Major derailment @ Spuyten Duyvil

Discussion relating to the operations of MTA MetroNorth Railroad including west of Hudson operations and discussion of CtDOT sponsored rail operations such as Shore Line East and the Springfield to New Haven Hartford Line

Moderators: GirlOnTheTrain, nomis, Jeff Smith

Re: Major derailment @ Spuyten Duyvil

Postby NH2060 » Thu Apr 10, 2014 8:27 pm

I'll admit I too thought the $100M figure was way over the top at first. However perhaps suing initially for that much would guarantee a sufficient award/settlement when all is said and done?

And should there be any chance of him being able to walk again, etc. he will no doubt need the funding necessary for rehabilitation, etc. There are a number of former quadriplegics out there (some who've even competed in triathlons) so who's to say that he couldn't make at least some form of recovery.
NH2060
 
Posts: 1442
Joined: Thu Feb 25, 2010 4:44 pm

Re: Major derailment @ Spuyten Duyvil

Postby runningwithscalpels » Fri Apr 11, 2014 1:45 pm

I was reading an article about him today - I think it was the Daily News, so accuracy is debatable, which said that the doctor said there's less than a 1% chance he'll be able to walk again.

Even if he were to miraculously recover, that would require a crap-ton of rehab which would definitely rack up really quickly.
Change at Bridgeport for service to Derby-Shelton, Ansonia, Seymour, Beacon Falls, Naugatuck and Waterbury
User avatar
runningwithscalpels
 
Posts: 705
Joined: Thu Feb 23, 2012 6:01 pm
Location: Waterbury Branch MP 22.0

Re: Major derailment @ Spuyten Duyvil

Postby F40 » Fri Apr 11, 2014 3:13 pm

Likely, the $100 million is a possibility of what the plaintiff might get if he succeeds, as you only get one chance at this you try and cover all the bases of what the defendent could be liable for. The actual settlement/liability may not be $100 million. The burden of proof always rests with the plaintiff, regardless of the type of case. If he has other insurance claims, this will likely reduce the amount in the case. In general, he cannot be entitled to more than the incident directly caused by the railroad (you cannot sue to "get rich").

After a certain point (i.e. $1 million), the mind does not have a grasp of how much money that actually is. $10-15 million may cover most of his medical bills at "hundreds of thousands a year" for until the expected lifespan. $1.5 million may cover his loss of wages if he makes $50,000 and works for another 30 years, as an example.
DANGER - DO NOT GET OFF MOVING TRAIN
User avatar
F40
 
Posts: 1269
Joined: Tue May 25, 2004 3:29 pm
Location: Edison, NJ, NEC MP 24.78 / Piscataway, NJ Rutgers Univ

Re: Major derailment @ Spuyten Duyvil

Postby DutchRailnut » Fri Apr 11, 2014 6:13 pm

don't forget the lawyer gets 1/3th of money awarded, so victim only gets 2/3th's
If Conductors are in charge, why are they promoted to be Engineer???

Retired Triebfahrzeugführer
User avatar
DutchRailnut
 
Posts: 21200
Joined: Thu Mar 11, 2004 8:02 pm
Location: released from Stalag 13

Re: Major derailment @ Spuyten Duyvil

Postby Clean Cab » Sat Apr 12, 2014 5:08 pm

Most times than not (with a few exceptions) juries do not award the maximum amount, and even when they do, it is always appealed. Don't forget the case of the old woman who sued McDonalds for getting burned by their coffee. She sued for millions and eventually only got about $600,000 before all associated fees and costs.
I'm stuck on a sandbar on Cape Cod, and I couldn't be happier!!!
Clean Cab
 
Posts: 2893
Joined: Tue Oct 25, 2005 4:18 pm
Location: South Dennis Massachusetts

Re: Major derailment @ Spuyten Duyvil

Postby Ken W2KB » Sat Apr 12, 2014 8:35 pm

DutchRailnut wrote:don't forget the lawyer gets 1/3th of money awarded, so victim only gets 2/3th's


The 1/3 is for smaller amounts. As judgments get larger the lawyer percentage is reduced.
~Ken :: Fairmont ex-UP/MP C436 MT-14M1 :: Cessna 177B Cardinal N16019
Black River Railroad Historical Trust :: My Personal Site
User avatar
Ken W2KB
 
Posts: 5651
Joined: Thu Mar 11, 2004 9:27 pm
Location: Lebanon Township, Hunterdon County, New Jersey & Tiverton, RI USA

Re: Major derailment @ Spuyten Duyvil

Postby Ken W2KB » Sat Apr 12, 2014 8:38 pm

Clean Cab wrote:Most times than not (with a few exceptions) juries do not award the maximum amount, and even when they do, it is always appealed. Don't forget the case of the old woman who sued McDonalds for getting burned by their coffee. She sued for millions and eventually only got about $600,000 before all associated fees and costs.


And judges sometime reduce the jury award as unreasonably large. Called a judgment NOV.
~Ken :: Fairmont ex-UP/MP C436 MT-14M1 :: Cessna 177B Cardinal N16019
Black River Railroad Historical Trust :: My Personal Site
User avatar
Ken W2KB
 
Posts: 5651
Joined: Thu Mar 11, 2004 9:27 pm
Location: Lebanon Township, Hunterdon County, New Jersey & Tiverton, RI USA

Re: Major derailment @ Spuyten Duyvil

Postby DutchRailnut » Sat Apr 12, 2014 9:00 pm

the 100 million is an attempt to force MTA into a reasonable settlement. my bet is MTA settles before court date with both parties being satisfied.
the victim will never get his life back the way it was , in my opinion no money can make up for that...
If Conductors are in charge, why are they promoted to be Engineer???

Retired Triebfahrzeugführer
User avatar
DutchRailnut
 
Posts: 21200
Joined: Thu Mar 11, 2004 8:02 pm
Location: released from Stalag 13

Re: Major derailment @ Spuyten Duyvil

Postby Tommy Meehan » Sat Apr 12, 2014 10:10 pm

DutchRailnut wrote:the 100 million is an attempt to force MTA into a reasonable settlement. my bet is MTA settles before court date with both parties being satisfied. the victim will never get his life back the way it was , in my opinion no money can make up for that...


^^^ Agreed.
User avatar
Tommy Meehan
 
Posts: 3286
Joined: Tue May 11, 2004 7:00 am
Location: Yonkers

Re: Major derailment @ Spuyten Duyvil

Postby F40 » Mon Apr 14, 2014 10:54 am

I also think the MTA will probably settle. Trials are not quick and the causal relationship is almost certain. Not sure how it is in NY, but in NJ you have 30 days to respond to a complaint and get the ball rolling (although a case may be ongoing for a while). Also fully agree that no money (not even $100 million) will truly change his life back to normal.
DANGER - DO NOT GET OFF MOVING TRAIN
User avatar
F40
 
Posts: 1269
Joined: Tue May 25, 2004 3:29 pm
Location: Edison, NJ, NEC MP 24.78 / Piscataway, NJ Rutgers Univ

Re: Major derailment @ Spuyten Duyvil

Postby ThirdRail7 » Fri May 30, 2014 8:15 am

Although times have changed, I have seen individuals medically disqualified for sleep apnea. Despite the headline, the article indicates the program would include employees in safety sensitive positions. That's a lot of testing and they may not like what they find.

After derailment, Metro-North railroad considers sleep apnea screening for train operators
By JIM FITZGERALD

Please allow a brief "fair use" quote:

http://www.newser.com/article/6507d2426 ... ators.html



WHITE PLAINS, N.Y. (AP) — A deadly Metro-North train derailment last year in which the "dazed" engineer was found to have sleep apnea has pushed the commuter railroad to look into establishing screening for the condition, which could include measuring operators' necks and asking them and their spouses about snoring habits.

Metro-North spokesman Aaron Donovan confirmed that the railroad that serves New York City's northern suburbs is working with unions on sleep apnea screening, but he cautioned nothing has been decided. Any program, he said, "would be for all employees in any safety-sensitive positions."

While no cause has been established for the Dec. 1 derailment in the Bronx that left four dead and dozens hurt, apnea has gotten much of the attention. Even before the accident, federal railroad officials had been discussing requirements related to sleep disorders. But there is still no national screening requirement for apnea, and railroads around the country have varying practices.

...

Rockefeller told NTSB investigators that he felt strangely "dazed" before his train hit the curve, which has a 30 mph speed limit, at 82 mph. Asked if he was clearheaded enough to realize he was entering a curve, he replied, "Apparently not."

Rockefeller's medical exam after the accident uncovered "severe obstructive sleep apnea," and when experts studied his sleep, he woke up about 65 times an hour without being conscious of it. As few as five interruptions an hour can make someone chronically sleepy.

...

James Stem, a lobbyist with the International Association of Sheet Metal, Air, Rail and Transportation Workers, said the website is useful but nationwide rules are needed.

"Fatigue is the No. 1 safety issue in the industry today," he said.

I want my road foreman!
ThirdRail7
 
Posts: 3968
Joined: Sat Oct 01, 2011 7:07 pm

Re: Major derailment @ Spuyten Duyvil

Postby SouthernRailway » Sun Jun 01, 2014 6:41 pm

I'm a lawyer; I'm not a litigator, but I recall from law school that a litigator will generally just pick a random astronomical number and sue for that amount, just for show and to intimidate, regardless of the actual damages or the actual damages expected to be won.
SouthernRailway
 
Posts: 1184
Joined: Fri May 27, 2011 8:27 pm

Re: Major derailment @ Spuyten Duyvil

Postby Ken W2KB » Tue Jun 10, 2014 3:02 pm

SouthernRailway wrote:I'm a lawyer; I'm not a litigator, but I recall from law school that a litigator will generally just pick a random astronomical number and sue for that amount, just for show and to intimidate, regardless of the actual damages or the actual damages expected to be won.


That is the practice in New York state, hence the inflated publicity-stimulating amounts of general damages sought often seen in NY based litigation. In contrast, the New Jersey Supreme Court rules did and I believe still do prohibit the complaint from specifying in dollars anything other than special damages. General damages like pain and suffering cannot have a dollar amount attached to them in a NJ complaint.
~Ken :: Fairmont ex-UP/MP C436 MT-14M1 :: Cessna 177B Cardinal N16019
Black River Railroad Historical Trust :: My Personal Site
User avatar
Ken W2KB
 
Posts: 5651
Joined: Thu Mar 11, 2004 9:27 pm
Location: Lebanon Township, Hunterdon County, New Jersey & Tiverton, RI USA

Re: Major derailment @ Spuyten Duyvil

Postby DutchRailnut » Tue Jun 10, 2014 4:30 pm

Ok this is not Law-chat, but something to think about, Congress just watered down the safety rules for truckers, yup the same morons that are screaming in Washington about rail safety, yet no one bats an eye after the crash by trucker who did not sleep for 24 hours.
the crash with comedian Tracy Morgan ?? one motorist killed http://www.cnn.com/2014/06/09/showbiz/t ... index.html
If Conductors are in charge, why are they promoted to be Engineer???

Retired Triebfahrzeugführer
User avatar
DutchRailnut
 
Posts: 21200
Joined: Thu Mar 11, 2004 8:02 pm
Location: released from Stalag 13

Re: Major derailment @ Spuyten Duyvil

Postby Backshophoss » Tue Jun 10, 2014 11:19 pm

There have been 2 major changes in Trucker's HOS,last year,after 7 days of continueous duty,a required 34 hours
off duty(reset)has to be shown in the log book or on the on board electronic log + the carriers HQ log database.
This years change was in the Medical area,not sure of the details of the change.
The Major Fleets have gone to electronic logging,and are GPS tracked as well
If Wal*mart created this wreck,their electronic log database and GPS tracking database will be
avaible to law enforcement.
You can't hide from a GPS sat,or the on board data logger!

More than a few drivers are suprised on what happened on the NJ Turnpike,more so
that a Wal*mart driver was involved,1 of the safest fleets out there to boot!
Backshophoss
 
Posts: 4574
Joined: Mon Mar 05, 2012 7:58 pm

PreviousNext

Return to MTA Metro-North Railroad and CtDOT Passenger Rail

Who is online

Users browsing this forum: Google [Bot] and 2 guests