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[quote]QUOTE: Originally posted by wabash1 I will not say that you are wrong on the switch. but over in that area i dont think it is dark terittory. meaning if the switch was left lined the engineer would have been running on a restricting signal. if it was dark territory i dont think the speed would have been that high. and ns dont have no 3 didget unit numbers. as far as law suits go it wont be exspensive. and not everyone is going to get paid off. it just dont work that way. [/quote] I can't say for certain it is dark. If it is, there would be no signals to warn the engineer. As to legal expenses I don't think the NS will get off too cheap. Unlike situations where you have grade crossing incidents or employee injuries where the company can pin some blame on the plaintiff, the NS will have a very difficult time blaming people at their jobs or homes going about their daily lives who were killed or seriously and permanently injured by chlorine gas coming from a railroad tank car in the custody and control of the NS. Further, in such cases (ultrahazardous activities) there is often strict liability imposed, meaning that the plaintiff need not prove any negligence on the part of the NS. Thus, all they need do is show up with their medical bills and charts showing exposure to chlorine and NS will be pulling out the BIG checkbook. Perhaps not everyone will sue, but if you doubt that NS will take responsibility take a look at the news footage of the NS PR guy apologizing to the community on TV. I think they and their insurers will do the right thing. I don't think they have much choice. LC
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