The article says it all.
This numb nut doesn’t deserve a penny.
Stop, look, listen, live - he’s lucky he didn’t become coupler jam.
Notice all the claims the lawyer made… Looks like a gold-digger to me…
[D)] It would seem the loss of braincells occured prior to the impact…[banghead]
Leaping to a conclusion, because I haven’t seen the crossing and didn’t see the accident: this is another case where the person who files a baseless lawsuit and the lawyer who represents him/her should suffer severe penalties.
But I didn’t see the train, officer! I guess being picked up for DUI and driving without a license also goes along with someone who can actually blame the railroad because he can actually miss a train coming. They are kinda hard to miss.
Looks like another case of “I didn’ do nuthin’ wrong, I was jus’ mindin’ my own bidness. It’s everybody else’s fault!”
So often, these cases are not about winning, but getting the other party to settle.
Sad. [:(!]
Doesn’t the local community also have responsibility for crossing protection? I am not saying the lawsuit is anywhere near right. Sounds like a frivolous lawsuit to me.
I’d say the driver had brain injuries due to excessive alcohol consumption long prior to this accident. The [:o)]. Or just [|)] at the switch[?] Another candidate for the Darwin Award?
Perhaps, I hope, there was a Railcam aboard the NS locomotive.
One potential problem with this lawsuit is that it was filed in Madison County, IL. Juries in this jurisdiction are notorious for awarding astronomical damages.
I dont know the full story but I think this is one lawsuit that will be a waste of the court’s time.
Some people get DEAD after tangling with a train and I dont see em suing.
I agree with ValleyX. if There was a cam on that train that captured the scene then it will protect NS from having to settle or pay in this suit.
If this bozo gets one penny then our legal system is finally completely broken.
NS should counter-sue for damages he made to the train, emotional distress for the crew and loss of revinue for the period the line was shut down for the accident investigation.
Pure ambulance chasing.
"Court records show that Burlingame was charged with driving under the influence in 1991 and 1995.
He also has a past history of illegal transportation of alcohol and reckless driving."
AND he was driving without a license when this happened?!?
More to the point he was an UNLICENSED driver which is kind of an oxymoron. [:p]
SO if he had not been driving (and he should not have been), then none of this would have happened. Its all cause and effect. [:(!]
Nothing else needs to be said to have this case thrown out of court.
What kind of lawyer takes this case? [:(!]
In courts, a licensed professional is accorded at least a semi-expert standing of his testimony. This driver, having no license, can provide no knowlegeable testimony. His only chance of winning would occur if he could prove that other people (supposedly licensed) had been similarly injured. This, then would become a class-action suit. However, I suspect this guy has no class, at all.
Agreed. And at the very least, counter-sue for at court costs and employee time.
Perhaps it’s time for train crews to start sueing these alleged drivers for the trauma their actions cause.
Over the twenty years I was an engineer, nine people lost their lives as a result of either their stupidity, impatience, or thrill-seeking interacting with the train I was operating. None of them were accidents.
And to this day, twenty years later, I can still vividly remember each incident. Maybe I should go back and try to collect…obviously easier than working.
Anybody else, in any different scenario (away from the railroad), that through their actions would cause a person to live through an incident that would give that person horrible memories for many years would be arrested for their crime.
And the lawyer that is representing him is either a disgrace to his profession, or else he exemplifies the profession. I’m not sure which.
The filing of the suit is prima facia evidence that he has damaged his brain, beyond any hope of rational thought.
As I understand it, the #1 and #2 ways that a lot of people think they’re going to get rich is to either win the lottery or win a big lawsuit. That’s what this smells like, to me. His hired ambulance chaser knows full well this case has no merit, but will wind up with most of the loot, win, lose or draw. Now, not only does the company has to waste resources defending this, but so does anyone else named in this suit. I REALLY hope they fight this and counter-sue.
This has that “Angels on Track” group written all over it.
I hope Gabe is reading this. (I think his profession is getting demoted to trade again with this type of thing - Curious to see how he defends the ambulance chaser)[:-^][:-^][:-^]
Why do people like this survive through the years? I think evolution and surivial of the fittest is a load of crap. Darwin was a moron. This guy will probably get a settlement out of court just so the railroad keeps its costs down.