From: finfer@optonline.net   
      
   On 11/25/2014 3:31 PM, hancock4@bbs.cpcn.com wrote:   
   > 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.   
   >   
   >   
   >   
      
   You can sue anyone for any reason.  The trick is winning.  Some baseless   
   lawsuits are filed just to see if some money can be shaken loose before   
   the cases are thrown out.   
      
   Michael Finfer   
   Bridgewater, NJ   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)