Major derailment @ Spuyten Duyvil

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.

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.

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.

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

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.

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.

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.

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...

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.

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.

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" onclick="window.open(this.href);return false;

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'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 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.

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" onclick="window.open(this.href);return false;

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!