Northeast Regional 188 - Accident In Philadelphia

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Re: Northeast Regional 188 - Accident In Philadelphia

Postby justalurker66 » Thu Sep 14, 2017 2:59 am

The PRR was not initially kind to Engineer Fitzsimmons. They blamed the accident on him. It was only after later investigations that the blame was shifted to PRR for their then common practice of ignoring their own rules requiring yellow lamps in areas with slow orders. Wet rails and an overcrowded train did not help the situation. The prosecutor went after PRR with charges of manslaughter but the charges were dropped due to the cost of prosecution. The county could not afford to prosecute the PRR.

It was good to see the PRR accept some responsibility and take care of Mr Fitzsimmons ... despite initially trying to put 100% of the blame on him.

The shoofly was put into use only hours before the incident. Compared to a permanent speed restriction that was in place before the engineer was hired (dare say before he was born?) ... I'd say that was another big difference.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby Gilbert B Norman » Thu Sep 14, 2017 7:34 am

Unlikely, but might anyone know what Mr. Bostian's present status is with Amtrak?

Resigned; Held From Service; appealing discipline assessed?

Likely the only thing known is if he resigned. Know so first hand from when I was in Labor Relations: employee discipline matters are sealed.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby ExCon90 » Thu Sep 14, 2017 2:20 pm

The papers in the Philadelphia area have been saying "unpaid leave of absence;" whether that has any official meaning or was some reporter's phraseology I don't know.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby justalurker66 » Thu Sep 14, 2017 7:16 pm

Somewhere in the previous 94 pages (or perhaps on another thread) I recall someone posting that he was on medical leave. The statement being made that when he returned from medical leave he would face Amtrak's judgement.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby mmi16 » Fri Sep 15, 2017 8:50 am

Gilbert B Norman wrote:Unlikely, but might anyone know what Mr. Bostian's present status is with Amtrak?

Resigned; Held From Service; appealing discipline assessed?

Likely the only thing known is if he resigned. Know so first hand from when I was in Labor Relations: employee discipline matters are sealed.


I would suspect, due to contractual obligations in the Amtrak Engineers agreement, that company disciplinary hearing has already been conducted. There are time limits on when charges have to be filed and the hearing held as well as imposition of discipline after the hearing. The company has no obligation to make any of this process public.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby 8th Notch » Fri Sep 15, 2017 12:55 pm

Regardless of what his status is, he will not be running any trains for Amtrak again. The only people that know the answers are not at liberty to discuss and probably wont't.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby Tadman » Wed Sep 20, 2017 11:28 am

Gilbert B Norman wrote:"Blood from a turnip", Mr. Backshop.

The only job he will ever get is flipping 'em at MickeyD.



I agree with the first comment - what can you get from a guy that's lost everything? It's not like he has $10m in microsoft stock that can be sold to cover any civil suits.

As for future employment, I think the McD comment is a bit over the top. There are plenty of good jobs for people willing to work hard. It won't be in transportation, but you could sell cars, be a skilled tradesman (IE welder, boilermaker, ironworker), other construction-related work, go into web design (if you have a mind for it, there is always money to be made there). Let's put some good vibes toward this guy have a second act that might enrich the lives of others, because dwelling on his past won't bring people back.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby STrRedWolf » Wed Sep 20, 2017 8:55 pm

It's a reasonable assumption that he will not be an engineer. But will he be in a position that is "safety sensitive" in Amtrak? Well... depends on what is classified as safety sensitive. If I go by MTA Maryland's definition, that's any mechanic or operator/engineer.

Station staff is probably the best so far, and conductor is a biiiig stretch.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby justalurker66 » Wed Sep 20, 2017 11:01 pm

He would need to be obsessed with trains in order to remain in the industry. Some times it is better to move on when a job leaves you. His second act does not need to be on the same stage.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby mtuandrew » Thu Sep 21, 2017 1:09 am

justalurker66 wrote:His second act does not need to be on the same stage.

Well put. I hope Mr. Bostian lands on his feet, but also that he remains a quiet advocate for efficient and safe rail passenger travel. He most likely won't be with Amtrak or a railroad after this, but ought to have some training that could set him up in heavy industry if he chooses.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby Backshophoss » Thu Sep 21, 2017 2:24 am

"Safety Sensitive" would include AC and Conductor positions along with engine service.
That would include any kind of "Block operator",lever man(tower operator),and Dispatching position.
If he has a medical problem,that would also DSQ him from any kind of CDL license position,in Trucking or Bus driving (down to school buses).
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby R36 Combine Coach » Wed Dec 20, 2017 1:46 am

UPDATE:
Prosecutors seek to reinstate charges in 2015 Amtrak wreck

Associated Press Dec 20, 2017 12:11 AM EST

Prosecutors are set to argue that criminal charges should be reinstated against the engineer in a deadly 2015 Amtrak derailment in Philadelphia. Pennsylvania's attorney general on Wednesday is appealing a judge's decision to dismiss the case against Brandon Bostian.

Philadelphia's district attorney previously declined to pursue a case against the 34-year-old engineer. A separate lawsuit brought by a victim's family was thrown out by a judge in September who said evidence suggested the derailment was accidental.
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby STrRedWolf » Tue Feb 06, 2018 6:44 am

Just saw on the MD news about the engineer in this accident going through another hearing to defend against charges of manslaughter being reinstated. That hearing is today.

AP news blurb about it
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby n2cbo » Tue Feb 06, 2018 12:09 pm

STrRedWolf wrote:Just saw on the MD news about the engineer in this accident going through another hearing to defend against charges of manslaughter being reinstated. That hearing is today.

AP news blurb about it

Something tells me that he is going to be "RAILROADED" (no pun intended)
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Re: Northeast Regional 188 - Accident In Philadelphia

Postby MCL1981 » Tue Feb 06, 2018 12:15 pm

Pennsylvania law defines involuntary manslaughter as:
A person is guilty of involuntary manslaughter when as a direct result
of the doing of an unlawful act in a reckless or grossly negligent manner, or
the doing of a lawful act in a reckless or grossly negligent manner, he
causes the death of another person
.


Acting recklessly would require intent, which obviously is not the case, so that's out. Acting grossly negligent will probably be a very hard sell. It also requires some kind of intent to ignore the dangers. Which again obviously is not the case here. Gross negligence is a very specific term in the eyes of the law. So is recklessness. And neither of them apply here. This looks more like political and career grandstanding than a legitimate prosecution.
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