And the dumbass award goes to--->

[Beachcomber]

Check this out. Correct me if I'm wrong, but train tracks are a permanent feature more or less, they don't move around from day to day at least, so everyone knows where they are and what they are for. Watch, these dumb bastards will end up suing CSX and win.

Dumb and Dumber

[cincygreg]

That ground shaking effect and really loud noise just might be an oncoming train, might wanna keep aware of that. SHEESH!

[Becky Eliza Potter]

I hope they sue and win enough to run CXS out of business.

[Lew]

I'm the railroad authority on this board, I can't believe I didn't see this one earlier.

Unfortunately, the only variable that comes into play as to whether he can sue (and win big) is how badly he's hurt, which it doesn't appear to be too bad based on the article.

In law school, you're taught that a successful negligence action requires four things: 1) the defendant owed you a duty of reasonable care; 2) the defendant breeched that duty; 3) you sustained an injury; and 4) that injury was proximately caused by the defendant's breech.

That's what it is on paper. And law professors will argue that #4 is the most important part- it doesn't matter how bad you're hurt, you still have to connect the dots.

I respectfully dissent. In my experience, #3 is the most important variable. The more hurt you are, the less important those other variables become. In 2002, two 17-year old boys climbed atop a boxcar in Lancaster, Pennsylvania. The track there has electric wires over it, and both kids were electrocuted and suffered severe injuries.

Now, given that fact pattern on a bar exam question, here's Lew's answer: the railroad owed no duty of care to trespassers, the boys were trespassing, therefore plaintiffs cannot recover.

Well, the jury must have seen it differently, because they awarded 24.2M in damages. But I guarantee you it's because the kids both sustained very severe injuries (burns, multiple surgeries, permanent scarring, permanent disability, etc.) Had they not been injured, or only been slightly injured, their case may never have made it to the jury. But as soon as the jury heard the medical evidence, it was over.

[Raven Soul]

LOL, I am not making fun of you anyway or calling you a dumbass, but when I came to this board I saw a topic that said:

And the dumbass award goes to---> Beachcomber
January 25, 2008

[Beachcomber]

Originally posted by Shaun of the Dead:
LOL, I am not making fun of you anyway or calling you a dumbass, but when I came to this board I saw a topic that said:

And the dumbass award goes to---> Beachcomber
January 25, 2008

<font size="2" face="Verdana, Helvetica, sans-serif">LOL, yeah it does look that way doesn't it? Well hell I have earned it!