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Appeal Denied in "Wrongful Death" Lawsuit!

 

http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2012309190046&nclick_check=1

 

" The lawsuit’s specific assertion that the state “did not intend to bestow immunity on for-profit railroads” was ruled to be inconsistent with the history of “both the statute and the development of the nation’s railroads,” the appellate decision read.

“Similarly unfounded is plaintiff’s assertion that defendant railroads are not entitled to immunity because they cannot be considered ‘public utilities’ … because Conrail does not own or operate its rail line for public use.”

Because Martinez was trespassing at the time of the accident — plus “not an employee of the railroads, nor a paying passenger on their train, and not crossing the tracks at an established crossing,” in the language of the decision — his estate may not recover damages for his death from the railroads or their employees. "

 

" Thomas Hart, the attorney representing the railroads and the engineer and conductor, said he was impressed by what he described as a meticulous review of case law and relevant state statutes undertaken by the Appellate Division in the more than six months it took to produce a decision.

“They really got it right,” Hart said. “The judges really did a very thorough analysis of the law, and they really put a lot of time and effort into explaining everything.” "

 

It's unfortunate for the dead person but the precidence has now been set and the state laws upheld.

 

STAY OFF the TRACKS! ANYTIME is TRAINTIME! - Operation Lifesaver!

 

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While I always like to hear of a creative legal argument, the plaintiff was definitely grasping at straws here. I like the wording of the opinion. Great analysis.

 

The "victim" was a trespasser. When you're a trespasser, you're pretty much on the losing end to begin with, especially when arguing with a train. We had one get killed this week by a Metrolink train (likely suicide by train) that tied up the San Bernardino line for hours since it happened on a single-track section. Why people like to walk so close to train tracks escapes me.

Very nice to read this outcome.  I got one for ya Matt, when I was at UP we were coming back into the yard at Waukegan,Il and we were maybe a mile or two out and beginning to slow down when we rounded a curve and there was a man jogging down the tracks...between the rails!...  My engineer needless to say began blowing the horn and grabbed some air and we were both chanting colorful explitives, well we got to within 100-150 feet of this guy and he finally looked back and jumped out of the way like a rabbit.....we never saw him jogging down there anymore.

Another buddy of mine at UP was working the Proviso-Janesville,WI turn.  Well one day on the way up there they were just past Woodstock,Il I believe when they saw a guy run out from the wooded area along the tracks and run onto their track...between the rails, he turned and ran straight at them until he and the head end met.....why?...Who knows...my buddy can still see the guys face and that was about 6 years ago now.

Matt when I was taking Metrodink home to Palmdale from work in a four year period 6 folks decided to end it on the tracks plus one horse which one idiot decide to play chicken with the train, Poor horse died, I felt bad for that horse. One bottom feeding lawyer said it was metro links fault because it did not have a fence to stop people from walking on the track.

The Judge should have had the lawyer tied to the tracks.

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