Eastern Railroad Discussion > Jury Sides with CSX

http://0.gravatar.com/avatar/3e5706924b99c2e99ef1f023069802e9?s=50&d=identicon&r=GJury Sides With CSX in Civil Case
by csanders429


 A Pennsylvania jury found CSX to be no negligent during a jury trial in a federal district court for injuries suffered by a pedestrian struck by a train in January 2013.


https://akronrrclub.files.wordpress.com/2016/01/csx-logo-1.jpg?w=560The case, which was heard in Johnstown, Pennsylvania, involved a lawsuit filed by Jonathan Lopex, 34, who suffered the loss of a leg below the knee and brain damage.

He had sought more than $2 million in damages in the civil action.

Attorneys for Lopez said the crew of the train failed to exercise reasonable care by allowing the train to travel in excess of the speed limit and failing to stop the train to avoid striking Lopez.

CSX countered that Lopez was primarily responsible for the accident because he was walking with his head down and listening to music

The railroad’s attorneys contended that had Lopez listened for the locomotive bell, horn and ambient noise he would have hear the train coming.
The accident occurred at a public grade crossing with warning lights.

  Evidence introduced at trial indicated the train was traveling between 11 and 14 mph on a segment of track where the top speed is 11 mph.
 

pt199 Wrote:
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>  A Pennsylvania jury found CSX to be no negligent
> during a jury trial in a federal district court
> for injuries suffered by a pedestrian struck by a
> train in January 2013.

Good.
...but the article misspelled trespasser.

Seems to me that guy had brain damage before the train hit him.

In Pennsylvania, civil damages aren't usually available if your actions were 51% or more responsible for your injuries.

Walking with your head down, ignoring crossing warning signals, and failing to heed the locomotive horn met these criteria.

It must be tough on the crew. This collision happened in 2013.

https://www.altoonamirror.com/news/local-news/2021/09/jury-finds-csx-not-at-fault-for-injury/

Lawsuits, I remember a case where the RR attorneys questioned me regarding a trailer inspection I had done. Seems the consignee claimed that there was corrosion on their aluminum and was faulting the railroad for the damage. Seems that after I mentioned that the aluminum came from oversees (across the Atlantic) and was probably subject to the affects of salt water air I never heard from them again.
CR

There is actually someplace where the speed limit is 11mph??

Posted from Android

P Wrote:
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> There is actually someplace where the speed limit
> is 11mph??
>
> Posted from Android

Wouldn't surprise me....on the EB&V subdivision in Kentucky there is the presently not used Stinson Branch which is 12 mph! 

engineerinvirginia Wrote:
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> P Wrote:
> --------------------------------------------------
> -----
> > There is actually someplace where the speed
> limit
> > is 11mph??
> >
> > Posted from Android
>
> Wouldn't surprise me....on the EB&V subdivision in
> Kentucky there is the presently not used Stinson
> Branch which is 12 mph! 

How does that work with the FRA track class standards? Class 1 is only good for 10mph, next class higher is Class 2 which bumps max allowable up to 25mph, so are they maintaing the track to class 2 and only timetabling the max speed for 12mph? 



Edited 1 time(s). Last edit at 09/08/21 08:27 by NWrailfan.

Spped is probably to prevent harmonic rocking on jointed rail of cars with high center of gravity (think grain cars). 

rantoul Wrote:
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> Not a typical crossing.
>
> 317 PA-403 - Google Maps

Quite a typical crossing for PA.

Chessie Wrote:
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> Spped is probably to prevent harmonic rocking on
> jointed rail of cars with high center of gravity
> (think grain cars). 

Probably. When there was jointed rail, the BN speed limit between Skykomish and Scenic was restricted for that reason. If I remember correctly, the harmonic rocking is a problem between 13 and 26 mph.

TAW

NWrailfan Wrote:
-------------------------------------------------------
> engineerinvirginia Wrote:
> --------------------------------------------------
> -----
> > P Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > There is actually someplace where the speed
> > limit
> > > is 11mph??
> > >
> > > Posted from Android
> >
> > Wouldn't surprise me....on the EB&V subdivision
> in
> > Kentucky there is the presently not used
> Stinson
> > Branch which is 12 mph! 
>
> How does that work with the FRA track class
> standards? Class 1 is only good for 10mph, next
> class higher is Class 2 which bumps max allowable
> up to 25mph, so are they maintaing the track to
> class 2 and only timetabling the max speed for
> 12mph? 

A little hokey pokey....you can go in and beef it up to class two but restrict speed to 12 or so, such that maintaining at class 2 doesn't cost much....And a little comparison; on another CSX line that was formerly Class 4 but because of sharp curves, speeds had to be restricted to 20 just to maintain Class 4....a certain roadmaster realized if that section was downgraded to Class 2, the speed limit could be increased to 25! And so it was and remains to this day and the track is maintained to a very good Class 2 with a 25 mph speed limit. The mainatainance standard between 2 and 4 is apparently so vastly different that a lesser standard can tolerate a higher speed simply because the lesser standard accepts a looser gauge holding ability, where the higher standard requires a lower speed because the gauge holding requirement is so strict! 

You've got quite a difference in good ties per length plus inspection intervals.

Out 

> > rantoul Wrote:
> > Not a typical crossing.
> > 317 PA-403 - Google Maps

> DevalDragon Replied:
> Quite a typical crossing for PA.

Pretty handy place for that ambulance-chaser ad!  LOL.

~Joe P.
Hainesville, IL

TheApostleGreen Wrote:
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> > > rantoul Wrote:
> > > Not a typical crossing.
> > > 317 PA-403 - Google Maps
>
> > DevalDragon Replied:
> > Quite a typical crossing for PA.
>
> Pretty handy place for that ambulance-chaser ad! 
> LOL.
>
> ~Joe P.
> Hainesville, IL

If it weren't for advertising revenue from personal injury lawyers and prescription drugs, local TV news in Pennsylvania wouldn't exist.

Art House

If you walk the track you should be responsible for what happens.  Surprised the jury didn't give him the money.  These days its always someone else fault.
 

dstill Wrote:
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> These days its always someone
> else fault.

Clearly not; the jury told him to pound sand.

aehouse Wrote:
---------------
SNIP
>
> If it weren't for advertising revenue from
> personal injury lawyers and prescription drugs,
> local TV news in Pennsylvania wouldn't exist.
>
> Art House

Same is true in Florida.

Folks wonder why insurance is so expensive.

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