Amtrak Engineman Train 188 Sues

[SAMUEL C WALKER]

Here is link about Brandon Bastion: http://www.phillymag.com/news/2017/01/27/brandon-bostian-amtrak-lawsuit/ 

Suit claims that but for lack of lineside security permitting trains to be hit by rocks the series of events leading to the derailment would not have happened. Bastion claims his train was hit by projectiles.

http://www.phillymag.com/news/2017/01/27/brandon-bostian-amtrak-lawsuit/

[CSSHEGEWISCH]

This may not be quite what everybody thinks.  Workers' compensation laws do not apply to railroaders and existing law requires that they file suit for compensation.

[schlimm]

The NTSB report does not support Bastian's legal theory.

[BaltACD]

schlimm

The NTSB report does not support Bastian's legal theory.

Not entirely - as Bastian references another train being struck by projectiles in the area and the road channel radio traffic about that strike.

[wanswheel]

Is it possible the lawyer hasn't been paid, and the client is too poor to pay?

[Dakguy201]

I think CSSHEGEWISCH is correct, and this is nothing more than what is required in the absence of a workers' compensation system.   If I were a rail union member, I'd be asking my union officials hard questions regarding the relationship between themselves and the lawyers who specialize in such litigation.  Should no relationship exist, I would want to know why they don't negotiate an end to the system.   

 

[PNWRMNM]

Dakguy201

If I were a rail union member, I'd be asking my union officials hard questions regarding the relationship between themselves and the lawyers who specialize in such litigation.  Should no relationship exist, I would want to know why they don't negotiate an end to the system.    

It is common knowledge in the industry that the relationship between the unions and the plaintiff's bar is a cozy one. I believe money changes hands with some degree of regularity, but no one with knowledge is stupid enough to talk.

If the unions want to end the current system, and I am not aware of evidence that they do, they would have to get Federal Law changed in addition to negotiating with the carriers. I believe the carriers would agree in an instant.

Mac

[schlimm]

BaltACD

 

 

schlimm

The NTSB report does not support Bastian's legal theory.

 

 

Not entirely - as Bastian references another train being struck by projectiles in the area and the road channel radio traffic about that strike.

 

Bastian contends his engine and he were struck.  The investaigation does not support that theory.  I fail to see why the union should support Bastian's criminal negligence.