Mother sues CSX over trestle death of her son

[adamh0903]

and of course the adult "playing chicken with the children" while driving a train is totally not to blame.

And really.  How dare you people question a mother's grief and anger.

This whole discourse, I am afraid has brought out the worst and most callous aspects of several posters.   Its especially poignant that you are making these assumptions about people you dont know in a situation that you don't have any facts to connect to.

You just like hearing your half baked opinions out loud, even if you have to create imaginary scenarios about real live people who arent here to answer for themselves.

Knock yourself out making fun of dead children if it gives you even a few moments of smugness.

Its probably one of the few sources of validation that you get.

No where at any time, did I question the mother’s grief and anger.....

But this story was posted on an internet message board right? Where people are free, and even encouraged to have their own opinions and draw their own conclusions and assumptions, which is what you stand for right? People being free to say what they want to? People being free to have their own opinions, religious views? Moral views?

Or is that only what you believe when the opinion of others matches your opinion? I hardly ever agree with you, but at least I respect you when you say something that I Believe to be "half baked opinions"

[civil42806]

Guess I'll be the cruel and unsensitive one here. How much of an effort should a railroad company put into an effort to keep people off the tracks?  Barbed wire the whole length, electrificed fench ALA east germany.  Spare me folks its a GOD**M railroad track.  Surprisingly enough trains occasionally use it.  It doesn't really matter if they were playing chicken or fishing off the tressel. ITS A RAILROAD TRACK!!!!!!!! stay off it.  I guess it goes without saying I don't have much sympathy for the lawsuit

[njdjax]

Guess I'll be the cruel and unsensitive one here. How much of an effort should a railroad company put into an effort to keep people off the tracks?  Barbed wire the whole length, electrificed fench ALA east germany.  Spare me folks its a GOD**M railroad track.  Surprisingly enough trains occasionally use it.  It doesn't really matter if they were playing chicken or fishing off the tressel. ITS A RAILROAD TRACK!!!!!!!! stay off it.  I guess it goes without saying I don't have much sympathy for the lawsuit

And I completely agree.   Common sense, people.

I just want to note that the family is in my thoughts and prayers, as well as, the engineer and conductor.

[gatorback]

I would guess that the rr should have gone as far as to have prevented this from happening.  Of course there's the bulldozer/pipe cutter theory which says if you bring a bulldozer or pipe cutter, break down a fence, or cut your way thru, then yes, maybe it's your fault.  But until the RR ma)kes it safe for kids, I'm sorry, I don't have much sympathy for the shareholders in this case (AKA management since they own the majority of the voting shares are were the ones that called the shots not making that area safe.

And yes, thanks for mentioning that we should keep the engineer in our prayers...even if he did something stupid which I seriously doubt.

[Jason]

I have to agree Civil.  There are just too many "common sence" laws and laysuits already on the books to protect people from themselves and then pay them when they make the mistakes they know they shouldn't have made in the first place.  Just because CSX is a huge corporation and can throw around $100,000 bills like pocket change doesn't mean they should be liable for someone else's negligence.

On the contrary, this is a very sad story and I truely feel sorry for the family's loss and the grief they are experiencing.  Many of us have been effected in some way shape or form by serious accidents that have seriously hurt someone or even taken a life.  Each person has their own opinion based on their personal experience and if put in this very situation would likely have taken the same route as this child's mother.  I know if that was my son up there I probably would as well.  Doesn't make it right, but it seems to be in our nature as greedy Americans to go looking for a payout after an accident, at least enough to cover a funeral and services.

[Jason]

Who said he was playing chicken and refused to stop?  I must be missing something.

[Driven1]

from the T-U Story...

The civil suit says:

- CSX officials knew pedestrians sometimes walk on the trestle, thus train operators should have been trained to exercise extraordinary care when crossing there.

- CSX failed to close or fence off the trestle and failed to post adequate warning signs.

- The train was traveling at an unlawful and unreasonable speed.

- Train operators failed to warn Wesley Whiddon of the train's approach.

Angela Whiddon, principal at W.E. Cherry Elementary School, declined to comment.

A May 29 investigation by the Clay County Sheriff's Office said the train was traveling about 43 mph at the time of the accident. The posted speed limit on that section of track is 50 mph.

Investigators noted there were at least four "No Trespassing" signs posted in the area.

CSX engineer Brian Beaver and conductor David Jones told police they saw movement on the tracks, suspected it was a deer and began blowing the horn. Beaver said he then realized there were people on the trestle but didn't immediately put on the emergency brakes, which would risk derailment, because he expected they would jump into the water. He said children often play chicken with the train before jumping into the water. But this time, they didn't jump. Upon realizing that, he threw the brakes.

Note that the train horn was blown very early.  Train horns are very loud.  Also note that 2 boys jumped to safety and every other boy that has been on that trestle illegally has jumped safely.  Was this kid acting out of bravado?  Trying to time it down to the last second?  Also, keep in mind they had to travel a fairly great distance from a paved road to trespass on a RAILROAD TRACK that had 4 "No Trespassing" signs around it.

[civil42806]

"Its one of the actual facts listed in the article.

The Engineer at the site said that the kids were always playing chicken and he expected them to jump off the bridge, but one of the kids didnt.

He didn't brake until too late."

My god,do you actually thing a train stops like a car?  It takes miles for a train to stop.  I weep for this country

[Jason]

CSX engineer Brian Beaver and conductor David Jones told police they saw movement on the tracks, suspected it was a deer and began blowing the horn. Beaver said he then realized there were people on the trestle but didn't immediately put on the emergency brakes, which would risk derailment, because he expected they would jump into the water. He said children often play chicken with the train before jumping into the water. But this time, they didn't jump. Upon realizing that, he threw the brakes.

http://www.jacksonville.com/tu-online/stories/061708/met_291594542.shtml

From my seat I'd have to side with the train.  If I were in the parents seat the obviously I would side with my son.

Without a timeframe on when the conductor first spotted the "deer" and then realised it was a kid to the time he actually hit the brakes I can't make a definite conclusion.

Question:  Which is more dangerous overall.  Maintaining speed under the assumption that the kids will do what they have always done and jump, or slamming the brakes with the risk of derailing a freight train and potentially killing all of the kids and the operators as well?  If the train derailed on the bridge and went into the same water the kids jumped into we'd likely be talking about multiple funerals.

[Driven1]

Jason...and keep in mind what a derailment over a trestle means.  Train cars derailing into the river and possibly taking the engineer down the river with it.  Also, remember that it is established that he was going 43 in a 50 zone.

[gatorback]

So no one in the forum thinks that the engineer who was 'playin chicken' and refused to brake until it was too late was at fault?

I think we all agree that it just wasn't 1 thing that caused this horrible accident. That there is no need to prove fault since CSX operates a dangerous business in the public domain.  Since they will settle, we will never know the payout it will be part of the terms and conditions of the settlement.  "Management" does this so next time this happens, and sadly there will be a next time, we wont know how much they settled for.

[gatorback]

greedy?  Stephen come on.  If managment would have made it safe...but....no....management would rather get that $100, 200, 400, $600,000.00  bonus that year then put up fencing.  Talk about greed.   The mom should go for the juggler so what if that gets her a jaguar, it's her money, let her do with it what she wants.

[civil42806]

hMMMMM after reading this

this is the point civil.

think logically about the facts.

1.  By his own admission, he blew the horn on sight, but decided not to brake.

2.  He then realizes that its kids, but assumes they will jump, and decides not to brake.

3.  He realizes that one isnt jumping and then decides to brake.

We only have the engineer's word to the cop as to how fast the  train was travelling.  There is no other evidence that the train was moving at the lawful speed.

At the relatively slow speed that he claimed he was going, he would not necessarily have taken 'miles to stop', as obviously it did not when he eventually did decide to brake.  And there was no derailment.

Additionally he gave two different reasons for not braking when it might have made a difference.

1.   He assumed the kids would jump, as they always did.

and

2.  He feared derailment.

All things considered, I would have to assume that since he actually did brake and that the train did not derail, that his first reason is the stronger influence.

Really, Im just saying that there are multiple reasons to question the clear cutness of this case.  None of us know all the facts, and yet here we are calling jurors 'stupid' and a mother whose child isnt even put into the grave yet, 'greedy'."



you either a personal injury lawyer or an idiot and I mean that in the nicest sense of the word. 

[civil42806]

"actually Im neither, and I certainly hope that if your own children are horribly killed, no one will accuse you of either stupidity or greed.

But your comment would be more effective if you challenged the facts.

Can you address the facts and my conclusions above or not?"

Well since your not a personal injury lawyer I will assume my second assumption is correct. Anyone that believes that a Train engineer driving a  vehicle that has between 500,000 to 750000 lbs of weight traveling even at a relatively small speed, that happens to see something up ahead, blows his horn, and some how doesn't avoid hitting somthing that weighs between 150 -200 lbs  with complete freedom of movement is at fault sort of proves my point.  Are you a school teacher or civil servant that would explain a lot.

[downtownparks]

I am of the very simple opinion that personal responsibility comes in to play here. As many others have stated, the kid made a life ending bad decision. That doesn't make the grieving process any easier for the family and friends, but CSX should not be culpable for a trespassing teenager.

That said, I think we all know that CSX will likely just settle and call it a day. It will cost them less than fighting it, and will lead to less of a PR nightmare.

Civil, dont bother spinning your wheels. You would have more success screaming at a wall.