PHILADELPHIA - A federal jury awarded $24.2 million to two men who were severely burned by electrical wires when they trespassed onto railroad property and climbed atop a rail car.
Jeffrey Klein and Brett Birdwell, who were 17 at the time of the accident, sued Amtrak and Norfolk Southern Corp. after being burned by a 12,500-volt electrical wire in Lancaster in August 2002. In their lawsuit, they argued that the companies should have placed warning signs alerting people to the wires, which power locomotives.
After an 11-day trial before U.S. District Judge Lawrence Stengel, the jury handed up its verdict in the liability phase Tuesday, finding the companies negligent. The jury issued the damage award Thursday.
Klein, who was burned over 75 percent of his body, was awarded more than $11 million in compensatory damages; Birdwell, who was burned over 18 percent of his body, was awarded more than $588,000. The jury also awarded a total of $12.5 million in punitive damages, $8.75 million against Amtrak and $3.75 million against Norfolk Southern.
A defense attorney, Paul F.X. Gallagher, had urged the jury to exonerate the companies, saying that the teens were old enough to recognize the danger of the wires. The companies can appeal the jury verdict and the awards.
An attorney for the plaintiffs said the companies had to bear some responsibility.
"The boys were trespassing, but the law doesn't give blanket immunity to the landowner," attorney Joseph Roda said. "Both Amtrak and Norfolk Southern knew a lethal danger existed but failed to post any warning signs."
Klein and Birdwell, each now 22, lived in Stroudsburg at the time of the accident, but had been visiting Klein's mother in Lancaster. They were skateboarding when they decided they wanted to see the view from the top of the boxcar, according to their lawsuit.
Klein was shocked by the catenary wire, which hung 6 feet above the car, even though he did not touch it; Birdwell was burned while he tried to help his friend.
Klein suffered second- and third-degree burns across much of his body, including his left ear, neck, shoulders, arms, hand, back and groin. He spent several months recovering at Temple University Hospital in Philadelphia and now has limited use of his left hand.
Birdwell, who is now serving with the Army in Afghanistan, spent a year recovering from his burns.
If the jury trial was held in Philadelphia, I'm not surprised at this verdict. Philadelphia is a plantiff lawyer's heaven when it comes to civil cases against big companies. Why else do you think the plantiffs tried the Walmart case in Philly?
Pennsylvania does not require civil cases to be tried in the jurisdiction in which the accident occurred, except for medical malpractices cases, so every plantiff that can possible do so gets their state case tried in Philly. The Federal courts located there are sometimes better but the juries can still reflect the Philly attitude. I would bet that the make-up of this federal jury reflected the make-up of the average state jury in the city and that's why the extreme verdict.
Keep your eye on the case involving the dead smoker that goes before the US Supreme Court in a few days. The ruling in that one will help determine whether or not this way overblown award will stand.
This is a theory:
Prosecutors in Philadelphia must be so busy with drugs and thefts that there is no time to take on trespassers, even though the evidence is solid.
Andrew
Watch my videos on-line at https://www.youtube.com/user/AndrewNeilFalconer
alphas wrote:If the jury trial was held in Philadelphia, I'm not surprised at this verdict. Philadelphia is a plantiff lawyer's heaven when it comes to civil cases against big companies. Why else do you think the plantiffs tried the Walmart case in Philly? Pennsylvania does not require civil cases to be tried in the jurisdiction in which the accident occurred, except for medical malpractices cases, so every plantiff that can possible do so gets their state case tried in Philly. The Federal courts located there are sometimes better but the juries can still reflect the Philly attitude. I would bet that the make-up of this federal jury reflected the make-up of the average state jury in the city and that's why the extreme verdict. Keep your eye on the case involving the dead smoker that goes before the US Supreme Court in a few days. The ruling in that one will help determine whether or not this way overblown award will stand.
BNSFrailfan wrote:SOME D@MN BNSF MofW GUY ASKED ME. YOUR NOT A TERROST ARE YOU YESTERDAY. I SOULD HAVE SAID.....NO YOU F*CKN JEW. DO I LOOK LIKE A TERRORST. PEOPLE LIKE THAT REALY **** ME OFF. AND I WAS MORE THAN 2,000FT FROM THE TRACKS. SORRY FOR THE RANT.
Yeah, next time you might want to go pound sand instead of writing that on the forum. Rant or not.
Sorry buddy, but you don't need to talk like this to ANYONE. I've read other posts from you and to me you sound like some snot-nosed 15- year old kid. Please, get a grip on life.
CANADIANPACIFIC2816
BNSFrailfan wrote:Ya you just wait till it happends to you BUD.
Your snotty e-mail only re-inforces what I think of you, Allen.
My parents taught me that coarse vulgar language was a sign of a limited vocabulary; but what did they know, they had only a grade school education, the pre-1905 rural variety.
Art
artschlosser wrote: My parents taught me that coarse vulgar language was a sign of a limited vocabulary; but what did they know, they had only a grade school education, the pre-1905 rural variety. Art
My parents would have never tolerated foul language from me, and I would agree that it is a sign of limited vocabulary and intelligence when other people constantly use it. While I am not above using a couple four letter words now and then, I don't care to associate with people who constantly use the F word without even thinking about it.
I don't look like a terrorist (do you?).
I have no concerns that it would happen to me, and if it did I would really enjoy making the person who made that kind of an accusation look like a fool. I am confident enough that I could do this without having to get on a public family forum and type a bunch of worthless ranting like you just did.
So, better than the average High School Grad these days. Welcome to the generation of I want it yesterday and oh, yeah it needs to be free and right to my specifications. No respect for anything, even themselves...
And people wonder why I am just a cranky 'ol railroader...LOL....
LC
Even though I am not of the Jewish faith I find your stupidity highly offensive and inappropriate for this forum or anywhere. You have been reported to the Moderator. If this happens again I will demand your removal from this site, permanently.
csxns wrote:How so special are you Limitedclear to demand that someone be removed from this site permanently.
Not so special. I just know what is proper and what is not. I don't often ask that anyone be removed from this site, but when I do, it is becasue there is ample cause. I haven't asked it, yet. If this conduct continues, I will.
If you have a problem with my not wishing to associate with those using racial or religious slurs, nor tolerate such behavior, I would submit that you have a problem.
How about if I second his request? I'm sure the call for a vote will garner a large number of hands in the air.
One of our primary jobs as railfans is to put forth a positive image of a hobby that is misunderstood by many, and reviled by some. A tirade like that sets our cause back years, and certainly cemented any bad feelings toward railfans in general and teens in particular that the railroad employee may have had.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
tree68 wrote: csxns wrote:How so special are you Limitedclear to demand that someone be removed from this site permanently. How about if I second his request? I'm sure the call for a vote will garner a large number of hands in the air. One of our primary jobs as railfans is to put forth a positive image of a hobby that is misunderstood by many, and reviled by some. A tirade like that sets our cause back years, and certainly cemented any bad feelings toward railfans in general and teens in particular that the railroad employee may have had.
RJ
"Something hidden, Go and find it. Go and look behind the ranges, Something lost behind the ranges. Lost and waiting for you. Go." The Explorers - Rudyard Kipling
http://sweetwater-photography.com/
I agree with you Larry, but I don't think BNSF railfan is a teenager. If I recall, (chonologically) he's a little older than that. There's no doubt in my mind, that most of the teenagers on here act a whole lot more mature than he does.
Thanks to Chris / CopCarSS for my avatar.
Datafever wrote:The problem with a "ban" is that is really accomplishes nothing. He justs creates a new nick, and perhaps behaves himself a little better (or maybe not).Rather than a banning, you might want to try "shunning" (where nobody responds to any of his posts). Shunning is usually very effective in tightly knit social settings.
Well said, sir.
ps: Tell me, what does a "Terrorist" look like?
BNSFrailfan wrote:.....NO YOU F*CKN JEW.
Allen, your Trains.com account is locked for one week. There's no tolerance for actions like yours. Using symbols to get around our cuss word filter doesn't change the fact that you're still using a swear word. Get it through your head, this isn't a tavern.
And as for the racial slur, I can only hope you find a way to become more tolerant towards others. You might not think your actions will affect you in the future, but keep in mind that your full name is on this Web site, as well as where you live. If anyone wants to do a background check on the you in the future, that could easily find this insensitive post. You think an employer wants to hire someone who walks around spewing racial slurs?
Take this time to think about what you've done, and try to learn a lesson from it. The ice on which you stand in this forum has a huge crack in it.
Bergie
I would say the ice on which he stands has been cracking up for a long time.
Allan, it's fools like you that give railfans a bad name. Do us all a big favor and find another hobby.
Dan
23 17 46 11
edblysard wrote:You havent met my next door neighbor...butter knives present a very real danger to the guy!
LOL! Sorry for the previous rant. It probably makes me sound older than 27 but lots of people's attitudes are pretty disgusting to this Eagle Scout.
Nothing wrong with being a Eagle Scout...lots of leaders out there who were ones.
And yeah, the attitude that the rest of the world has to look out for one instead of the concept of looking out for oneself is pretty wasteful and sad.
Bergie wrote: BNSFrailfan wrote:SOME D@MN BNSF MofW GUY ASKED ME. YOUR NOT A TERROST ARE YOU YESTERDAY. I SOULD HAVE SAID.....NO YOU F*CKN JEW. DO I LOOK LIKE A TERRORST. PEOPLE LIKE THAT REALY **** ME OFF. AND I WAS MORE THAN 2,000FT FROM THE TRACKS. SORRY FOR THE RANT. Allen, your Trains.com account is locked for one week. There's no tolerance for actions like yours. Using symbols to get around our cuss word filter doesn't change the fact that you're still using a swear word. Get it through your head, this isn't a tavern. And as for the racial slur, I can only hope you find a way to become more tolerant towards others. You might not think your actions will affect you in the future, but keep in mind that your full name is on this Web site, as well as where you live. If anyone wants to do a background check on the you in the future, that could easily find this insensitive post. You think an employer wants to hire someone who walks around spewing racial slurs? Take this time to think about what you've done, and try to learn a lesson from it. The ice on which you stand in this forum has a huge crack in it. Bergie
Thanks Bergie, I read his post and was about to get Medievel on his A$$
...but read till the end. I agree theres no place for such comments...it shows either bad parenting, bad education, an incredable lack of judgement....
...or his true inner Mel Gibson!
Have fun with your trains
Our community is FREE to join. To participate you must either login or register for an account.