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|    Message 1,184 of 3,014    |
|    hancock4@bbs.cpcn.com to Phil Kane    |
|    Re: Emergency brake    |
|    25 Nov 14 12:31:03    |
      On Tuesday, November 25, 2014 2:36:38 PM UTC-5, Phil Kane wrote:              > About the same time that both the railroads and the jurisdictions       > involved realized that both were open to litigation, whether justified       > or frivolous, and it was necessary to be abundantly cautious.              Don't railroads have a pretty good immunity defense based in long-standing law?              For instance, we had a tragedy where a lovesick teen threw herself in front of       an Acela. The tear-jerk factor in such a case would be very high, and they       could claim the station failed to have fencing or otherwise adequate       protection. But, AFAIK,        lawsuits aren't filed when someone at a station jumps in front of a train, or,       a trespaser his hit while walking along the trackbed. I would guess that the       railroads have immunity*.                            *We had a sad case where a school bus jumped the curb and crushed a girl       against a wall. She was very badly injured, including loss of a leg. She got       a $14 million court award, but it was ordered reduced to $500,0000 as the       immunity limit of liability.         Her medical bills and rehab costs alone probably significantly exceeded that       amount.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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