Caution: Do Not Walk on Tracks !!!

[Anonymous]

I found the item below on Fox News - read it and weep!

Bob Boudreau

"Caution: Do Not Walk on Tracks

Wednesday, November 17, 2004


A Pennsylvania woman who was struck by a train has sued the rail company — for failing to warn her that trains travel on railroad tracks.

Patricia M. Frankhouser filed suit on Nov. 4 seeking damages in excess of $30,000 from Norfolk Southern Corp. (search), according to the Pittsburgh Tribune-Review.

Last January, Frankhouser was hit by a train as she walked along railroad tracks in her hometown of Jeannette, Pa., a southeastern suburb of Pittsburgh.

Amazingly, she came away from the encounter with only a broken finger, some cuts and, according to the lawsuit, "pain."

Apparently, however, the incident was traumatic enough for her to hire a lawyer.

"Defendant's failure to warn plaintiff of the potential dangers negligently provided plaintiff with the belief she was safe in walking near the train tracks," Frankhouser's suit asserts.

It goes on to state that Norfolk Southern, based in Norfolk, Va., should have posted signs warning passersby "of the dangers of walking near train tracks and that the tracks were actively in use."

[Anonymous]

Since when do trains go down tracks? I didn't realize this either!

[Anonymous]

I saw this. What the heck are tracks used for? Birds?! Thats like walking in the middle of the road, getting hit by a car, and sueing! She might be one of the dumbest people yet.[:(!][:(!][:(!]

[vsmith]

Just another idiot doing something idiotic and trying to be rewarded for their idiocy with the help of a money sucking lawyer...

When she heard the train did she just stand there expecting the train to go around her?

[Anonymous]

You gotta be pretty dumb to be hit by a train in the first place, not like it sneaks up on you or anything.

[Anonymous]

Hmmmmm. No wonder why my trains keep falling off the layout . . . I didn't use track!

[CP5415]

Does she need to told when to breathe?

Gordon

[Anonymous]

What's that train doing there? It's not like I'm on train tracks. I'll just wait until it stops..................

It must not have been going very fast if all she got was a broken finger. Stupid lady...........

[Anonymous]

I would question whether anyone who fails to realise that trains are found on tracks should be out alone - we're in Darwin Award territory here! Sounds like another person doing something dumb so they can sue someone - when will the idea of "if you get hurt doing something dumb, it's your own fault" come back?

[cacole]

Unfortunately, moronic juries and judges award people for such stupidity, like the old biddie in California who sued McDonald's because she spilled coffee in her lap and collected several million dollars. There are lawyers who are such low-lifes that they will sue anybody for anything if you offer them enough of a percentage.

[AntonioFP45]

QUOTE: Originally posted by Stuckarmchairing

You gotta be pretty dumb to be hit by a train in the first place, not like it sneaks up on you or anything.

This is absolutely idiotic. Hopefully the judge is not a "bleeding-heart" and throws out this suit.

Stuckarm, just one thing though.................

Believe it or not Trains Can Sneak Up On You!

Years past, I've went railfanning with my camera along the SCL tracks. Out in the Florida countryside where grade crossings are fewer, I one day stood just a few feet from the mainline and waited as I knew a hotshot freight would "whiz by" soon. I looked westward down the track.............nothing. I then spent a little time checking my camera's settings. When I looked back........WUF! There was the train less than 1000 feet barreling toward me!.....and I had not heard it! To make the situation even weirder....the train was being pulled by a 3 unit lashup of GE Dash 7 locomotives, which are LOUD diesels! I stepped back a few yards and snapped my picture. The engineer "tooted" his horn and gave a friendly wave as he blew by.

Years later, I read in TRAINS magazine that in certain types of terrain if the wind conditions are just right, you WON'T hear an approaching train unless the engineer blows the horn. In some instances, if there are no grade crossings and the sun is in the engineer's eyes he won't see you and won't blow the horn. If you're too close to the tracks, you're transformed into a "Soccor ball".

Stay safe, Amigos! [;)]

[Anonymous]

This is worse than any Darwin Award, worse than stupidity![V] And we wonder why lawyers are so hated...

Lawyers, greed, and stupidity--three things that should be kept as far apart as possible!
Preferably out of the U.S. if we could!

[Anonymous]

Its kinda hard not to hear the trains at my local railfanning spot, its a old trestle in a area where sound echoes, the super-loud-hear-from-a-mile-away Long Island RR passenger trains come barreling across a grade crossing then swinging a curve before coming into view. If you dont hear it by then the engineer will lay on the horn. Theres a walkway on the bridge so getting off to the side (Kills your ear drums, its happened to me twice, seeing those double deckers a foot away from your face is scary) is easy. The biggest risk you have is falling into some pricker bushes off to the side of the roadbed.


Now the old GP-38-2's they use for the frieghts? those you hear a town away, breaks squealing, cars rattleing and clicky-clacking at 50 miles an hour. I dont really take pictures there anymore, I have a few nice sunset shots of a frieght and about a dozen passenger train pictures from there. Im not sure about other locations on the island, but on that bridge you wont have any trains popping up in your face.

[Anonymous]

QUOTE: Originally posted by cacole

Unfortunately, moronic juries and judges award people for such stupidity, like the old biddie in California who sued McDonald's because she spilled coffee in her lap and collected several million dollars. There are lawyers who are such low-lifes that they will sue anybody for anything if you offer them enough of a percentage.

Actually, that was McDonald's fault. They had violated some safety thing by selling coffee at that temperature. The coffee should not have been hot enough to burn her like it did.

There's a pretty good chance a case like this will be dismissed. Recently there was a woman that was injured by a foul ball at a baseball game and she sued saying that they should have warned her better about the likelihood of injury by fouls, as she was not familiar with the sport. However, she also said that if they can afford to pay these athletes as much as they do, they can surely afford to compensate her. The judge threw it out, saying if she knew enough about the salaries of ball players, she knows what a foul ball is. I'm certain this case will be just like that one.

[Anonymous]

Actually, the woman with the McDonalds coffee suffered severe burns requiring the remove of a good percentage of her privates. Not only was the coffee way to hot, but the lid was not placed on it causing the spill to happen. Originally she had only asked McDonalds to pay for her medical expenses. McDonalds refused. What apparently swayed the jury was when a McDonald's executive stated that the revenue from coffee determines all decisions regardless of any complaints they may receive.

As I've said elsewhere. I do take a little offense at the line "here are lawyers who are such low-lifes that they will sue anybody for anything if you offer them enough of a percentage." Doesn't the other side have attorneys too? All the percentage in the world won't pay me a dime if a jury does not give an award. I've found those that blame attorneys for those "outlandish awards" are usually the ones that brag about how they got out of jury duty. It's a shame.

[Anonymous]

Not to beat a dead horse, but why do you think there are so many plaintiff attorneys out there willing to file so many suits? On a contingency case, the attorney gets nothing if the plaintiff does not get an award. Usually all prior expenses are paid by him. Why would these attorneys take such a risk? Because juries give those awards. Unfortunately we live in a world where it is an open joke that the jury pool is made up of those too stupid to get out of it. We also live in a world where the average person knows what happened last week on each reality television show, yet would be hard pressed to name just two of the rights the Constitution grants.

Of course, having been in Somalia during Restore Hope and Liberia during its civil war, I'll take our judicial system, flawed as it may be, over anarchy any day.

I'll get off my soap box for now and I appologize if I offended anyone.

Dave

[ericsp]

http://www.trains.com/community/forum/topic.asp?page=1&TOPIC_ID=24212

On a related note. Many people out here want to move the BNSF trains to UP tracks because they lived by the BNSF tracks and the BNSF tracks go through the middle of town. They have only been there since 1898. Appearently people were thinking the same thing this woman was when they bought their houses. Trains on tracks? Ridiculous.

[Anonymous]

Ever fly out of John Wayne Airport in Orange County? Apparently the planes have to take off, full throttle, go up and a very steep angle, cut their engines and point out to sea so as to not make a lot of noise for the neighbors. Hmmmmm. I guess the realator didn't tell the folks that planes use the big runways at the airport lol.

[railman]

QUOTE: Originally posted by ericsp

http://www.trains.com/community/forum/topic.asp?page=1&TOPIC_ID=24212

On a related note. Many people out here want to move the BNSF trains to UP tracks because they lived by the BNSF tracks and the BNSF tracks go through the middle of town. They have only been there since 1898. Appearently people were thinking the same thing this woman was when they bought their houses. Trains on tracks? Ridiculous.

similar situation...in our small little town, we are becomming a suburb now, and people express shock and outrage when they realize they bought a new house that overlooks a farm, complete with odor...so they complain...

apparently they want the "small town" ambiance without the small town to go with it.

[yellowducky]

Here I thought this was about my problem, that I had at my last train show.

I do "hands on model trains" for kids. One adult did "foot on track".

Granted, it was on the floor of a special area, and on a silver tarp, but I didn't post a "please do not walk on tracks" sign !

Next show I'm doing should have a lot more traffic. Everything will be off the floor. The gauge #1 track will be on platforms about 1 foot high. Still kid friendy, but hopefully, adult friendly too.

WHAT? Train Fest WHERE? Science Crentral, Fort Wayne, IN
WHEN? Thanksgiving weekend, 10-5 on Fri. & Sat., 12-5 on Sun.

TRAINing, not a walk in the park, but not a on the tracks either !

[tstage]

QUOTE: "Defendant's failure to warn plaintiff of the potential dangers negligently provided plaintiff with the belief she was safe in walking near the train tracks," Frankhouser's suit asserts.

It goes on to state that Norfolk Southern, based in Norfolk, Va., should have posted signs warning passersby "of the dangers of walking near train tracks and that the tracks were actively in use."

I would love to hear Ms. Frankhouser's lawyer's definition for the word "near". Was she "near" the track, or was she "on" the track? (Somehow I don't think she was pulling weeds next to her garage) And she only sustained a "broken finger" and "some cuts"? Hmmmmmmm. If I were REALLY struck by a train...then I would probably NOT be typing a response to this post. On further thought, I probably wouldn't be giving much of a response AT ALL!

Ya' know, the real answer is that the government should really step in and protect us from our own stupidity. Nobody wants to take responsibility for ANYTHING anymore! (Unless, of course, we get some sort of benefit from it.) Makes you sorta proud of our educational system, doesn't it?

Only in America...

[Hawks05]

QUOTE: Originally posted by Railroading_Brit

I would question whether anyone who fails to realise that trains are found on tracks should be out alone - we're in Darwin Award territory here! Sounds like another person doing something dumb so they can sue someone - when will the idea of "if you get hurt doing something dumb, it's your own fault" come back?

i was going to say Darwin Award winner right there. i live 3 blocks away from the tracks and when a train goes through its thundering, i've been up taking pictures a few times and have stood about 5 feet away from the train, i thought for sure it was going to swerve off the tracks and hit me. you know how they can just turn on a dime like that.

how? just how could you not realize what the tracks are for. i can't comprehend that at all. i'm going to go to bed wondering how.

[PennsyHoosier]

Perhaps she was thinking: "I think my rights outweigh those of the the train." PLUNK. "No, I guess the train outweighs me."

[ericsp]

QUOTE: Originally posted by dkelly

Ever fly out of John Wayne Airport in Orange County? Apparently the planes have to take off, full throttle, go up and a very steep angle, cut their engines and point out to sea so as to not make a lot of noise for the neighbors. Hmmmmm. I guess the realator didn't tell the folks that planes use the big runways at the airport lol.

Some morons here also want the airport moved because someone was crazy enough to build housing tracts by it.

[Anonymous]

Of course who could forget the guy that sued Publishing Clearing House because after getting one of those flyers he flew to Florida to collect his money. You know the ad, it says "you've won $1million" but in little letters before that it says "if you have the winning number the . . . . " What made it even funnier was that that trip to florida was his second one lol.

The ability of humans to be completely stupid is only surpassed by some's ability to publically announce that they are stupid.

[johncolley]

I'll tell you an even scarier one! In my last year of high school,'56/'57 I oiled freights on graveyard shift at west Oakland's Desert Yard (was across the main from 16th St. Station) and one night I was oiling when I got whapped on the shoulder and side of the head by a piece of 2" wide steel strapping hanging off a flat car that had been tossed onto the next trackto the departure track. Never heard it until it was right there! Didn't cut me but it scared the c**p out of me!

[Anonymous]

Like duu!

[Anonymous]

About 10 years ago a co-worker of mine, a signal maintainer on Amtrak with 20 years on the job was struck and killed at MP 169 in Davisville R.I.. The wind was blowing, it was a cloudy day. The train that hit him didn't have his head light on. Kenny Plouffe is now listed on a plaque in Washington D.C.. STAY OFF THE TRACKS. EVERY EIGHT MINUTES SOMEONE IS STRUCK BY A TRAIN IN THE UNITED STATES*


*quote from Amtrak news

[Anonymous]

Trub,

Sorry to hear that.

[trainfan1221]

That is a shame. As for that woman, I think the newswire article sums it up nicely as saying she didn't realize the tracks were used for trains. This woman has issues.