Mother sues CSX over trestle death of her son

Started by Lunican, June 17, 2008, 09:26:43 AM

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gatorback

#30
June 17, 2008, 10:03:31 PM Last Edit: June 17, 2008, 10:05:54 PM by gatorback
I agree with your thinking for adults given the law imposes a duty on everyone to behave at least as carefully as a reasonable, ordinary, prudent person in a similar situation. This is known as the reasonable person standard. I doubt the court expects a teenage to act to the same as an adult.
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

Driven1

#31
June 17, 2008, 10:09:21 PM
Quote from: gatorback on June 17, 2008, 10:03:31 PM
I agree with your thinking for adults given the law imposes a duty on everyone to behave at least as carefully as a reasonable, ordinary, prudent person in a similar situation. This is known as the reasonable person standard. I doubt the court expects a teenage to act to the same as an adult.
gator - he was 17.  and a star football player.  less than 1 year from being a full-fledged adult.  while his numerical age was 17, he was much, much closer to being an adult than the idea of what a "teenager" conveys.  a 19 year old is also a teenager. 

gatorback

#32
June 17, 2008, 10:13:20 PM
So you're saying the son's lack of common sense caused his death and not because the railroad made a business decision not to make the track safe to the public?  Pools have fences around them for the same reason as do retention ponds.
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

gatorback

#33
June 17, 2008, 10:21:26 PM Last Edit: June 17, 2008, 10:28:16 PM by gatorback
Besides, it doesn't really matter in this case who's at fault.  CSX is going to pay.  They'll settle out of court for a couple hundred grand and while the mom would probably get more, the maggot attorney will convince her to settle so  he/she can get a paycheck. 

Just remember this whenever you drop the personal injury attoney bullcrap argument...as a result of lawsuits filed on behalf of surviving family members, these cases have been instrumental in  forcing railroad companies to replace cross buck railroad signs with lighted and flashing gates at intersections to warn motorists of approaching trains resulting in a significant reduction in deaths across the state from railroad intersection collisions.
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

Driven1

#34
June 17, 2008, 10:25:04 PM
Quote from: gatorback on June 17, 2008, 10:21:26 PM
Besides, it doesn't really matter in this case who's at fault.  CSX is going to pay.  They'll settle out of court for a couple hundred grand and while the mom would probably get more, the maggot attorney will convince her to settle so  he/she can get a paycheck. 

we agree 100% here.

gatorback

#35
June 17, 2008, 10:30:37 PM
Yeah we agree 100%.  So, how much should we award them?  $200,000?  That might be a little high, but then again, the  boy could have gone off and been very productive in society and that makes a difference in the payout.  If he had good grades, and a was surely going to college, it could be more like $500,000.
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

Driven1

#36
June 17, 2008, 10:39:15 PM
i would say 200k - 400k is a good estimate.  probably on the higher end because he was a high-profile and well-liked football player.  your analysis is sad, but true.  we agree there again.  now mom will be able to buy that house in South Hampton.  i just don't get it.  she is grieving and wants money??  money will make it better??

and don't tell me it is about changing the corporate culture of negligence.  even if CSX was negligent (i don't think they were), and she got $5 million from them (she won't), it wouldn't affect them radically. 

gatorback

#37
June 17, 2008, 10:45:15 PM Last Edit: June 17, 2008, 10:56:45 PM by gatorback
Some maggot attorney called her up and fed here a line about whatever...probably was at the hospital before she was.  But, yes she'll feel better about herself to get that money, and of course, the attorney will feel really really really good about getting his part, and the railroad will feel good about settling this before the next board meeting and getting it out of the public eye.   

'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

gatorback

#38
June 17, 2008, 11:18:10 PM Last Edit: June 17, 2008, 11:35:38 PM by gatorback
You're right stephen.  How dare anybody put a dollar amount on the life of kid. 

I'm not questioning the mother's grief and anger and I'm deeply sad for her loss, but you don't know what you're talking about.  I have a problem with the railroad not making the tracks safe if you bothered to read anything above. 
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

thelakelander

#39
June 17, 2008, 11:20:07 PM Last Edit: June 17, 2008, 11:25:50 PM by thelakelander
Nobody it making fun of the young man that died.  However, the information supplied so far suggests that the young man made a mistake that ultimately cost him his life.  On another angle, perhaps the Conducter should file a lawsuit for the grief he/she is going through.

QuoteSo you're saying the son's lack of common sense caused his death and not because the railroad made a business decision not to make the track safe to the public?  Pools have fences around them for the same reason as do retention ponds.

Pools don't have multiple trains running on them during a 24 hour period.  How can fencing off the bridge keep people off CSX's ROW?  Since trains use the tracks, the ROW could be accessed at any at-grade crossing point.  By the way, is it even possible to fence off the bridge?  From Google Earth it appears to be pretty narrow.
"A man who views the world the same at 50 as he did at 20 has wasted 30 years of his life." - Muhammad Ali

gatorback

#40
June 17, 2008, 11:37:32 PM Last Edit: June 17, 2008, 11:45:20 PM by gatorback
You're right stephen we don't know enough.  But Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part.

I appreciate your suggestions since we cannot help that boy, but could help solve this problem going forward.

On a side note, I've been personally affected by a wrongful death.  My best friend, Andy H. was killed in a drug and alcohol related accident.  My other best friend Todd N. was driving a work truck back from Gainesville after partying all night.  Todd feel asleep at the wheel and when the truck hit a guardrail, Andy, while not wearing his setbelt, flew out of the truck and died instantly when he hit the embankment.  Andy's parents filed a wrongful death suit against Todd's parents, the owner of the truck.  Like they had anything to do with it.  The truth of the matter is at any moment, Todd, Andy, or I would have been driving messed up and it could have happened to any one of us.  I never felt good about Andy's parents winning all that money.
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

thelakelander

#41
June 17, 2008, 11:41:33 PM
Quote from: gatorback on June 17, 2008, 11:37:32 PM
You're right stephen we don't know enough.

I know a little more than I've let on.  Out of respect for the deceased, I think from this point on, I'll stay out of this one.
"A man who views the world the same at 50 as he did at 20 has wasted 30 years of his life." - Muhammad Ali

gatorback

#42
June 17, 2008, 11:55:55 PM
Bill, Todd's dad, didn't know the Todd were doing that.  My mom and dad never new I was doing it, except my father was smart enough to always make me own my own car.  I'm sure Andy's parents were the same way.  I asked my mom, what she would have done and she said she'd do what Andy's parents did.  I then asked her what she would have done if I was the one drive.  She didn't have answer to that.  It's all sad. 
'As a sinner I am truly conscious of having often offended my Creator and I beg him to forgive me, but as a Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone here below.'   Mary, queen of Scots to her jailer, Sir Amyas Paulet; October 1586

Driven1

#43
June 18, 2008, 12:22:19 AM
sorry to hear about your personal situation gatorback...that is sad to have to have gone through it.  in relation to the current lawsuit, after reviewing the facts as we know them now, we stand together -  along with Lake i believe - feeling that this tragedy was one mainly due to the 17 year old football star's bravado and youthful (and unforgiving) mistake.  but recognizing that Strict Liability will probably play its role in bringing CSX to the table early in a settlement. 

Driven1

#44
June 18, 2008, 12:34:37 AM
Quote from: gatorback on June 17, 2008, 11:18:10 PM
You're right stephen.  How dare anybody put a dollar amount on the life of kid. 

I'm not questioning the mother's grief and anger and I'm deeply sad for her loss, but you don't know what you're talking about.  I have a problem with the railroad not making the tracks safe if you bothered to read anything above. 

once again, you are exactly right on every account gatorback.  i also agree that the previous poster did not know what he/she was talking about.  well put on all accounts.
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