1. #1
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    Default Railroad Tracks are Dangerous...DUH!

    Caution: Do Not Walk on Tracks
    Tuesday, November 16, 2004
    A Pennsylvania woman who was struck by a train has sued the rail company for failing to warn her that trains travel on railroad tracks.

    Patricia M. Frankhouser filed suit on Nov. 4 seeking damages in excess of $30,000 from Norfolk Southern Corp. (search), according to the Pittsburgh Tribune-Review.

    Last January, Frankhouser was hit by a train as she walked along railroad tracks in her hometown of Jeannette, Pa., a southeastern suburb of Pittsburgh.

    Amazingly, she came away from the encounter with only a broken finger, some cuts and, according to the lawsuit, "pain."

    Apparently, however, the incident was traumatic enough for her to hire a lawyer.

    "Defendant's failure to warn plaintiff of the potential dangers negligently provided plaintiff with the belief she was safe in walking near the train tracks," Frankhouser's suit asserts.

    It goes on to state that Norfolk Southern, based in Norfolk, Va., should have posted signs warning passersby "of the dangers of walking near train tracks and that the tracks were actively in use."

    Nowhere in the filing does it say whether Frankhouser heard the train coming, why she failed to get out of the way or even whether she was walking alongside or in between the rails.

    Her attorney did not return the Tribune-Review's call.

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    Gee! I never would have thought a train ran on train tracks. I thought they flew through the air.

    Sad to say, but the US is turning into a place where it's okay to sue anyone for anything.

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    You mean thats what those 2 metal rails with the wood thingies on the ground are? I better go tell Jimbo, Billybob and Cooter.
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Originally posted by Bones42
    You mean thats what those 2 metal rails with the wood thingies on the ground are? I better go tell Jimbo, Billybob and Cooter.

    ROFLMAO
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    Originally posted by Bones42
    You mean thats what those 2 metal rails with the wood thingies on the ground are? I better go tell Jimbo, Billybob and Cooter.
    We may need to inform HWOODs and STM too!

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    damn, and here i was thinking those big metal things in the ground were to fix cracks in the earth caused by earthquakes.

    i'm not sure which is worse:
    1) she was walking along the tracks and got hit by a train
    2) she's claiming it's not her fault that she was injured
    3) she's suing the train company for not posting a warning that it is unsafe to walk near active train tracks
    4) with the mcdonalds case as proof that people can sue and win for stupidity, she might be able to get some money for this.

    you know, i first thought this was another internet rumor then I found it really happened.

    http://www.pittsburghlive.com/x/search/s_269598.html
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    Maybe she thought it would swerve out of the way when the driver saw her...?
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    We may need to inform HWOODs and STM too!
    I saw the bat light.........

    Saying this women is an idiot is an uderstatment. I can roughly assume she is on welfare and only looking to make a buck and not concered about improveing railroad safety at all.

    In 00'I was in tenth grade. A 16 y/o kid was killed by a commuter rail train because he was walking in the gauge (inbetween rails) with a walkman on and going in the same direction the train was( to to his back) on a curve.
    Well I dont need to explain what happend (the kid was from another school). But there was a "massive" outcry of ohh this poor kid and such. When the "sensitvty"($60 per hour but we cant afford new text books ) conselours made it to my english class to ask everyone how they felt, they went around the room and everyone was like ohh the poor kid. She came to me and I said "That poor engineer he will remember that forever, but I dont feel sorry for the kid that was killed" Well as you can tell me my answer didnt go over well. The conselour got up on a high horse telling me how stupid and inseneitve I was and then said ".....the train driver could have sweverd it out of the way you know but he didnt choose too" I just walked out of class.

    There was also a recent inncident in Beverly MA were a kid RODE AROUND THE GATES AND THE LIGHTS WERE FLASHING and surprise surpirse was killed. Link
    Last edited by stm4710; 11-17-2004 at 02:15 PM.
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    Originally posted by stm4710

    ($60 per hour but we cant afford new text books )

    Why waste money on textbooks when some youngsters know it all??? What could POSSIBLY be learned from a mere textbook?? God forbid we hire ADULTS to teach from them!! WHY would we do such a crazy thing? It's obvious you know all there is to know...we are so richy blessed to have you here on Earth to guide us. TEACH US O GREAT ONE...LET YOUR WISDOM FILL US!!!
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    I just walked out of class.
    Should've spent more time in those English classes.
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Dr,p
    It not my job to verify every article I post.I include the link to masscops cause it is MY source. If you cant belive the cops, who can you belive?
    I dont suffer from insanity, I enjoy every minute of it.

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    Originally posted by stm4710
    I saw the bat light.........

    Saying this women is an idiot is an uderstatment. I can roughly assume she is on welfare and only looking to make a buck and not concered about improveing railroad safety at all.

    In 00'I was in tenth grade. A 16 y/o kid was killed by a commuter rail train because he was walking in the gauge (inbetween rails) with a walkman on and going in the same direction the train was(to to his back) on a curve.
    Well I dont need to explain what happend (the kid was from another school). But there was a "massive" outcry of ohh this poor kid and such. When the "sensitvty" ($60 per hour but we cant afford new text books ) conselours made it to my english class to ask everyone how they felt, they went around the room and everyone was like ohh the poor kid. She came to me and I said "That poor engineer he will remember that forever, but I dont feel sorry for the kid that was killed" Well as you can tell me my answer didnt go over well. The conselour got up on a high horse telling me how stupid and inseneitve I was and then said ".....the train driver could have sweverd it out of the way you know but he didnt choose too" I just walked out of class.

    There was also a recent inncident in Beverly MA were a kid RODE AROUND THE GATES AND THE LIGHTS WERE FLASHING and surprise surpirse was killed. Link
    Maybe you need to take that English class over again!
    Last edited by RspctFrmCalgary; 11-17-2004 at 07:46 PM.
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    Originally posted by stm4710
    Dr,p
    It not my job to verify every article I post.I include the link to masscops cause it is MY source. If you cant belive the cops, who can you belive?
    People who want to be taken seriously and value their credibility will verify that what they are posting is fact based and not a hoax. Just because something is posted within a forum does not make it gospel, that goes for being online and in print....... always research the validity of something if you are going to add your name to it.
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    Hey, c'mon.
    Get this back on track.
    It's about some idiot who was walking on railroad tracks and is suing because she had a right to be there and the train didn't.
    Besides, we've always known that Jesse can't spell.
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    I heard a comedian talk about this before........ Trains dodging at the last minute.......

    Although the lawsuit doesn't surprise me, knowing how Sue-Happy people are today........

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    Get this back on track
    THAT was punfull Chief.
    Psychiatrists state 1 in 4 people has a mental illness.
    Look at three of your friends, if they are ok, your it.

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    This is sad. People need to take responsibility for their own actions and stop the madness.

    As I recall, one of the first, if not THE first lawsuit of this type, was the woman who sued McDonalds after she was scalded by the coffee she spilled on herself at their restaurant. She claims McDonalds should have warned her that the product was very hot.

    I fear this type of litigation is out of control.....but, oh, what to do?
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    Bring in a "Brain Dead Clause"

    If the Lawsuit is being filed by someone who was patently "Brain Dead" at the time of the mishap the judge has the right to boot it.
    Psychiatrists state 1 in 4 people has a mental illness.
    Look at three of your friends, if they are ok, your it.

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    Kiwi, it's good to see you on the boards again. If this gal wins, she should be subject to a 100% "stupid tax" on the award with the lawyer not getting any fees for handling the suit.

    One question. Do the trains drive on the "wrong" side of the tracks down under?

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    Originally posted by NJFFSA16
    As I recall, one of the first, if not THE first lawsuit of this type, was the woman who sued McDonalds after she was scalded by the coffee she spilled on herself at their restaurant. She claims McDonalds should have warned her that the product was very hot.
    While I can't condone stupidity, there is more to this case that you probably realize:

    1) The lady (whose name is Stella) was burned badly (some sources say six percent of her skin was burned, other sources say 16 percent was) and needed two years of treatment and rehabilitation, including skin grafts. McDonald's refused an offer to settle with her for $20,000 in medical costs.
    According to this site, Ms. Liebeck suffered full thickness burns (third-degree burns) and scalding to her inner thighs, groin and buttocks. She was in the hospital for eight days and had to undergo extremely painful procedures to remove layers of dead skin, as well as several graft

    2) McDonald's quality control managers specified that its coffee should be served at 180-190 degrees Fahrenheit. Liquids at that temperature can cause third-degree burns in 2-7 seconds. Such burns require skin grafting, debridement and whirlpool treatments to heal, and the resulting scarring is typically permanent. also, most establishments serve their coffee in the 135 to 140 degrees range, about the same water temp as in your coffee maker at home.

    3) From 1982 to 1992, McDonald's coffee burned more than 700 people, usually slightly but sometimes seriously, resulting in some number of other claims and lawsuits.

    4) Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature, admitted that it did not warn customers of this risk, could offer no explanation as to why it did not, and testified that it did not intend to turn down the heat even though it admitted that its coffee is "not fit for consumption" when sold because it is too hot.

    5) While Stella was awarded $200,000 in compensatory damages, this amount was reduced by 20 percent (to $160,000) because the jury found her 20 percent at fault. Where did the rest of the $2.9 million figure in? She was awarded $2.7 million in punitive damages -- but the judge later reduced that amount to $480,000, or three times the "actual" damages that were awarded.

    see http://www.stellaawards.com/stella.html for more information.

    there is sometimes more to the story than you might think, especially if you read just the headline or summary without all the relavent facts.
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    One question. Do the trains drive on the "wrong" side of the tracks down under?
    Nope, that would be called a Subway.

    We turn the tracks over 180 degrees before we lay them, that way everything seems to work.
    Psychiatrists state 1 in 4 people has a mental illness.
    Look at three of your friends, if they are ok, your it.

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    Maybe you need to take that English class over again!
    Oh, oh, spelling police are at it again.

    People who want to be taken seriously and value their credibility will verify that what they are posting is fact based and not a hoax
    He added a link to the source, what more do you want.
    always research the validity of something if you are going to add your name to it.
    Why? If someone reposts an article, and provides a source, do your own homework. This is the internet and a public forum, you said it yourself, "Just because something is posted within a forum does not make it gospel, that goes for being online and in print".
    My posts reflect my views and opinions, not the organization I work for or my IAFF local. Some of which they may not agree. I.A.C.O.J. member
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    While Stella was awarded $200,000 in compensatory damages, this amount was reduced by 20 percent (to $160,000) because the jury found her 20 percent at fault. Where did the rest of the $2.9 million figure in? She was awarded $2.7 million in punitive damages -- but the judge later reduced that amount to $480,000, or three times the "actual" damages that were awarded.
    You know:
    I could make a pretty good living if each time I burnt the roof of my mouth from the cheese on the pizza!
    I have a hard time believing that she suffered third degree burns.
    My sister spilled BOILING liquid on her thigh and it produced 2nd degree burns-tops. The coffee wasn't boiling, but produced 3rd degree burns?
    And while we are on the subject, there is a certain risk involved with handling hot liquids. Coffee drinkers know that when they order a cup of coffee, it is being served HOT. Mishandling it has consequences.
    It is unfortunate that Stella got burnt from her coffee. But someone from McDonald's didn't throw it on her. SHE caused her injuries.
    At the most, she should have gotten a free cup of coffee.
    IMHO.
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    Originally posted by SPFDRum
    He added a link to the source, what more do you want.
    he posted what another user made up. that's like writing a research paper, and taking the research from a web blog about an event that the blogger made up. or a public forum, where anyone can say anything without any proof or support, and certain people accept it as gospel. People who want to be taken seriously and value their credibility will verify that what they are posting is fact based and not a hoax. hence the reason why news papers usually require 2-3 (or more) sources on anything that sounds a little fishy.

    and CR, the fact that Stella was 79 years old might have played a part in the seriousness of the burns
    If my basic HazMat training has taught me nothing else, it's that if you see a glowing green monkey running away from something, follow that monkey!

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    Give a dog a biscuit and you feed him

    Give a dog a bone, and he will chew it for days.

    I think this was said by somebody else, so do not quote me on it.
    Psychiatrists state 1 in 4 people has a mental illness.
    Look at three of your friends, if they are ok, your it.

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