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William Rockefeller gets disability pension

Posted by Olog-hai on Sat Mar 5 15:53:49 2016

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CBS New York

Metro-North Engineer In 2013 Bronx Derailment Now On Disability Pension

March 4, 2016 9:26 PM
The Metro-North Train engineer who was driving during a deadly derailment in the Bronx in December 2013 has retired with a pension.

As WCBS 880’s Peter Haskell reported, William Rockefeller has not worked since the derailment near the Spuyten Duyvil station. But he is now receiving a disability pension.

“There was an independent objected determination made by an independent tribunal that he’s not capable of returning to work as a train engineer,” said Rockefeller’s attorney, Danny Seymour.

Seymour would not comment on the nature of the disability. However, Rockefeller was found to have undiagnosed sleep apnea.

Seymour said Rockefeller is still haunted by the incident.

“His thoughts are with the all of the passengers on that train,” Seymour said.

The derailment took place near the Spuyten Duyvil station in the Bronx on Dec. 1, 2013. Four people — James Lovell, Donna Smith, James Ferrari and Kisook Ahn — were killed, and more than 70 were injured.

In October 2014, the National Transportation Safety Board concluded that a sleep-deprived Rockefeller nodded off at the controls of the train just before taking a 30 mph curve at 82 mph.


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(1387664)

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Re: William Rockefeller gets disability pension

Posted by Dutchrailnut on Sat Mar 5 18:41:02 2016, in response to William Rockefeller gets disability pension, posted by Olog-hai on Sat Mar 5 15:53:49 2016.

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Since Mr Rockefeller has not been accused of causing accident other than having a medical condition, It is surprizing to see Media's reaction, by federal rules he is entitled to disability pension.
which will not be much.
Meanwhile crooks like Sheldon Silver and Skelos get their state pension despite being convicted of crimes.


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(1387666)

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Re: William Rockefeller gets disability pension

Posted by Joe V on Sat Mar 5 19:15:58 2016, in response to Re: William Rockefeller gets disability pension, posted by Dutchrailnut on Sat Mar 5 18:41:02 2016.

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Aren't Silver and Skelos in jail as as well ?

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(1387668)

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Re: William Rockefeller gets disability pension

Posted by Dutchrailnut on Sat Mar 5 19:48:30 2016, in response to Re: William Rockefeller gets disability pension, posted by Joe V on Sat Mar 5 19:15:58 2016.

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yes and ?


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Re: William Rockefeller gets disability pension

Posted by AlM on Sat Mar 5 20:02:06 2016, in response to Re: William Rockefeller gets disability pension, posted by Dutchrailnut on Sat Mar 5 18:41:02 2016.

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It is surprizing to see Media's reaction,

Is there negative reaction elsewhere?

And Silver and Skelos get their pension because it is deferred compensation, just like Rockefeller's pension. A pension isn't a reward; it's part of your pay.



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(1387678)

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Re: William Rockefeller gets disability pension

Posted by Henry R32 #3730 on Sun Mar 6 01:20:50 2016, in response to Re: William Rockefeller gets disability pension, posted by AlM on Sat Mar 5 20:02:06 2016.

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They've since amended the pension legislation, if one is convicted of a felony in office (or something to that effect) they lose the state pension (thank Hevesi for being the reason the law was changed). Because the NYS constitution prohibits retroactive pension reductions, this change can only take effect for people who joined the retirement system after it passed. So while crooked officials will continue to draw pensions after conviction of crimes, at least in 20 years the problem will largely have gone away.

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(1387680)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Sun Mar 6 01:39:13 2016, in response to Re: William Rockefeller gets disability pension, posted by Henry R32 #3730 on Sun Mar 6 01:20:50 2016.

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Honestly, I think that if contested, it could still suffer judicial review. Al is absolutely right about the pension system, and the existing state Constitution does indeed recognize the pension system AS "deferred compensation." It will all come down to new contracts issued in the future, but lacking that pension, the state is going to have to finally pay some prevailing wages in exchange for that.

Should be an interesting future for the attorneys. :)

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(1387689)

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Re: William Rockefeller gets disability pension

Posted by AlM on Sun Mar 6 02:52:21 2016, in response to Re: William Rockefeller gets disability pension, posted by SelkirkTMO on Sun Mar 6 01:39:13 2016.

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Honestly, I think that if contested, it could still suffer judicial review.

I agree. It's taking money away without due process.

Legislators get paid $x per day plus fringe benefits, which include whatever they include, one of which is the pension promise. So Silver got "paid" his pension over the last 20+ years.

I think the only way you can take that away under the 5th amendment is for the judge to be enabled to say "And in addition to jail, I sentence you to a fine of $xxx, which equals the present value of your pension." I don't think it can be automatic.



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(1387693)

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Re: William Rockefeller gets disability pension

Posted by Henry R32 #3730 on Sun Mar 6 03:01:30 2016, in response to Re: William Rockefeller gets disability pension, posted by AlM on Sun Mar 6 02:52:21 2016.

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According to this article here there's 21 states we could point to if it came down to that. If other states have found a way to strip corrupt lawmakers of their pensions, I'm confident NYS lawyers have crossed the Is and dotted the Ts properly to make sure it works here too.

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(1387694)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Sun Mar 6 03:03:04 2016, in response to Re: William Rockefeller gets disability pension, posted by Henry R32 #3730 on Sun Mar 6 03:01:30 2016.

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LOL! I've worked for the state. The lawyers they hire may pass the DOCS tests, but for what they get paid, we absolutely have never failed to attract the best and brightest for such a shitty check. :)

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(1387697)

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Re: William Rockefeller gets disability pension

Posted by AlM on Sun Mar 6 03:13:21 2016, in response to Re: William Rockefeller gets disability pension, posted by Henry R32 #3730 on Sun Mar 6 03:01:30 2016.

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OK, maybe they've gotten around the 5th amendment somehow.

But it doesn't actually make sense. Why should someone who's done 40 years of service for the state get hit with a $500,000 fine for taking a $1,000 bribe while someone who was just hired doesn't get hit with any such fine?

Also, what does this all really mean? Isn't the pension for new state employees a 401(k) (or a 457(b) since it's a government plan)? Do they retroactively take away all your employer contributions with interest if you're convicted of a felony?



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Re: William Rockefeller gets disability pension

Posted by pragmatist on Sun Mar 6 08:56:52 2016, in response to Re: William Rockefeller gets disability pension, posted by AlM on Sun Mar 6 03:13:21 2016.

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What they are really trying to focus on is "official corruption" Politicians who profit from their office while serving. Fines and restitution are 2 different things, in NY State, sentencing for crimes (jail time and/or fines) are spelled out in the statutes. You can't make them up as you go along. Most state pensions are protected by the NYS Constitution, something that legislation can not override.
In cases like the MNRR situation, people often forget or ignore the fact that just because something terrible happened does not mean anyone is criminally culpable. Not everything bad that happens is a crime. Nor should it be.

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(1387717)

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Re: William Rockefeller gets disability pension

Posted by merrick1 on Sun Mar 6 09:41:36 2016, in response to Re: William Rockefeller gets disability pension, posted by SelkirkTMO on Sun Mar 6 03:03:04 2016.

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They haven't been giving a civil service test for lawyers for at least ten years. The list is based on education and experience.

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(1387756)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Sun Mar 6 17:49:21 2016, in response to Re: William Rockefeller gets disability pension, posted by merrick1 on Sun Mar 6 09:41:36 2016.

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Well, given that I left the state 15 years ago, still works for me. :)

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(1387768)

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Re: William Rockefeller gets disability pension

Posted by Terrapin Station on Sun Mar 6 19:04:49 2016, in response to Re: William Rockefeller gets disability pension, posted by SelkirkTMO on Sun Mar 6 17:49:21 2016.

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you got pwn3d.

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(1387769)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Sun Mar 6 19:06:33 2016, in response to Re: William Rockefeller gets disability pension, posted by Terrapin Station on Sun Mar 6 19:04:49 2016.

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And you got retarded.

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(1387773)

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Re: William Rockefeller gets disability pension

Posted by Terrapin Station on Sun Mar 6 19:09:49 2016, in response to Re: William Rockefeller gets disability pension, posted by SelkirkTMO on Sun Mar 6 19:06:33 2016.

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Not at all. You were wrong again. pwn3d.

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(1387776)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Sun Mar 6 19:15:26 2016, in response to Re: William Rockefeller gets disability pension, posted by Terrapin Station on Sun Mar 6 19:09:49 2016.

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Thanks for the proff. :)

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(1387818)

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Re: William Rockefeller gets disability pension

Posted by merrick1 on Mon Mar 7 07:12:29 2016, in response to Re: William Rockefeller gets disability pension, posted by Terrapin Station on Sun Mar 6 19:04:49 2016.

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It wasn't my intention for anyone to be pwn3d. Just to correct an error in a small detail.

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(1387824)

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Re: William Rockefeller gets disability pension

Posted by MainR3664 on Mon Mar 7 07:37:18 2016, in response to Re: William Rockefeller gets disability pension, posted by Henry R32 #3730 on Sun Mar 6 01:20:50 2016.

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Well, luckily I'm in Tier 4, so I can spend as much time on SubChat on my work computer as I want w/o risking my pension, LOL

Good to know!

(that's a joke. I haven't gone online at work in years...my agency does watch closely, and I need another 7 years)

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(1387834)

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Re: William Rockefeller gets disability pension

Posted by terRAPIN station on Mon Mar 7 09:03:06 2016, in response to Re: William Rockefeller gets disability pension, posted by merrick1 on Mon Mar 7 07:12:29 2016.

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I understand. And there's nothing wrong with what you did. But SelkirkTMO constantly talks like he knows what he's talking about and makes all kinds of statements of fact that aren't true.

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(1387856)

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Re: William Rockefeller gets disability pension

Posted by randyo on Mon Mar 7 12:44:54 2016, in response to Re: William Rockefeller gets disability pension, posted by terRAPIN station on Mon Mar 7 09:03:06 2016.

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Well, his hands on experience certainly adds to his credibility.

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(1387884)

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Re: William Rockefeller gets disability pension

Posted by SelkirkTMO on Mon Mar 7 17:17:08 2016, in response to Re: William Rockefeller gets disability pension, posted by randyo on Mon Mar 7 12:44:54 2016.

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Turtle doesn't care about any of that. He needs to puff himself up by slapping at others. No worries, I love it. :)

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(1418116)

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William Rockefeller sues Metro-North

Posted by Olog-hai on Thu Dec 1 19:25:28 2016, in response to William Rockefeller gets disability pension, posted by Olog-hai on Sat Mar 5 15:53:49 2016.

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Associated Press

Dec 1, 2016 4:03 PM EST

Engineer in NYC train derailment that killed 4 sues railroad

An engineer who fell asleep at the controls of a Metro-North train and caused a derailment that killed four people in New York City has sued the railroad.

William Rockefeller says in a $10 million lawsuit Thursday in Manhattan federal court that Metro-North was negligent and careless by failing to provide him with a safe workplace. He says the railroad also failed to install automatic brakes.

In addition to the deaths, more than 70 people were injured in the Dec. 1, 2013, derailment.

The accident occurred in the Bronx as the commuter train went around a curve at about 82 mph. The speed limit on the turn was 30 mph.

Investigators said Rockefeller suffered from an undiagnosed sleep disorder.

Metro-North says it does not comment on pending litigation.


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(1418118)

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Re: William Rockefeller sues Metro-North

Posted by TerrApin Station on Thu Dec 1 19:50:55 2016, in response to William Rockefeller sues Metro-North, posted by Olog-hai on Thu Dec 1 19:25:28 2016.

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Ha

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(1418125)

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Re: William Rockefeller sues Metro-North

Posted by Dave on Thu Dec 1 21:42:09 2016, in response to William Rockefeller sues Metro-North, posted by Olog-hai on Thu Dec 1 19:25:28 2016.

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This promises to be an interesting lawsuit!

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(1418128)

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Re: William Rockefeller sues Metro-North

Posted by pragmatist on Thu Dec 1 21:50:47 2016, in response to Re: William Rockefeller sues Metro-North, posted by Dave on Thu Dec 1 21:42:09 2016.

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When we factor out the emotion involved in the situation, employers generally have an obligation to provide a safe workplace, and if readily available equipment or procedures is/are available that can prevent an accident there may be an obligation on the part of the employer both to provide it, and to require its usage. This is a general statement, and there are variations in how it applies in specific industries and jurisdictions. Whether people are sympathetic or not is irrelevant to whether or not it is a valid case. It is not as far fetched a case as some may think.

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(1418135)

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Re: William Rockefeller sues Metro-North

Posted by Fisk Ave Jim on Thu Dec 1 22:52:10 2016, in response to Re: William Rockefeller sues Metro-North, posted by Dave on Thu Dec 1 21:42:09 2016.

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He'll win. The MTA will appeal, It will drag on for years. A settlement will be reached, maybe 10 years from now, and many lawyers will get rich. Blood money all around.

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(1418165)

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Re: William Rockefeller gets disability pension

Posted by Spider-Pig on Fri Dec 2 10:40:27 2016, in response to Re: William Rockefeller gets disability pension, posted by Henry R32 #3730 on Sun Mar 6 03:01:30 2016.

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Other states' laws and decisions are not binding precedent in New York or Federal Courts regarding New York cases. And as for dotting their Is and crossing their Ts, the Legislature, if the law is overturned, can simply point fingers at the Courts and they won't get blamed for writing a bad law, especially if they know there is no way to have it upheld.

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(1418181)

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Re: William Rockefeller sues Metro-North

Posted by Elkeeper on Fri Dec 2 15:27:16 2016, in response to William Rockefeller sues Metro-North, posted by Olog-hai on Thu Dec 1 19:25:28 2016.

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I have sleep apnea and that scumbag KNEW he had sleep apnea! He never told his bosses, so he would not lose his job. That's it- plain and simple!

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(1418188)

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Re: William Rockefeller sues Metro-North

Posted by AlM on Fri Dec 2 15:55:02 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 15:27:16 2016.

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Proof?



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(1418224)

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Re: William Rockefeller sues Metro-North

Posted by Bill from Maspeth on Fri Dec 2 19:37:13 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 15:27:16 2016.

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He claims he didn't.

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(1418227)

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Re: William Rockefeller sues Metro-North

Posted by Andrew Saucci on Fri Dec 2 19:46:35 2016, in response to William Rockefeller sues Metro-North, posted by Olog-hai on Thu Dec 1 19:25:28 2016.

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The best defense is a good offense.

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(1418236)

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Re: William Rockefeller sues Metro-North

Posted by Henry R32 #3730 on Fri Dec 2 20:19:03 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 15:27:16 2016.

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I had never even heard of it until now. For all I know I have it too, would explain why no matter how much sleep I think I've had (from 3 to 12 hours and everywhere in between), I end up dozing off at work for a few minutes. Of course the difference is if I doze off, nothing is harmed except for my pride.

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(1418242)

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Re: William Rockefeller sues Metro-North

Posted by Dutchrailnut on Fri Dec 2 21:24:18 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 15:27:16 2016.

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how did he know, if it was undiagnosed as per NTSB and FRA report ??
he had just has physical by his personal physisian and he just had MN company physical ??

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(1418243)

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Re: William Rockefeller sues Metro-North

Posted by Dutchrailnut on Fri Dec 2 21:32:12 2016, in response to Re: William Rockefeller sues Metro-North, posted by Fisk Ave Jim on Thu Dec 1 22:52:10 2016.

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Since the NTSB and FRA agreed it was a medical condition, Mr Rockefeller should have gotten a disability, but MTA denied him one.
so now he has to protect his house and family, he has had zero income for 3 years.

keep in mind Amtrak was forced to put in speed codes after Back bay. no nation wide mandate
Spuyten Duyvil no speed codes, but NTSB and FRA forced MN to put it in on any curve with a speed drop over 20 mpg. sounds familiar ??


Philadelphia train 188, NTSB and FRA ordered Amtrak to put in speed codes after train went flying ?? do we need a crash at any and all curves for railroad to wake up ??


the Cab cars and M series cars did not have alerters till after the Spuyten Duyvil crash ?? why Railroad did not want to update the cars until forced by NTSB and FRA ?? see pattern ??

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(1418244)

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Re: William Rockefeller sues Metro-North

Posted by Elkeeper on Fri Dec 2 21:32:24 2016, in response to Re: William Rockefeller sues Metro-North, posted by Henry R32 #3730 on Fri Dec 2 20:19:03 2016.

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You get up several times every night, you wake up tired, you fall asleep in classrooms to the point that you fall out of your seat, etc. Everyone asks you why you are falling asleep. There is a problem and you know that you have one. Sometimes, the solution is as simple as a C-Pap machine (I have 2 of them). This dirtbag murderer is blaming everyone else except the one person most responsible- himself! Please, put me on this jury!!!

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(1418245)

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Re: William Rockefeller sues Metro-North

Posted by Fisk Ave Jim on Fri Dec 2 21:44:04 2016, in response to Re: William Rockefeller sues Metro-North, posted by Dutchrailnut on Fri Dec 2 21:32:12 2016.

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But why wait till now?? Why didn't the litigation start sooner?? If he had such an ironclad case, would'nt you think it would be on the calendar by now?? Somebody got to him & fed him a line of shit about a big payday (aka MTA Lotto) & he bought it w/lawyers salivating of a big piece of the settlement pe

"Mr Rockefeller should have gotten a disability, but MTA denied him one."

No argument here since he was not convicted of anything, but thats a seperate issue. Thats a fight he should win

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(1418246)

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Re: William Rockefeller sues Metro-North

Posted by AlM on Fri Dec 2 21:44:35 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 21:32:24 2016.

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Everyone asks you why you are falling asleep.

Maybe he didn't/doesn't have as clear cut a case as you do.

Accusing someone of deliberate malice without any evidence is pretty objectionable.



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(1418247)

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Re: William Rockefeller sues Metro-North

Posted by Bill from Maspeth on Fri Dec 2 21:50:57 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 21:32:24 2016.

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You go on a jury and you make a decision based on the law.

You don't go in to hear a case with your decision already made.

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(1418248)

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Re: William Rockefeller sues Metro-North

Posted by Dutchrailnut on Fri Dec 2 21:53:51 2016, in response to Re: William Rockefeller sues Metro-North, posted by Fisk Ave Jim on Fri Dec 2 21:44:04 2016.

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there won't be big payday , a jury will decide how much in percentage guilt lays at MTA or at Mr Rockefeller. then lawyer will take about 75% leaving Mr Rockefeller about what he would have earned in next few years .

meanwhile he has no health insurance , no pension payments, he is not fired but MTA does not want him to work either in any kind of function, so his Limbo status got him check mate other than lawsuit.


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(1418257)

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Re: William Rockefeller sues Metro-North

Posted by pragmatist on Sat Dec 3 01:13:05 2016, in response to Re: William Rockefeller sues Metro-North, posted by Henry R32 #3730 on Fri Dec 2 20:19:03 2016.

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get a referral to a sleep lab and get tested. lots of people don't know they have it, and it doesn't present the same way in every person. treatment can usually (not always) make a world of difference, and lower the chances of other complications and sequelae. don't pay attention to the know it alls who think every case is the same, do and seek the advice of qualified medical persons.

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(1418261)

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Re: William Rockefeller sues Metro-North

Posted by Jackson Park B Train on Sat Dec 3 03:13:54 2016, in response to Re: William Rockefeller sues Metro-North, posted by Bill from Maspeth on Fri Dec 2 21:50:57 2016.

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absolutely correct

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(1418268)

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Re: William Rockefeller sues Metro-North

Posted by Joe V on Sat Dec 3 07:30:58 2016, in response to Re: William Rockefeller sues Metro-North, posted by Dutchrailnut on Fri Dec 2 21:32:12 2016.

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I think LIRR has been ahead of the curve at utilizing their ASC system to enforce speed limits on curves.

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Re: William Rockefeller sues Metro-North

Posted by Alan Follett on Sat Dec 3 11:32:16 2016, in response to Re: William Rockefeller sues Metro-North, posted by Elkeeper on Fri Dec 2 21:32:24 2016.

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Sorry, you'd never make it through voir dire. A peremptory challenge from the defense would be a sure thing.

Alan Follett
Hercules, CA

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(1418310)

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Re: William Rockefeller sues Metro-North

Posted by Broadway Lion on Sat Dec 3 12:03:18 2016, in response to Re: William Rockefeller sues Metro-North, posted by Dutchrailnut on Fri Dec 2 21:24:18 2016.

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And those physicals never test for sleep apnea.

ROAR

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(1418311)

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Re: William Rockefeller sues Metro-North

Posted by Dutchrailnut on Sat Dec 3 12:15:41 2016, in response to Re: William Rockefeller sues Metro-North, posted by Broadway Lion on Sat Dec 3 12:03:18 2016.

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Correct , they did start testing after NTSB and FRA made it a cause for accident at Spuyten Duyvil, and in tradition of railroad in-action , NJT did nothing, till Hoboken crash.


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Re: William Rockefeller sues Metro-North

Posted by Olog-hai on Sat Dec 3 12:46:35 2016, in response to Re: William Rockefeller sues Metro-North, posted by Bill from Maspeth on Fri Dec 2 21:50:57 2016.

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You go on a jury and you make a decision based on the law

Well, you're supposed to anyway.

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Re: William Rockefeller sues Metro-North

Posted by AlM on Sat Dec 3 12:50:02 2016, in response to Re: William Rockefeller sues Metro-North, posted by Alan Follett on Sat Dec 3 11:32:16 2016.

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No, not a peremptory challenge. A challenge for cause.



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Re: William Rockefeller sues Metro-North

Posted by Fisk Ave Jim on Sat Dec 3 12:55:26 2016, in response to Re: William Rockefeller sues Metro-North, posted by Broadway Lion on Sat Dec 3 12:03:18 2016.

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That strenghtenes his case against the MTA for unjust dismissal. He had an un diagnosed medical condition which caused the accident.

I can see it now. The MTA will offer re-instatement (in a non-operating craft) in return for dropping the lawsuit. This protects his pension & bennies. A lawsuit would drag on for years and cost them (taxpayers) a bundle, with no guarantees. I would take a deal like that in a heartbeat.
In my 38yrs, I've seen this done before. Back in the old days, they'd just ship them back to Conrail

But all this is hanging on the absolute certainty that he did not know he had sleep apnea.

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