Woman Awarded Over $500 Million After Getting Hit by Train

[Fred M Cain]

Woman Wins $557m Against Railroad Company After Being Hit by Train (msn.com)

Now, in this particular case, I believe the railroad is entirely innocent.  This is clearly another typical grade crossing violation done by a motorist.

Sure, I feel bad that the poor woman lost her leg but the train was not really to blame.

Her lawer argued that "The train failed to stop when it was clear there was a car on the track".  WHAT?  What kind of logic is that?

The news media and maybe even the woman's lawyer appear to be taking advantage of a spat of rail-related accidents to their own gain.

A spokesman for the UP stated that they will appeal.  I feel bad for the woman but I hope that the UP prevails.  If they lose this would set a bad and possibly dangerous precedent.  People will get even more careless at grade crossings if they feel that the train somehow has an obligation to stop.  They CAN'T STOP ON A DIME ~ !

[tree68]

Fred M Cain

They CAN'T STOP ON A DIME ~ !

A basic fact of physics that all too few seem to understand.

[Ulrich]

From what I read the women wasn't in a car.. she was sitting on a rail when the train struck her. By her own admission she was trespassing. UP will obviously appeal this ridiculous verdict. 

[spsffan]

Indeed, it says "seated on the track". What the?

[zugmann]

spsffan

Indeed, it says "seated on the track". What the?

 

From the earlier linked article:

"Court documents suggested Johnson was intoxicated prior to being hit by the train."

 

 

And From: https://news.bloomberglaw.com/litigation/union-pacific-hit-with-557-million-verdict-over-train-collision:

"Johnson also sued a local bar, alleging that they had over-served her, which led her to sit on the nearby railroad tracks, according to court filings. The bar wasn’t included in the verdict."

-and-

"Following the accident, Johnson was transported to the hospital, where it was found that her alcohol blood concerntration was 0.201%, court filings said."

 

[Flintlock76]

zugmann

"Court documents suggested Johnson was intoxicated prior to being hit by the train."

Typically a company faced with a suit like this will (under advisement by their corporate lawyers) make an out-of-court settlement just to end the situation.  But I imagine the womans lawyer advised her to "Go for the gold!"

Add in a sympathetic jury who know no more than the average citizen does about how railroads operate, plus having the idea that "The railroad's got lots of MONEY!" and you wind up with a settlement like this, no matter how much the plaintiff's at fault. 

I don't blame UP for appealing this.  It's crazy.  

[mudchicken]

Missy Martin case from Castle Rock CO redux.

[Cotton Belt MP104]

Reference the accident mentioned: research = headline “Payout reversed in Castle Rock train wreck that injured teen”…..FROM denverpost.com › 2009/06/08  a quote from the middle of the news report……….“This decision arose out of a tragic accident that continues to very deeply affect everyone involved,” Union Pacific spokesman Tom Lange said in a statement Tuesday. “While it is unfortunate that justice sometimes moves slowly, we are grateful that the Colorado Supreme Court found that Union Pacific had been denied a fair trial and ordered a new trial where the responsibility of all parties to the accident will be considered.”……

 

THAT said, Sure would be nice to see what outcome the appeal yielded. On 2 May, 2018 a CBS station reported a scholarship with funds from a settlement with UP was established 16 years after the crash. But the question remains, How Much was the final for UP. I would hope not the first sought $11M. In research it was noted her boyfriend was behind her stalled car and he attempted to push her off the RR. Question remained in the article, did he then actually put her in more danger? Obviously if he had done his job “completely” he would be hit not her. Interesting additional part of the accident.  endmrw0310231746