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-   -   Woman hit by train while taking photos on Tupelo tracks seeks millions from railroad (http://www.railpictures.net/forums/showthread.php?t=11246)

EMTRailfan 11-18-2009 02:31 PM

Woman hit by train while taking photos on Tupelo tracks seeks millions from railroad
 
Do you think she has a leg to stand on? I sure hope not. You can't fix stupid, and $6,575,000 won't pay for the REAL problem...lack of brain cells.

Quote:

Helen Gable was taking pictures on the railroad tracks in Tupelo in 2006 when a train cut her leg nearly off as she tried to get out of the way.

Gable and her husband are suing the BNSF Railway Co. for nearly $6 million. The husband wants $575,000 for "his mental anguish and loss of consortium and sexual relations with his wife."

Helen Gable says in the lawsuit that the company should have posted no-trespassing signs to keep people away from the tracks.

She also claims the train was exceeding federal speed limits and that she was injured by a cable or wire that shouldn't have been hanging off the side of the train, according to the lawsuit, which was first filed in Mississippi state court then transferred last week to U.S. District Court.

"Helen Gable, while taking pictures of her niece's daughter, was exercising due care" while standing on the tracks, the lawsuit said.

Gable's foot got stuck in the rocks about six feet from the tracks when she tried to get out of the way, the lawsuit says. It took six surgeries to repair the damage to her right leg.

BNSF Railway Company spokeswoman Suann Lundsberg said the company is investigating and is sympathetic to Gable's injuries. But Lundsberg also said Gable "admits in her lawsuit filing that she was trespassing" to take photos on the track.

"What may have seemed a harmless photo opportunity is among the more dangerous activities any human being can engage in with a railroad," Lundsberg said.

Lundsberg also said BNSF has equipment that detects if something is hanging or dragging from a train.

"Simply stated: Trains cannot stop quickly, and people need to be safe and responsible around railroad tracks," Lundsberg said. "BNSF does have trespasser abatement programs and our train crews, resource protection personnel and other BNSF employees are all trained and instructed in the dangers associated with trespassers on the railroad."

Gable's attorney did not immediately respond Tuesday to a message.


crazytiger 11-18-2009 03:47 PM

Wow, suing the railroad for being stupid near the tracks. If she was "exercising due care" why did she get hit by the cable? Due care would mean she would have had to be at least 15 ft. away from the train.

MNJRR 11-19-2009 02:33 AM

you're right about one thing, as Ron White says "You can't fix stupid" I mean how clueless can people be, standing in the middle of the tracks where you dont belong, you get hit by a train and its the railroads fault? I hope she looses that case.

Joey Bowman 11-19-2009 03:14 AM

Quote:

Originally Posted by MNJRR (Post 103522)
you're right about one thing, as Ron White says "You can't fix stupid" I mean how clueless can people be, standing in the middle of the tracks where you dont belong, you get hit by a train and its the railroads fault? I hope she looses that case.

Sad thing is she probably wont.

Im curious about the cables or things that were supposedly hanging off of the train? Im in no way trying to say its the railroads fault but the article did not really give us any more info about that.

Also her comment about posting no trespassing signs really speaks about people these days. People like her are the reason we have signs warning us that coffee is hot or not to light flames at a gas station. Or that the plastic wrapping around toilet paper might suffocate a little kid.

JWH 11-19-2009 05:50 AM

Unfortunately, this is sign of the times. The trend nowadays is to sue and inevitably hope the company will settle out of court for a lesser amount rather than incur spiraling legal costs. The bean counters determine an affordable settlement and pass that on to the legal department and they will negotiate the settlement with the usual provisos gagging the outcome with appropriate conditions.

I unfortunately tend to believe that it's not a case of 'You can't fix stupid" but rather an opportunistic venture based on the "It's not my fault" mindset and hungry lawyers.

Quote:

The husband wants $575,000 for "his mental anguish and loss of consortium and sexual relations with his wife."
Is she THAT good? :shock: :twisted:

Jan Hart

Jer712 11-20-2009 01:12 AM

I don't know whether to laugh or cry.

TrainFanNZ 11-29-2009 09:28 PM

I like the statement from the Husband.

I'm also curious in regards to the Hanging cables from the Train. The BNSF spokesperson clearly stated above that they have Detectors etc that detect obsticles hanging/dragging from the Train . . . well it didn't work that time.

She will win . . . but it seams wrong.

Gear 11-29-2009 10:07 PM

Quote:

Originally Posted by Joey Bowman (Post 103525)
Also her comment about posting no trespassing signs really speaks about people these days. People like her are the reason we have signs warning us that coffee is hot or not to light flames at a gas station. Or that the plastic wrapping around toilet paper might suffocate a little kid.


Quote:

Originally Posted by JWH
I unfortunately tend to believe that it's not a case of 'You can't fix stupid" but rather an opportunistic venture based on the "It's not my fault" mindset and hungry lawyers.


I think it's more than that. It's gotten to the point where people don't have to take responsibility anymore.

Speaking of Ron White, he mentioned in one of his stand-ups that he got so mad, "steam was shooting out of my ears", about the case of the guy who murdered a grandmother, mother, and child without provocation and the jury sentenced him to death. Then a group of people spoke on his behalf... "on his behalf..." that they couldn't do that because he was too crazy to know they were killing him.

Winning the case would just be another anecdote to how screwed up the legal system is.


Okay, so they need signs? Put one up next to the tracks that has a picture of the woman and below it reads "DON'T BE LIKE THIS STUPID BITCH".

EMTRailfan 11-30-2009 12:56 AM

Ms. Gable stated in her own lawsuit that she was trespassing. The case should be thrown out right now, and a counter suit filed by BNSF. She knew that she was trespassing, so she can't play the insanity card. The loss of her leg is at no one's fault but her own. If she decides to place her niece's daughter on the yellow line of the highway for a photo and she gets hit by a truck, will she sue the highway department too for not having no trespassing signs up? Having sings up is like having locks on things...all they do is keep the honest people at bay. I bet she'd still be in the same situation if there would have been signs there.

lock4244 11-30-2009 05:49 PM

The fact that the courts will even look at this is a pretty sad statement in itself. These type of lawsuits, and lawyers in general, are going to destroy America. If common sense is that lacking in this twit of a woman, one would hope the judicial system would throw it out based solely on the admission of trespassing... to even consider it is beyond stupid.

FastFlyingVirginian 12-02-2009 12:27 AM

Quote:

Originally Posted by EMTRailfan (Post 103506)
Do you think she has a leg to stand on?

I guess she does if the other one wasn't hurt too bad... <rimshot>

I blame the courts for a lot of it - they could throw these cases out if they wanted, but someone, somewhere, had to judge in favor of an idiot like her for this to be seen as an acceptable legal strategy. There's no doubt in my mind it's a calculated move - play up the drama and sue for an exorbitant amount, that way if they offer to settle you still make some money, and of course the lawyer promises they don't get paid until you win. Somewhere, the courts decided to stop trying to legislate common sense (i.e., legally slapping idiots like her upside her head to knock the stupid out) and when people (and worse, lawyers) saw they could succeed with suits like this, it was like blood to sharks.

Unfortunately, I don't have much hope she'll lose. I think there have been some precedents set - one a few years ago when a family won ~$12-25 million after the son died from climbing on top of an Acela sitting in Penn Station (OMG Amtrak didn't warn him enough about high voltage LOL they said) and another back in the '70s similar to the first; kid died after climbing on top of a boxcar parked under catenary in Washington D.C. - argument was that PC let the 'No Trespassing' sign become too weathered and overgrown to be a valid warning. Unless either or both of those cases were ever overturned, my fear with this latest case is that all she'll have to do is argue a similar 'I didn't see the sign' defense and the judge will go in her favor. On a related note, it's fascinating to me how many cases like this make headlines for their outrageousness when they are brought before the courts, but far fewer make the same headlines when they are thrown out for being patently ridiculous. I do so enjoy reading about a good legal smackdown...

- Dave Ferrell
The Fast Flying Virginian

EMTRailfan 12-02-2009 09:16 PM

Quote:

Originally Posted by FastFlyingVirginian (Post 104380)
I guess she does if the other one wasn't hurt too bad... <rimshot>

- Dave Ferrell
The Fast Flying Virginian

I wondered how long it would be until someone commented on my twisted attempt of humor:twisted:


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