Metro North suit, thrown out of court.

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

Metro North suit, thrown out of court.

Postby DutchRailnut » Thu Apr 13, 2017 8:44 pm

The family of a man killed by a train at the Darien train station can’t sue Metro-North Railroad for negligence by federal law, a judge has ruled. In a case of first impression, Superior Court Judge Michael Kamp on Thursday threw out the suit brought against the railroad by Jamey Murphy, of Darien, who claimed a speeding train had been on the wrong track when it struck and killed her husband Dec. 2, 2013.

http://www.stamfordadvocate.com/local/a ... 072306.php
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: Metro North suit, thrown out of court.

Postby Rockingham Racer » Fri Apr 14, 2017 5:44 am

Using the wrong track? They must be kidding.
User avatar
Rockingham Racer
 
Posts: 2896
Joined: Wed Mar 17, 2004 9:25 pm

Re: Metro North suit, thrown out of court.

Postby SemperFidelis » Fri Apr 14, 2017 7:37 am

It seems an odd legal course to plot: The train was on the wrong track... If they have something other than the "railroad safety expert's" word, perhaps an internal MTA memo recommending that through trains use the tracks furthest from the platforms for reasons of passenger saftey, then this might make some sort of sense. Of course, if they had such a memo, it would have been presented and this case would probably not have been thrown out.

It seems to me, given how many similar cases one reads of, that filing a suit based on poor maintenance (presence of ice in a very dangerous area) would have made much more sense than suing based on dispatching decisions.
SemperFidelis
 
Posts: 1297
Joined: Thu Jun 01, 2006 3:49 pm
Location: Stupid Voterland

Re: Metro North suit, thrown out of court.

Postby ExCon90 » Sat Apr 15, 2017 12:58 pm

A question for lawyers from a non-lawyer: if a plaintiff offers a statement from a rail "expert," must the expert be made available for cross-examination (assuming the case comes to trial)?
ExCon90
 
Posts: 3468
Joined: Thu Sep 18, 2008 1:22 pm

Re: Metro North suit, thrown out of court.

Postby Tadman » Sun Apr 16, 2017 7:14 pm

You bet. Otherwise each side would hire a few expert witnesses, who would then say the other side is lying, and you wouldn't be any further than you were without the experts.

Keep in mind an expert witness is just that, a witness. Lawyers will use the same method to discredit opposing expert witnesses: destroying credibility, getting them to contradict themselves, showing that their testimony is irrelevant, etc... just like they would with an eye witness.
Tadman
 
Posts: 8443
Joined: Wed Sep 01, 2004 10:21 am
Location: Michigan

Re: Metro North suit, thrown out of court.

Postby ExCon90 » Mon Apr 17, 2017 2:54 pm

Might be fun to read a transcript of that.
ExCon90
 
Posts: 3468
Joined: Thu Sep 18, 2008 1:22 pm

Re: Metro North suit, thrown out of court.

Postby Darien Red Sox » Tue Apr 18, 2017 12:32 pm

This was at Noroton Heights not Darien. Looking at it a 2nd time the at the top it refers to it as the Darien station then deeper into it it gets it correct as Noroton Heights. Not surprised the paper did not get it right, seems like the media messes up everything when it comes to the railroad.
Some people complain about the traffic on I95, If you have a problem with traffic and the rails go where you are going, TAKE THE TRAIN!!!
User avatar
Darien Red Sox
 
Posts: 544
Joined: Thu Jul 10, 2008 10:14 am
Location: Darien, CT

Re: Metro North suit, thrown out of court.

Postby DutchRailnut » Tue Apr 18, 2017 4:04 pm

Noroton heights is also a Darien station, so article is still correct.
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


Return to MTA Metro-North Railroad and CtDOT Passenger Rail

Who is online

Users browsing this forum: No registered users and 2 guests