Eastern Railroad Discussion > Danville officer’s lawsuit against NS considered by Supreme Ct

Unbelievable! "The Kentucky Supreme Court will hear arguments in a Boyle County case next week, concerning a Danville police officer who fell down an embankment while pursuing an unruly suspect..."

http://www.amnews.com/2017/09/15/danville-officers-lawsuit-against-norfolk-southern-considered-by-supreme-court/

Excerpts:

...“Officer Johnson filed suit against Norfolk Southern Railway Company, claiming that the embankment was a dangerous condition on its premises and that Norfolk Southern is liable to her for her fall,” the appeal reads...

and

...“In this suit, Johnson claims never to have seen the hillside, and that the hillside was an unreasonably dangerous condition about which Norfolk Southern should have warned her,” Norfolk Southern’s appeal reads. “To articulate this argument is to refute it. No reasonable fact-finder could conclude that Norfolk Southern had a duty to post “warning: HILL” signs near every natural embankment on every piece of property it owns — let alone a sufficient number of signs along the length of its railroad line so that (Johnson) would have been likely to see one of them while in hot pursuit of the suspect.

“But that is precisely what a jury would have to believe to find Norfolk Southern liable here for its failure to warn about the presence of a drop-off on private land, not open to the public, adjacent to a rail yard.”

And this folks, is a great example of why railroads (and most businesses) are paranoid about anyone entering their property.



Edited 1 time(s). Last edit at 09/16/17 05:44 by PittsburghMike.

PittsburghMike Wrote:
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> And this folks, is a great example of why
> railroads (and most businesses) are paranoid about
> anyone entering their property.

So true.....always have to find blame....unreal

Some states have laws which give a pursuing officer additional latitude. Like running stop lights with their lights and sirens activated. And immunity if an accident occurs.

But, an officer is expected to be familiar with the area she patrols, and any unusual terrain / rivers / risks. Sounds like she may have lost her situational awareness.

I think NS is to "blame" here because it's a multibillion $ company.

Posted from iPhone

A perfect example of why we need torte law reform and why we just can't have nice things anymore in this country.

TG

Posted from Android

Represented by the prestigious law firm of "Dewey, Cheatum, and Howe!.....after "Burnya & Runn" backed out.

What an idiot, she shouldn't be a police officer with stupidity like that. Obviously a danger to herself and others.

Posted from iPhone

NS should not but could loose this lawsuit. Jury today?

Has this case already been tried in at least one lower court? I assume so if it is at the state SC level. Otherwise, I would assume her lawyers were only trying to receive preteail settlement money from some deep pockets looking to cut their costs.

Jay

The cop will win. The police win all the time when it comes to killing unarmed people, justified or not (most are not). This will be a breeze. Because Norfolk Southern did not post any warning signs, the jury will probably side with the police officer.

SantaFeRuss

SantaFeRuss Wrote:
-------------------------------------------------------
> The cop will win. The police win all the time
> when it comes to killing unarmed people, justified
> or not (most are not). This will be a breeze.
> Because Norfolk Southern did not post any warning
> signs, the jury will probably side with the police
> officer.
>
> SantaFeRuss

First, stop drinking the koolaid the news tells you. Second, doesn't matter what she did for a living, this BS suit is just another case of someone not taking responsibility for their own actions and trying to get easy money.

Also, the Kentucky Supreme Court is NOT a Jury. You might get the same stupid verdict, but for a different reason.

she should be banished to some flat area