Passenger Trains > Follow-Up Question to BNSF Settlement

This discussion yesterday about the woman killed by the Metra train:
http://www.trainorders.com/discussion/read.php?4,1554529

Why doesn't Metra pay the settlement?

Probably because BNSF owns the track were it happened and the service is operated by BNSF employees. Not sure if BNSF is indemnified by Metra, but if they are its possible they chose to settle knowing they would be reimbursed.

Dave

DavidP Wrote:
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"Probably because BNSF owns the track were it happened and the service is operated by BNSF employees. Not sure if BNSF is indemnified by Metra, but if they are its possible they chose to settle knowing they would be reimbursed."

In contracts between a public agency (Metra) and a contractor/service provider (BNSF), it is typically the contractor that is held responsible for any and all injuries to persons or damages to property due to the activities of the contractor that result from the performance of the contract. Being a taxpayer living in the area serving Metra, I would hope that Metra's attorneys are as sharp as the BNSF's when it comes to contracts.

Metra furnished BNSF with cars and locomotives for the BNSF to operate. The crews are BNSF, the tracks are BNSF and BNSF handles the day-to-day maintenance, car cleaning locomotive fueling etc.

And I mentioned the BNSF v. Metra issue in my early posting to that thread from which this question stems.



kevink Wrote:
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> DavidP Wrote:
> --------------------------------------------------
> -----
> "Probably because BNSF owns the track were it
> happened and the service is operated by BNSF
> employees. Not sure if BNSF is indemnified by
> Metra, but if they are its possible they chose to
> settle knowing they would be reimbursed."
>
> In contracts between a public agency (Metra) and a
> contractor/service provider (BNSF), it is
> typically the contractor that is held responsible
> for any and all injuries to persons or damages to
> property due to the activities of the contractor
> that result from the performance of the contract.
> Being a taxpayer living in the area serving Metra,
> I would hope that Metra's attorneys are as sharp
> as the BNSF's when it comes to contracts.
>
> Metra furnished BNSF with cars and locomotives for
> the BNSF to operate. The crews are BNSF, the
> tracks are BNSF and BNSF handles the day-to-day
> maintenance, car cleaning locomotive fueling etc.