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[quote user="mudchicken"] <A href="http://www.denverpost.com/ci_12549663">http://www.denverpost.com/ci_12549663</A> There is hope out there. UP appealled the appalling Missy Martin case and the upper court accepted the case. Hopefully they look at the merits this time instead of the attorney theatrics and warped assertions of the plaintiff's so-called experts this time. [/quote]   Well, at least in this case, the facts seem fairly well established.  If I understand this, the plaintiff’s lawyers argued that Missy Martin's car was in harm’s way by being on the “crossing.”  The conductor’s argument was that she was not actually fouling the train, so he did not set the brakes when he was still far enough away to stop short of the crossing.  Then Martin’s boyfriend tried to push Martin’s car ahead to get it off of the crossing, and he pushed it into the path of the train, but could not push it further into the clear.  By that time, the train was too close to stop, so it struck the car.  <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p> It would seem that the debate centers around the difference between the area known as the crossing, and the area fouled by the train as it passes over the crossing.  I would think that if an engineer saw a car stalled within the fouling area, the engineer would make every attempt to stop short of the crossing, even though the car might move out of the way before the train would arrive at the crossing if the engineer did not attempt to stop.  But what would an engineer do if he saw a car that was standing unusually close to the fouling area, but not inside of it?  Let’s say the car was stopped three feet short of fouling the train.  What would the U.P. have wanted the engineer to do in that situation?   I also looked at this link to the story, which also gives links to several previous stories that explain the progression from the crash to the conclusion of the trial. <o:p></o:p> <A href="http://www.thedenverchannel.com/news/4643603/detail.html">http://www.thedenverchannel.com/news/4643603/detail.html</A>
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