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!