Platform Slip Onto Track with Fatality at Noroton Heights Metro North suit

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DutchRailnut
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Platform Slip Onto Track with Fatality at Noroton Heights Metro North suit

Post by 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" onclick="window.open(this.href);return false;
If Conductors are in charge, why are they promoted to be Engineer???

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Rockingham Racer
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Re: Metro North suit, thrown out of court.

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

Using the wrong track? They must be kidding.

SemperFidelis
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Re: Metro North suit, thrown out of court.

Post by 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.

ExCon90
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Re: Metro North suit, thrown out of court.

Post by 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)?

Tadman
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Re: Metro North suit, thrown out of court.

Post by 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.
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ExCon90
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Re: Metro North suit, thrown out of court.

Post by ExCon90 » Mon Apr 17, 2017 2:54 pm

Might be fun to read a transcript of that.

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Re: Metro North suit, thrown out of court.

Post by 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.
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DutchRailnut
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Re: Metro North suit, thrown out of court.

Post by 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???

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Re: Metro North suit, thrown out of court.

Post by nomis » Tue Jul 09, 2019 7:13 pm

Court reinstates lawsuit against Metro-North by family of Darien man killed by train
stamfordadvocate.com article
The state Supreme Court has overruled a lower court ruling and reinstated a lawsuit against Metro-North Railroad by the family of a Darien man who was killed in 2013 when he fell in front of a train.

While a lower court had ruled the railroad is immune from negligence operation lawsuits by federal regulation, the appeals court said the federal regulation did not cover the claim in this case.

“Nothing in that regulation covers the subject of the plaintiff’s claim — namely, whether it is negligent to operate a through train on a track immediately adjacent to the platform when another track is available. Accordingly, we disagree that the plaintiff’s claim is essentially an excessive speed claim that is preempted by the railroad act,” the Supreme Court stated.
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