would agree that it is a sign of limited vocabulary and intelligence when other people constantly use it. While I am not above using a couple four letter words now and then, I don’t care to associate with people who constantly use the F word without even thinking about it.

CANADIANPACIFIC2816

12

I don’t look like a terrorist (do you?).

I have no concerns that it would happen to me, and if it did I would really enjoy making the person who made that kind of an accusation look like a fool. I am confident enough that I could do this without having to get on a public family forum and type a bunch of worthless ranting like you just did.

13

So, better than the average High School Grad these days. Welcome to the generation of I want it yesterday and oh, yeah it needs to be free and right to my specifications. No respect for anything, even themselves…

And people wonder why I am just a cranky 'ol railroader…LOL…

LC

14

Even though I am not of the Jewish faith I find your stupidity highly offensive and inappropriate for this forum or anywhere. You have been reported to the Moderator. If this happens again I will demand your removal from this site, permanently.

LC

15

Not so special. I just know what is proper and what is not. I don’t often ask that anyone be removed from this site, but when I do, it is becasue there is ample cause. I haven’t asked it, yet. If this conduct continues, I will.

If you have a problem with my not wishing to associate with those using racial or religious slurs, nor tolerate such behavior, I would submit that you have a problem.

LC

16

There are some thoughts we keep in our heads, because our brain tells us not to say it. This is called an inside thought. Posting on the internet is no different. You are an idiot.

“Better to remain silent and be thought a fool than to speak out and remove all doubt.”

-A. Lincoln

17

How about if I second his request? I’m sure the call for a vote will garner a large number of hands in the air.

One of our primary jobs as railfans is to put forth a positive image of a hobby that is misunderstood by many, and reviled by some. A tirade like that sets our cause back years, and certainly cemented any bad feelings toward railfans in general and teens in particular that the railroad employee may have had.

18

I also agree with the request. Yes, when I speak, depending on the group I am with, I may tend to be a little more foul mouthed than most. But I know where to draw the line. And this is not the place for any type of foul language. The line has not only been crossed, but thrown out the window. I don’t think he deserves another chance. This is not tolearble at all for this community.

19

I agree with you Larry, but I don’t think BNSF railfan is a teenager. If I recall, (chonologically) he’s a little older than that. There’s no doubt in my mind, that most of the teenagers on here act a whole lot more mature than he does.

20

The problem with a “ban” is that is really accomplishes nothing. He justs creates a new nick, and perhaps behaves himself a little better (or maybe not).

Rather than a banning, you might want to try “shunning” (where nobody responds to any of his posts). Shunning is usually very effective in tightly knit social settings.