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I agree. CSX should countersue for all of its legal expenses. If more companies would do that in these kinds of cases, maybe those ambulance chasing lawyers and their get-rich-quick clients might think twice about filing such a suit in the first place. Too many times the case is settled when the defendant could have/should have won the it on it's merits. Just keeps the door open for more of the same. No matter who it is settling and writing the check, we all pay the price in the end in higher costs, insurance premiums, etc., etc..
I can't believe all the morons wearing headphones or ear buds. When you look at all the people killed by wolves and bears in Alaska over the past few decades one common factor sticks out...wearing headphones or ear buds.
I feel sorry for what happened to him, but he was doing a dangerous thing, using his earbuds/headphones while walking train tracks - who does that in their right mind? He must have been zoning out on the music. The train company had put signs up, I read that they said there weren't enough signs, would every two feet with a warning sign help? I don't think so. It's like people that climb over protective areas while hiking on mountains to get a good view, no amount of signs will stop them from making a bad decision. It's good judgement and common sense that is lacking here and it's not the train company's fault.
The article says he played the stand up base in the band. Do they make a sit down base cause this kid needs one now.
This kind of stuff happens too often and it usually involves someone trying to beat the train.
Walking on active tracks is trespassing and just plain stupid. CSX will probably pay out but I would want more than $100,000 if I was going to give up a leg.
Who knows why the crew didn't blow the horn? it sounds like they did not see him until it was too late.
Well he was wearing earbuds. It could be that they did in fact blew their horn but he didn't hear.
it was CSX's choice to use round rotating steel wheels that have time and again shown to be inherently dangerous, I say; bleed 'em dry.
Do railroads use other types of wheels? Even so the kid was beyond stupid for having earbuds on while walking down a live track which is illegal. Also you have to prove that had the train had alternative wheels, this wouldn't have happened.
*Teenager trespasses onto posted railroad property... an illegal act.
*Teenager walks along live tracks... a stupid thing to do.
*Teenager puts ear buds in ears to obscure any warning sounds... an incredibly stupid thing to do.
*Teenager then blames railroad for not seeing, warning, braking, stopping in time (which due to the laws of physics wasn't possible).
*Teenager sues railroad for his pain and suffering, despite the fact that he was the one who put himself in danger by his own stupidity.
Well, of course CSX is going to be sued, because in this 'take no personal responsibility' world we have now, that's just what you do. I'm sorry the kid was so badly injured, and his life has changed so drastically. But put the responsibility where it belongs.
The other reason CSX is being sued, is 'that's where the money is'. Can't have the family absorbing the cost of Juniors screw-up, now can we.
This pretty much sums it up. Don't forget:
*Teenager foolishly thinks that nothing bad is going to happen to him and that he may live forever.
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