Woman looking to cash in on son's death (Penn Hills, Churchill: lawyers, living)

[Quiet-T]

Isn't the area where this occurred right by the Edgewood Library at the end of Penwood?
The first time that I saw that area of tracks I was shocked that there is no fencing or barrier of any kind and as far as I know there still isn't
The tracks are almost level with the street at that area.
I can just imagine a small child coming out from the library and seeing a train going by right in front of them and excitedly running towards it only to wind-up on the tracks in the blink of an eye...
There really should be a fence there.

[gg]

Originally Posted by Quiet-T

Isn't the area where this occurred right by the Edgewood Library at the end of Penwood?
The first time that I saw that area of tracks I was shocked that there is no fencing or barrier of any kind and as far as I know there still isn't
The tracks are almost level with the street at that area.
I can just imagine a small child coming out from the library and seeing a train going by right in front of them and excitedly running towards it only to wind-up on the tracks in the blink of an eye...
There really should be a fence there.

You can't fence off the world. There are tons of dangerous streets and heck even the river is dangerous to those who can't swim. Maybe education is more important.

[Clint.]

Too bad the guy got hit by a train. Not that it's comforting to his mother, but I'm not sure it's really anyone's fault but his. I hope the engineer tried to stop, but how much time was there really? For all we know the guy committed suicide by train.

Maybe pedestrian-automobile fatality settlements are a good reference for the incident. I don't know how settlements usually go in those cases, but I don't see why this would be significantly different; pedestrians and vehicles have responsibilities so should pedestrians and trains. If jaywalking isn't mitigating, then I would guess trespassing isn't either. But maybe it is? I wonder if Norfolk Southern will try to settle. It should probably be decided just like an automobile collision with a pedestrian case...in normal traffic conditions, not some crazy driver going through a store front or something. I doubt they are typically close to anything like million dollar settlements.

I've been near trains that sound their horn and they're so powerful I want to jump out of my skin...the train itself shakes the ground. Listening to music through headphones is rarely a good idea anytime, and certainly not while out in public.

I don't mean to make light of that guy's untimely demise, but:


Family guy train! - YouTube

[gg]

Originally Posted by Clint.

Too bad the guy got hit by a train. Not that it's comforting to his mother, but I'm not sure it's really anyone's fault but his. I hope the engineer tried to stop, but how much time was there really? For all we know the guy committed suicide by train.

Sometimes I do wonder about the suicide possibility. Don't think you can stop a train in time regardless if he tried or not. I mean should the engineer try to stop the train anytime he sees anyone near the tracks? I don't think they would get very far. There is always some person around tracks.

[Pghuser]

Originally Posted by CSD610

Technically he was trespassing on railroad property and should not have been there no matter how many people use that area as a "shortcut and jogging trail". Besides that he should be held accountable for his his actions to be jogging on or near train tracks with the music so loud that he could not hear one of the loudest horns on the planet. It ultimately is his responsibility to stay off of railroad property and to keep the music to a minimum so he can be aware of his surroundings and ensure his own safety when jogging.

Could it depend on if the area was signed or not?

[Hopes]

This is a perfect example of "common sense ain't all that common."

[ebyrnes]

I do blame people for trying to game the system; it is anti-social behaviour, and should be strongly discouraged and *never* rewarded. If she has a legitimate claim - hard to imagine, since her son was trespassing - then I am all for letting the courts decide. But for someone to waste court time and resources with something frivilous, that's a damn shame. Heavenwood, I sincerely hope that you won't be that kind of attorney; I know that we all have to make a living, but you sound smart enough to take the high road when possible.

e

Originally Posted by HeavenWood

Depending on how the jury selection works out, I wouldn't be surprised if that woman gets a gigantic settlement.

Whether she should is another story entirely. Can't blame people for trying to game the system though.

[AnneWest]

I absolutely cannot believe the guy wasn't aware of the train. I grew up in Carnegie, where there were (and still are) tracks running right thru the middle of town. There were also sidetracks that led into the various mills that used to be there. You could feel the trains coming, even the slow ones made the ground vibrate, and the whistles practically deafened you.

[ElijahAstin]

Originally Posted by ebyrnes

I do blame people for trying to game the system; it is anti-social behaviour, and should be strongly discouraged and *never* rewarded. If she has a legitimate claim - hard to imagine, since her son was trespassing - then I am all for letting the courts decide. But for someone to waste court time and resources with something frivilous, that's a damn shame. Heavenwood, I sincerely hope that you won't be that kind of attorney; I know that we all have to make a living, but you sound smart enough to take the high road when possible.

Rape and murder are anti-social behaviors. Knowingly filing a frivolous lawsuit is sleazy, perhaps, but calling it anti-social is beyond hyperbolic. I don't know the exact law in Pennsylvania, but trespassing does not necessarily prevent standing in wrongful death cases. I'm guessing (or at least hoping) the woman's counsel is competent enough to not take on a case that will go straight to summary judgment.

And what do you mean by "that kind of attorney." If you're referring to someone who takes on a case, knowing that the claim is total BS, then no, I can't imagine I would ever do such a thing. But questions of fact can often be quite muddled, and sometimes, the fairest thing to do is subject such issues to jury scrutiny.

[railroader87]

I bet they do not pay out a penny, I work for a major R/R, and unfortunately they have some of the best attorneys because they get sued every day... But it will be interesting to see in court when they show the results of both the black box and the video camera mounted on the front of the engine. The railroads finally got smart a few years back after several suits like this and installed several video cameras on the cab of every locomotive. And as far as the fence goes it would bankrupt the railroad, and drive shipping prices even higher Norfolk Southern alone owns 21000 miles of track in the united states to fence both sides would be 42000 miles of fencing....