Trains.com

Employee sues CSX over run-in with goose

8049 views
108 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    January 2006
  • From: SE Wisconsin
  • 1,181 posts
CSX Goose tags
Posted by solzrules on Thursday, February 21, 2008 9:14 PM

Perhaps the CSX could allow the crews to carry a nice over under 10 gauge.  Just think - the engineer could have one hanging out his side and the conductor could have one on the other side.  Man, that'd be the goose killing machine!

Actually, this is a bird that needs to be hunted down.  Their numbers are growing exponentially, and without any natural predators in the area they are spreading like wildfire.  It is the same situation with deer in these parts.  We don't kill enough of them every year so they are becoming a hazard on the roads and some of them are dying of starvation every year because the habitat can't support the population. 

Geese can also put some hurting on you.  Their wings (I've never tried this) are supposedly strong enough to break your arm, if they hit you right.  Not the nicest bird to tangle with.  They can also be pretty teritorial, which sound like what the CSX guy walked into.  Without delving into the legitimacy of the lawsuit, I find it hard to imagine what CSX was supposed to do to prevent wildlife from being wildlife. 

You think this is bad? Just wait until inflation kicks in.....
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Friday, February 22, 2008 10:43 AM
 solzrules wrote:

Perhaps the CSX could allow the crews to carry a nice over under 10 gauge.  Just think - the engineer could have one hanging out his side and the conductor could have one on the other side.  Man, that'd be the goose killing machine!

 

Come in real handy for the morons determined to run  grade crossing gates  too, I'm sure?  That way the road crews wouldn't have to throw their trains into emergency,  they could just confirm the kill, and keep on chugging?

  • Member since
    September 2002
  • 7,486 posts
Posted by ndbprr on Friday, February 22, 2008 1:19 PM

PETA better not find out or they will want the railroad shut down until nesting season is over.  This guy brings new depth of meaning to getting goosed however.

  • Member since
    May 2005
  • From: S.E. South Dakota
  • 13,569 posts
Posted by Murphy Siding on Friday, February 22, 2008 1:26 PM
 solzrules wrote:

Perhaps the CSX could allow the crews to carry a nice over under 10 gauge.  Just think - the engineer could have one hanging out his side and the conductor could have one on the other side.  Man, that'd be the goose killing machine!

Actually, this is a bird that needs to be hunted down.  Their numbers are growing exponentially, and without any natural predators in the area they are spreading like wildfire.  It is the same situation with deer in these parts.  We don't kill enough of them every year so they are becoming a hazard on the roads and some of them are dying of starvation every year because the habitat can't support the population. 

Geese can also put some hurting on you.  Their wings (I've never tried this) are supposedly strong enough to break your arm, if they hit you right.  Not the nicest bird to tangle with.  They can also be pretty teritorial, which sound like what the CSX guy walked into.  Without delving into the legitimacy of the lawsuit, I find it hard to imagine what CSX was supposed to do to prevent wildlife from being wildlife. 

Maybe the answer, is a special hunting season for geese in trainyards?  You could please both goose hunters and railfans.Mischief [:-,]

Thanks to Chris / CopCarSS for my avatar.

  • Member since
    January 2003
  • From: Joliet, IL
  • 1,646 posts
Posted by EJE818 on Saturday, February 23, 2008 8:50 PM
The employee is suing CSX over a goose attack?! Laugh [(-D] That is just too funny! Good luck to him winning that lawsuit!
Robby Gragg - EJ&E fan Railpictures photos: http://www.railpictures.net/showphotos.php?userid=5292 Flickr photos: http://www.flickr.com/photos/24084206@N08/ Youtube videos: http://www.youtube.com/profile?user=EJE665 R-V videos: http://www.rail-videos.net/showvideos.php?userid=5292
  • Member since
    May 2003
  • From: US
  • 25,289 posts
Posted by BaltACD on Sunday, February 24, 2008 1:20 PM

"As plaintiff performed the required inspection, a goose which was previously known by defendant to have nested in its yard area, suddenly jumped out from under one of the railcars, striking plaintiff, and causing him to fall," the complaint states.

If the employee knew of the existance of the goose, normal prudence would dictate that he take the appropriate defensive measures, which on the surface of the article it appears was not done.  Knowing human nature, I would fully expect that the individual might even have tried to antagonize the goose thereby inviting the attack.  Case dismissed.

Never too old to have a happy childhood!

              

  • Member since
    March 2007
  • From: Rhododendron, OR
  • 1,516 posts
Posted by challenger3980 on Sunday, February 24, 2008 3:04 PM
 BaltACD wrote:

"As plaintiff performed the required inspection, a goose which was previously known by defendant to have nested in its yard area, suddenly jumped out from under one of the railcars, striking plaintiff, and causing him to fall," the complaint states.

If the employee knew of the existance of the goose, normal prudence would dictate that he take the appropriate defensive measures, which on the surface of the article it appears was not done.  Knowing human nature, I would fully expect that the individual might even have tried to antagonize the goose thereby inviting the attack.  Case dismissed.

  I did not read anything that suggested that the employee "ANTAGONIZED" the goose, as far as I can tell, that is just supposition on your part, which would carry exactly ZERO weight in a courtroom.

 Anyone that is laughing about this has never been attacked by one of these nasty buggers which are nothing more than a CUTE APPEARING vermin. I have been chased and attacked by geese, and being an animal lover wanted to avoid hurting them, but a goose can inflict very painful bites. The employee was injured in a fall, that in my own supposition (I WASN"T THERE EITHER) happened while trying to avoid the XXXX vermin. The damages sought only amounted to $75,000 according to the article, that was for medical, time lost and legal costs, which all can add up very quickly, plus loss of enjoyment of life, which knowing how fast the first three can add up was likely a VERY SMALL portion of the total. This person was not trying to score a lottery win doing something that he should not have been such as a trespasser on the ROW being injured when they have no business being there and then going for the million dollar settlement. This appears to be someone hurt on the job (as humorous as the circumstances may seem to some) and doesn't want to lose their home over it.

                           Doug

May your flanges always stay BETWEEN the rails

  • Member since
    October 2007
  • From: SW Chicago Suburbs
  • 788 posts
Posted by Mr_Ash on Sunday, February 24, 2008 3:09 PM

All I gotta say is

Boot >> Goose

  • Member since
    September 2002
  • From: Back home on the Chi to KC racetrack
  • 2,011 posts
Posted by edbenton on Sunday, February 24, 2008 7:18 PM
Trouble is you kick a Canadian Goose all you do is make it MADDER than a hornet you caught in its nest as you are shaking it.  They are also VERY TERRITORAL WHEN NESTING.  When working at GE we had a pair attack our CEO of GECFS and he ordered them killed until the local PETA chapter heard about it next thing we heard was do not go anywhere near the ponds trouble was the ponds were next to the parking lots.  We had 15 people injured that spring and summer til a Judge ordered PETA to allow us to kill all the geese.  The 15 injured broke down like this 4 broken arms and 4 broken legs 2 dislocated knees and 5 severe lacerations and scrapes from bites and falls.
Always at war with those that think OTR trucking is EASY.
  • Member since
    February 2005
  • From: Southwest US
  • 12,914 posts
Posted by tomikawaTT on Sunday, February 24, 2008 8:42 PM

Maybe the solution would be for the judge to order PETA to settle the goose's problem to everybody's satisfaction.  Or for everyone who was injured to individually sue PETA as an organization and the individual nitwits and lawyers who either threatened action or entered into legal action resulting in injunction leading to injury.

I'll pay attention to PETA when I hear that all the bears, sharks, tigers and T-d off geese have joined ATEP (Animals for the Ethical Treatment of People.)

And then there was the case, several years ago, where the local ASPCA chapter took a citizen to court for killing a rat...  (The state, New Jersey, had rats defined as, "Noxious pests...")

Never underestimate the power of human stupidity.

Chuck

  • Member since
    October 2004
  • From: at the home of the MRL
  • 690 posts
Posted by JSGreen on Monday, February 25, 2008 7:25 AM

'round these here parts, the most popular PETA bumper sticker is

I support PETA - People Eating Tasty Animals.

(Another favorite is:  Vegitarian...old indian word for "Bad Hunter" 

...I may have a one track mind, but at least it's not Narrow (gauge) Wink.....
  • Member since
    May 2005
  • From: Eau Claire, WI
  • 1,882 posts
Posted by Lord Atmo on Monday, February 25, 2008 10:56 AM
 JSGreen wrote:

'round these here parts, the most popular PETA bumper sticker is

I support PETA - People Eating Tasty Animals.

(Another favorite is:  Vegitarian...old indian word for "Bad Hunter" 

Laugh [(-D] hah thanks for that laugh. that was great!

Your friendly neighborhood CNW fan.

  • Member since
    August 2007
  • From: Canada
  • 106 posts
Posted by Nagrom1 on Monday, February 25, 2008 11:16 AM
 Oh my my my...    On a serious note, I see logic in the sense that CSX should have known about and dealt with the problem. That being said, you can't blame the guy entirely for his attack. It sounds like it more or less ambushed him. Being angry I can see (although I'd more likely laugh about it non stop) but suing over a goose attack? Come on. Some things were meant to be unavoidable, and to provide quality entertainment to internet dwellers. Sum this up as one of them,a ccept your interesting, unintended moment of fame, and laugh a little.
  • Member since
    January 2002
  • From: Canterlot
  • 9,575 posts
Posted by zugmann on Monday, February 25, 2008 12:47 PM
You guys are failing to grasp how the railroad works.  Read the other posts prior - it has been explained.  There is no workman's comp.  Your only option is to sue. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 2:16 PM
What if the goose chased him in this instance, and he blew his knee out while running in the ballast?
Or if he tripped and received a skull fracture from his head striking the rail?

I guess it would be still funny eh?

So tell me, who pays for your doctor bills, and treatments while you are injured at work?
Your company does right?

Not mine, or anyother railroad. I incur all costs.

So this guy was doing his job, and was injured to where he needed medical treatment, and loss of income.
He should just suck it up, and take the loss?

I bet CSX pays him, before it gets to involved in a trial.

  • Member since
    January 2002
  • 319 posts
Posted by sanvtoman on Monday, February 25, 2008 2:27 PM
CSX will be laying for the guy also. I.E. looking for a reason to can him. 
  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 2:39 PM
Would they really?

After an injured employee received a settlement. I would think that they would leave him alone.

If he got the crew fired, by getting by a signal. And everyone else in the crew got their job back, after the 6 months off but him. Whammo another lawsuit.

I know the goose story sounds funny, it does

But the article does not go into detail on what injuries he sustained.
  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 2:54 PM
Riddle me this.

If in this instance, it was not a Goose, but a stray dog, perhaps a pack of pitbulls?

Still funny? Still has no grounds for a lawsuit?
  • Member since
    December 2001
  • 1,486 posts
Posted by Victrola1 on Monday, February 25, 2008 3:14 PM

If train crews were granted the right to carry, would this injury have been avoidable?

I remember riding a CB&Q branch line mixed back when the earth and I were young. The crew let us tour the cab of their locomotive. Personal equipment therein included a model 1911 Colt .45 cal. pistol, a 20 gauge shotgun and a wrist rocket sling shot.

It was hunting season. The 10 MPH speed limit meant there was no problem retrieving any pheasants, or rabbits, punished for treaspassing on the less than manicured right of way. Rather than make a mess of their work place, all prey was taken home to be cleaned.

No goose would dare have tangled with these guys.

 

  • Member since
    December 2005
  • From: MP 175.1 CN Neenah Sub
  • 4,917 posts
Posted by CNW 6000 on Monday, February 25, 2008 4:10 PM

Maybe CSX can borrow one of UPs Rotaries...Evil [}:)]

 

Hurt on the job and no Workers Comp.  Pay the man, get rid of the geese, and move on.

Dan

  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Monday, February 25, 2008 5:34 PM

 hrbdizzle wrote:
Riddle me this.

If in this instance, it was not a Goose, but a stray dog, perhaps a pack of pitbulls?

Still funny? Still has no grounds for a lawsuit?

Funny, no, but as far as I am concered still no grounds for a lawsuit.

An "expensive model collector"

  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 5:50 PM
 n012944 wrote:

 hrbdizzle wrote:
Riddle me this.

If in this instance, it was not a Goose, but a stray dog, perhaps a pack of pitbulls?

Still funny? Still has no grounds for a lawsuit?

Funny, no, but as far as I am concered still no grounds for a lawsuit.



So what your saying is that, because I am performing my job on duty, switching out boxcars, performing air tests, and I am attacked and injured at work. I am supposed to pay for all of my medical expenses myself, and forget about my loss of wages while recovering from my injuries?
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Monday, February 25, 2008 6:01 PM
 hrbdizzle wrote:
 n012944 wrote:

 hrbdizzle wrote:
Riddle me this.

If in this instance, it was not a Goose, but a stray dog, perhaps a pack of pitbulls?

Still funny? Still has no grounds for a lawsuit?

Funny, no, but as far as I am concered still no grounds for a lawsuit.



So what your saying is that, because I am performing my job on duty, switching out boxcars, performing air tests, and I am attacked and injured at work. I am supposed to pay for all of my medical expenses myself, and forget about my loss of wages while recovering from my injuries?

I've been down this road and was told that negligence has to be proven on the company's part, without it you get a goose egg.

  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Monday, February 25, 2008 6:06 PM

 hrbdizzle wrote:
Would they really?

After an injured employee received a settlement. I would think that they would leave him alone.

If he got the crew fired, by getting by a signal. And everyone else in the crew got their job back, after the 6 months off but him. Whammo another lawsuit.

I know the goose story sounds funny, it does

But the article does not go into detail on what injuries he sustained.

I'm curious as to how one would file a lawsuit because everyone else got back except them. Just asking because in my experience what's good for the goose.... naaahh too corny.

  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 6:09 PM
All that has to be proven with negligence, is that the company knew of the goose already, and done nothing about it. A couple of other fellow brakeman, switchman, and their testimonies about the geese, and their existence at the rail yard. Is the rail yard, fenced in? are there holes in the fence?

This is the same situation where, here we had a switchman attacked by a couple of bummies. They mugged him, and beat him so bad that he could no longer work at UP.
  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Monday, February 25, 2008 6:13 PM
 hrbdizzle wrote:
 n012944 wrote:

 hrbdizzle wrote:
Riddle me this.

If in this instance, it was not a Goose, but a stray dog, perhaps a pack of pitbulls?

Still funny? Still has no grounds for a lawsuit?

Funny, no, but as far as I am concered still no grounds for a lawsuit.



So what your saying is that, because I am performing my job on duty, switching out boxcars, performing air tests, and I am attacked and injured at work. I am supposed to pay for all of my medical expenses myself, and forget about my loss of wages while recovering from my injuries?

Unless you can prove negligence on the companies part, yes.  And to play devils advocate here, prove to me that the goose that attacked the employee was the same one that was reported.  As for paying for all your medical expenses yourself, one would hope that you have medical insurance, limiting your expenses to a copay. 

An "expensive model collector"

  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Monday, February 25, 2008 6:14 PM

 hrbdizzle wrote:
All that has to be proven with negligence, is that the company knew of the goose already, and done nothing about it. A couple of other fellow brakeman, switchman, and their testimonies about the geese, and their existence at the rail yard. Is the rail yard, fenced in? are there holes in the fence?

This is the same situation where, here we had a switchman attacked by a couple of bummies. They mugged him, and beat him so bad that he could no longer work at UP.

 

Being attacked by bums IMHO is far different than being attacked by a WILD animal.

An "expensive model collector"

  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 6:15 PM
It would not be that difficult for a railroad lawyer, to bring up the facts that the employee was recently prior to being disciplined that he/she was involved in a litigation having been injured at work, and received a settlement for sustained injuries, and loss of wages.

And that prior to being injured the employee was a decent employee.
  • Member since
    March 2007
  • 53 posts
Posted by hrbdizzle on Monday, February 25, 2008 6:21 PM
True that this case, needs more information as to what injuries he received. But like I said, If im performing an air test, and I am being chased by a goose, dog, whatever. Im not going to sit and take it, im going to remove my self from the situation. And while running away, I blow out my ACL, on my knee. Sure my healthcare is going to pay for it 100%, but the 2-3 months I am recovering, I fall behind on my mortage, my vehicle gets repossesed.

When this happens to police officers, firefighters, they are covered under Workmans Comp, and would not have to worry about loss wages.
  • Member since
    August 2004
  • From: The 17th hole at TPC
  • 2,283 posts
Posted by n012944 on Monday, February 25, 2008 6:29 PM

 challenger3980 wrote:
. The damages sought only amounted to $75,000 according to the article, that was for medical, time lost and legal costs, which all can add up very quickly, plus loss of enjoyment of life, which knowing how fast the first three can add up was likely a VERY SMALL portion of the total.

From the article:

"Richards seeks damages in excess of $75,000 as well as costs and other relief."

An "expensive model collector"

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy