wut? The train was being operated in an unsafe manner? Did it jump off the track and go after those kids? Did the engineer not stop the train when he saw them go around the gates? Sounds like a father who can't admit that his kid was that stupid so it HAS to be someone else's fault!
Father Files Lawsuit Over Son's 2009 Death
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Toledo Blade: Father Files Lawsuit Over Son's 2009 Death
Grief can make you a little crazy.
According to the article, the damages sought are around $25,000. That's a pretty low amount for one of these "wrongful death" suits. Maybe dad needs some cash to pay his son's old medical/funeral expenses? Got an attorney on contingency who could squeeze a small settlement out of Amtrak?
I have no idea how they'll get some money (given that it's the kids fault for running in front of an oncoming train), other than Amtrak doesn't like to talk about its accidents/derailments on the news and they'll pay to make this disappear.
posted by oldhometown on Dec 16, 2011 at 09:39:29 am #
I would bet that up to this point Amtrak has been uncooperative in sharing any information they have on the incident with anyone; hence the John Doe designation. This negligence suit filing will give the father the opportunity to learn a bit more about the details of the incident (For example, was the engineer watching? Was procedure for a person on the track followed? Has this engineer had other incidents?) through subpoenas. It also lets Amtrak know an approximate amount he would be looking for if they just want this suit to be dropped and avoid an airing of all the details.
posted by brainswell on Dec 16, 2011 at 10:08:53 am #
$25,000 is the minimum amount necessary to plead in order to give the common pleas court jurisdiction to hear the case.
It's of course, sad when a young kid loses their life.
That said, I think it's pathetic to basically try to extort money out of Amtrac. The kid made a stupid decision.
You can't steer a train. The only way the engineer could possibly be considered negligent would be if he was grossly exceeding the speed limit on that section of track, or failed to sound his horn. IIRC, the original stories ruled those out.
The other thing that I find disgusting is that engineer this lawsuit tries to vilify likely suffered mental anguish of his own.
How would the father like it if the engineer sued him for not instructing his child correctly and causing that anguish?
Who knows, maybe the father got talked into this by some piece of crap ambulance chaser.
They wil probably just write them a check and settle since the amount is so low. Costlier to defend the case. I personally have a problem with these type of lawsuits. I can make a case and feel sorry for the engineer who was helpless and witnessed the ACCIDENT up close and personal, that in itself is traumatic.
Has this dad thought of the anguish he is going to cause the other teen who survived? She will have to testify. One of the reasons there was a plea bArgain in the Sylvania bus case (was it last year?) was the parents of the victim decided not to make/didn't want to make the other kids who SAW the accident testify.
Who knows, maybe the father got talked into this by some piece of crap ambulance chaser.
Probably the same one who talked the family in Oregon into suing after their son tripped and fell under the wheel of the school bus.
Both accidents were horrible and tragic, and I feel terrible for the families. However, sometimes an accident is just an accident, and a lawsuit just doesn't make sense.
Speaking of that accident, does anyone know what ever happened with that lawsuit? Was it settled?
To refresh your memory:
http://abclocal.go.com/wtvd/story?section=news/local&id=6649566
Never mind...answered my own question:
7/14/2009 1 Title : PRO:DISMISSAL ENTRY SIGNED
CASE IS SETTLED AND DISMISSED WITH PREJUDICE. WITHOUT FINAL
RECORD, AT DEFTS. COSTS. SEE DISMISSAL ENTRY.
PARTY : -
PIRA, yes, the survivor did admit BOTH of them were trying to beat the train to avoid being late for school. I hope the engineer does not lose his job because of someone else's foolish decision.
posted by MrsPhoenix on Dec 16, 2011 at 07:59:38 pm #
My Grandfather worked for CSX. While running the trains he killed a few people: he never got over their deaths. Two of the deaths were suicide, one was stupidity.
He always would talk about how helpless he was as an engineer to stop it. How he knew what was coming for those people but could do nothing. The one story I remember the most from my childhood was a guy on a motorcycle who drove right up next to the tracks. He smoked some and then put his head under the wheels of the train.
Trains take miles to stop, and cant be steered.
posted by OhioKimono on Dec 17, 2011 at 11:53:52 am #
OHK, we lived a block from the end of Dearborn where it used to run across the big CSX tracks but is now blocked off. Had quite a few suicides on those tracks just off that intersection over 34 years, exactly the way you describe it. Quick and clean, no chance of messing that up by shooting at a bad angle or not taking enuff pills.
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