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Old 10-18-2012, 02:33 PM
 
Location: Philly
10,227 posts, read 16,840,121 times
Reputation: 2973

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Quote:
The mother of a Homewood man claims in a federal lawsuit filed Wednesday that Amtrak and Norfolk Southern Corp. are responsible for her son’s 2010 death.
Patricia Manfred of Steubenville, Ohio, claims in the lawsuit that Norfolk Southern knew that people use its stretch of track between Swissvale and Edgewood as a shortcut and a jogging trail and hasn’t done enough to fence off or warn people from using it.Her son, Joseph Gray, 19, was fatally struck on Oct. 21, 2010 by an Amtrak train as he was jogging beside the track. An iPod was found near Gray’s body and witnesses to the accident said the train operator blew his horn several times, but Gray didn’t respond.Robert Owsiany, Manfred’s lawyer, said the lawsuit contends the operator of the slow-moving, four-car train didn’t use his emergency brakes or slow down despite seeing Gray was too close to the tracks
Woman sues Amtrak, Norfolk Southern after her son was fatally struck while jogging near tracks | TribLIVE
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Old 10-18-2012, 02:46 PM
 
6,601 posts, read 8,997,756 times
Reputation: 4699
If the train operator didn't attempt to slow down or use the emergency brakes, I think it's a legitimate case.
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Old 10-18-2012, 02:59 PM
 
Location: southwestern PA
22,625 posts, read 47,766,032 times
Reputation: 48378
Quote:
Originally Posted by ferrarisnowday View Post
If the train operator didn't attempt to slow down or use the emergency brakes, I think it's a legitimate case.
The mom's lawyer claims that??? How would he know unless he was there?

Seriously, shouldn't everyone know to NOT WALK ON TRAIN TRACKS?!?!?!?
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Old 10-18-2012, 03:00 PM
gg
 
Location: Pittsburgh
26,137 posts, read 26,018,225 times
Reputation: 17378
Quote:
Originally Posted by ferrarisnowday View Post
If the train operator didn't attempt to slow down or use the emergency brakes, I think it's a legitimate case.
I never think there is some legitimate case if you get hit by a train. How do people get hit? Seriously? I never understood that. I mean the blow their dumb horns nonstop, which they DON'T do in Europe. Are we that dumb we need to have them blow some wildly loud horn? Seems we are considering there are always people being hit. If I was in that courtroom, I would give that mother NOTHING for her son's death. Not one red cent. Sorry, for your loss, but I can't imagine trains doing MORE to protect the idiots that keep daring them or whatever all that is. I am around tracks ALL the time and many times on my bike in Sharpsburg. Um, I look both ways and don't take chances with trains. They are rather large and usually very long and can't stop very well. I hope she gets nothing, but bleeding hearts will give her millions probably. Then the train companies will add more horns and be even louder, so morons will think.... oh that is a train, I shouldn't be on the tracks....duh!!!!
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Old 10-18-2012, 03:00 PM
 
5,894 posts, read 6,891,347 times
Reputation: 4107
Darwin at work
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Old 10-18-2012, 05:05 PM
 
461 posts, read 749,632 times
Reputation: 411
I am sorry for the family's loss, but an adult should be responsible for their behavior. I believe that there is a black box in most trains; hopefully the truth about whether the engineer tried to stop will be told to the court. This type of event has ruined some engineers' career; if the engineer is found to have acted properly, perhaps he should counter sue the estate.
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Old 10-18-2012, 05:11 PM
 
35,094 posts, read 51,313,415 times
Reputation: 62669
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.
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Old 10-18-2012, 05:21 PM
gg
 
Location: Pittsburgh
26,137 posts, read 26,018,225 times
Reputation: 17378
Quote:
Originally Posted by CSD610 View Post
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.
Would be great if reason like yours was in the court system, but who knows what will happen. Don't put me on that jury if you are trying to extract money. I will say, keep of the tracks you idiot. I don't think mom would like that too much. You are correct though. It is private property. It sure is shocking how many idiots get killed around here. Must be too much Appalachia in the blood around here or something to have people getting run over by trains. I mean there are tracks, vibration and those dumb horns. Guess that isn't enough!
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Old 10-18-2012, 06:51 PM
 
Location: North by Northwest
9,368 posts, read 13,034,762 times
Reputation: 6196
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.
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Old 10-18-2012, 06:53 PM
 
Location: Pittsburgh, PA
6,327 posts, read 9,166,204 times
Reputation: 4053
Quote:
Originally Posted by CSD610 View Post
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.
I live in Lawrenceville at the top of the hill and can still hear the horns from the trains by the allegheny river at night with the windows closed. Its sad for someone young to go like this but how cant you hear that or know not to walk on tracks.
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