Employee sues CSX over run-in with goose

[Anonymous]

Here is a question, what kind of a wuss needs to sue over a goose attack and against his employer who was not at fault in this case?  I can't get over how touched people are at times and will do all kinds of bull just to get media attention or free money.  Personally I hope CSX fires the twit for being an obvious scam artist and trying to insult their intelligence.

On a new thought related to this, if I was in his place, I would have kicked the stupid bird with my steel toed boots.  It's tresspassing on railroad property and surely would be so if it had an owner. Plus, you are defending yourself; not so much like defending yourself from a bear attack but it is still an animal that has a tendency to attack folk for no particular reason and worthy of a boot to the head. 

I've been in an injury case situation before. I was dissmissed. Don't ever wish for a man to lose his job, what's wrong with you. Don't talk about what you would have done either, because you don't know what you would have done. Maybe you need to think about how things would be if your job were in jeapordy. Next time give your mouth the same opportunity as your ears.

[Anonymous]

I'm with the goose on this one...........

 

 

 

Score is now Goose 2, Phoam goose eggs.

You might say the phoamers got goosed on this deal!

Holy Jaap Van Dorp Batman!!!!!!!!!

 

 

[TomDiehl]

Here is a question, what kind of a wuss needs to sue over a goose attack and against his employer who was not at fault in this case?  I can't get over how touched people are at times and will do all kinds of bull just to get media attention or free money.  Personally I hope CSX fires the twit for being an obvious scam artist and trying to insult their intelligence.

On a new thought related to this, if I was in his place, I would have kicked the stupid bird with my steel toed boots.  It's tresspassing on railroad property and surely would be so if it had an owner. Plus, you are defending yourself; not so much like defending yourself from a bear attack but it is still an animal that has a tendency to attack folk for no particular reason and worthy of a boot to the head. 

As much as it may shock some people on this forum, I have to agree with Michael on this one. This poster obviously doesn't realize that a goose is hardly the cute little farm animal he's seen in the cartoons. The head of a full grown goose can easily be at least waist high on a full grown man, so I'd like to know if he's really flexible enought to kick that high, and accurate enough with a kick when the goose is running at you. If you kick it lower, you're going to get bit, and I have first hand experience with domestic geese, so I'd venture to guess that wild geese are as bad or worse.

[sanvtoman]

  All joking aside i think even if the Carrier were to side with the employee they would not want to settle because of other potential suits. On the other hand i have known trainmen who were not called back to work when they should have been and were passed over. The carrier called back junior employees and my friend time slipped and it still took 8 months to get his back pay. So i guess it depends on the company.

[zardoz]

  All joking aside i think even if the Carrier were to side with the employee they would not want to settle because of other potential suits. On the other hand i have known trainmen who were not called back to work when they should have been and were passed over. The carrier called back junior employees and my friend time slipped and it still took 8 months to get his back pay. So i guess it depends on the company.

The few times I got hurt on the CNW, they offered me my lost wages plus a little 'extra'.  Didn't have to go to court, fight any battle, have a hissy fit, or anything.  I merely reported the injury, the company fixed the problem that caused the injury, and paid me my settlement. Done, with no further ramifications or issues.

[zardoz]

[quote user="TomDiehl

The head of a full grown goose can easily be at least waist high on a full grown man, so I'd like to know if he's really flexible enought to kick that high, and accurate enough with a kick when the goose is running at you. /quote]

Espescially since he was likely on ballast, wearing sturdy work clothes and heavy boots, carrying a radio or other equipment--hardly conducive to doing a spinning roundhouse back-kick.

[edblysard]

Bet Chuck Norris could do it!

[vsmith]

When Geese ATTACK!

http://youtube.com/watch?v=Yd6Tp-dTisw

 

[solzrules]

When Geese ATTACK!

http://youtube.com/watch?v=Yd6Tp-dTisw

 

It just goes to show how stupid people are when they get around wildlife.  (Not saying the CSX guys was dumb - you can walk into a situation without realizing it.)  Some people figure that all wildlife animals are basically domesticated cats-they need to be pet and kissed.  If you want to see something REALLY funny, watch Grizzly Man - the documentary about Timothy Treadwell.  When he wasn't naming 1000lbs grizzly bears Mr. Chocolate, he was sticking his hands in bear poop and talking about how great it was.  Not suprisingly, he was eaten by a bear.  Wild animals are best viewed at a distance.  Not only are you keeping yourself safe, you are keeping the animal safe.   

[Anonymous]

http://youtube.com/watch?v=ooHKC_F7ics

 

 

[arkansasrailfan]

In contrast to the teen debate, I'm a teen and I say that the employee made the great big error of waiting 2 years to do anything about, but 1-did he file a injury report? 2-did he agitate the goose? 3-or did he think, "oh well" told someone about it and someone said,"sueCSX then!"
I can think of many posibilties about this. I tell you when I was 4, a goose attacked me, and all these years later, I think it's funny(I went wahhhhhhhhhhhhh!!!!!!!-exact quote)
all those goose attack videos show stupid acting like wildlife all sedatelife(hinthint-that's why wildlife is called WILDlife peope!)
And falling on the hard coffee table, it is not funny. When you're teeth are smashed up, you're bleeding from you're mouth, and screaming at the top of your lungs(think air raid siren, at age 4 again*groan*)
another word of advice, never let tots out of your view, for they will do something horrible)
Now both of situations once I think about it are funny, my 2nd cousin, whos 3, almost strangled himself on the pull cord on blinds, which his father saved him just in time. It's not the fault of his parents, but rather how easy it is for a tot to kill/injure himself in a moment when not watched.

[MichaelSol]

In contrast to the teen debate, I'm a teen and I say that the employee made the great big error of waiting 2 years to do anything about, but 1-did he file a injury report? 2-did he agitate the goose? 3-or did he think, "oh well" told someone about it and someone said,"sueCSX then!" I can think of many posibilties about this.

Try this possibility. Many injuries, particularly skeleto-spinal injuries such as the type suffered in a serious fall don't just instantly "heal up". Often the recovery period to a "point of maximum healing" can take many months. The "point of maximum healing" defines the damages. If someone is going to be just fine 16 months after an injury, you have 16 months worth of injury to focus on. If the recovery and rehabilitation is slow and arduous, it may to 2-3 years of surgeries and/or physical therapy to determine the "point of maximum healing." And for some people, the injury is, ultimately, permanent to some degree. There is no point in filing a lawsuit for a patient/client until the damages can be determined -- up to and until the statute of limitations begins to run, and then the attorney files the suit even though damages may not even then yet be ascertainable; however, at that point, the simple passage of time itself often suggests the level of difficulty of the recovery.

The "delay" is in fact no such thing, but rather typically a reasoned and practical judgment to file at a given point in time for both medical and legal reasons.

"I'm a teen and I say that the employee made the great big error of waiting two years ...." does, unfortunately but perhaps predictably, underscore a lack of experience and a tendency to rush to judgment on people and circumstances you know little about. Most teenagers grow out of it, some don't.

 

[snagletooth]

http://youtube.com/watch?v=ooHKC_F7ics

 

 

Synchronized dancing, I gotta remember to do that one!

[arkansasrailfan]

In contrast to the teen debate, I'm a teen and I say that the employee made the great big error of waiting 2 years to do anything about, but 1-did he file a injury report? 2-did he agitate the goose? 3-or did he think, "oh well" told someone about it and someone said,"sueCSX then!" I can think of many posibilties about this.

Try this possibility. Many injuries, particularly skeleto-spinal injuries such as the type suffered in a serious fall don't just instantly "heal up". Often the recovery period to a "point of maximum healing" can take many months. The "point of maximum healing" defines the damages. If someone is going to be just fine 16 months after an injury, you have 16 months worth of injury to focus on. If the recovery and rehabilitation is slow and arduous, it may to 2-3 years of surgeries and/or physical therapy to determine the "point of maximum healing." And for some people, the injury is, ultimately, permanent to some degree. There is no point in filing a lawsuit for a patient/client until the damages can be determined -- up to and until the statute of limitations begins to run, and then the attorney files the suit even though damages may not even then yet be ascertainable; however, at that point, the simple passage of time itself often suggests the level of difficulty of the recovery.

The "delay" is in fact no such thing, but rather typically a reasoned and practical judgment to file at a given point in time for both medical and legal reasons.

"I'm a teen and I say that the employee made the great big error of waiting two years ...." does, unfortunately but perhaps predictably, underscore a lack of experience and a tendency to rush to judgment on people and circumstances you know little about. Most teenagers grow out of it, some don't.

 

I do know that in juries take quite a while, but how could being attacked by a goose make you take 2 years to heal, and why would this guy take 2 years to report it. If the guy slamed his head against a rail, or run into something, yes, it would be resonable. This goose, in order to injure him to make a 2 year healing, the goose would have to be extremly strong and weigh a lot. This man may have as a only alternative is to sue CSX. For any railroad, or company, removing wildlife or anything that is not immediatly affecting that establishments operations is way down on the prioty list. An imediate priorty would be transits, living things getting in equipment, etc. I have read plenty of articles where people sue somone for an incident that happen a reletivly long time ago, like 2 or 3 or 25 years. It could be that they just wake up one day and decide to sue. I have yet to see the suer say why they suddenly decided to sue. Nobody can really speculate whats taken so long, because every case is different.

[MichaelSol]

  Nobody can really speculate whats taken so long, because every case is different.

But, speculate you did ... and that, in your opinion, it "took too long".

Law, medicine, engineering, accounting, many of life's endeavors are successfully pursued by acquiring knowledge first .... then offering opinions which have a credibility different from those opinions that arise spontaneously and sometimes too strongly during the sunrise of life, unencumbered by experience and judgment.

 

 

 

 

[coborn35]

Does anyone else find it extrememly ironic that Afflack, the company that gives you money when your hurt and have to miss work, is a goose?

[Murphy Siding]

Does anyone else find it extrememly ironic that Afflack, the company that gives you money when your hurt and have to miss work, is a goose?

Um.......it's a duck.

[vsmith]

A-FLAC !!!!

[Convicted One]

Sounds to me like this goose might be one of those railfans that don't take orders to leave the property lightly.