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[ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Newkirk Images on Wed Nov 18 05:40:45 2009

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LINK TO ARTICLE

JACKSON, Miss. — Helen Gable was taking pictures on the railroad tracks in Tupelo in 2006 when a train nearly cut off her leg as she tried to get out of the way.

Gable and her husband are suing the railroad company for nearly $6 million.

Gable says the company should have posted trespassing signs to keep people away.

The lawsuit also claims the train was exceeding federal speed limits and that a cable was hanging off the side and cut her.

BNSF Railway Company spokeswoman Suann Lundsberg said the company is investigating and is sympathetic to Gable's injuries, but "she admits in her lawsuit filing that she was trespassing" to take photos on the track.

Lundsberg also said BNSF has equipment that detects if something is hanging or dragging from a train.



Bill Newkirk

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(860346)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Train Man Paul : Metro-North's Best Conductor FOR ALL 3 LINES!!! on Wed Nov 18 07:57:14 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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WOW!!! One really, truly needs a sign to tell the obvious??? God help us all!! Only in America!!! :- /

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(860365)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by BMTLines on Wed Nov 18 08:43:26 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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Maybe next time she will win the Darwin Award - can't say she wasn't trying...

I can only hope the jury awards NOTHING!!

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iPhone 6 (4.7 Inch) Premium PU Leather Wallet Case - Red w/ Floral Interior - by Notch-It

(860370)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by mike cruz on Wed Nov 18 09:04:25 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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maybe cities should put no trespassing signs at every street corner. you COULD get hit by a car. hahahaha.

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(860372)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by RailBus63 on Wed Nov 18 09:05:56 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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This is why we need a change in our nation's laws. If someone files a lawsuit like this, the judge should have the right to force them to pay the defendant’s legal expenses if the jury verdict is 'not guilty'.

Seriously, people have no idea how much money is wasted by companies having to fight frivolous lawsuits - the lawyers are getting rich and the rest of us pay through higher prices for goods and services.


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(860376)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 09:16:57 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by mike cruz on Wed Nov 18 09:04:25 2009.

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Huh? You are allowed to cross the street at the corner. What you wrote makes no sense.

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(860386)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 09:45:54 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 09:16:57 2009.

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You're not thinking common sense, which the woman suing obviously lacks. It's rhetorical. Do you REALLY need to see warning sign to know you should be careful on RR tracks?

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(860389)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 09:55:52 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 09:45:54 2009.

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Huh? WTF are you talking about Hank? I fully understand the concept that signs shouldn't be needed at railroad tracks. But what the man wrote had nothing to do with that. Do try to follow along.

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(860391)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Karl M, Ex New Yorker on Wed Nov 18 09:58:53 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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Ha, the court should side with the railroad and FINE HER for trespassing and being stupid, yea cross the street at your own risk heh,heh, on each
street cornor...hey...wait a minute...they do... signs that say don't walk...heh,heh. Karl M

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(860392)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 10:04:33 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Karl M, Ex New Yorker on Wed Nov 18 09:58:53 2009.

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um, false. you don't cross the street at the corner at your own risk. that's the whole point. crossing the street at the corner is completely different from crossing the train tracks at somewhere other than a public grade crossing.

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(860394)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Karl M, Ex New Yorker on Wed Nov 18 10:08:37 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 10:04:33 2009.

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Not when you cross when it's RED....Karl M

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(860398)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by straphanger9 on Wed Nov 18 10:13:11 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by mike cruz on Wed Nov 18 09:04:25 2009.

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The nanny state strikes again.

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(860400)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 10:15:32 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Karl M, Ex New Yorker on Wed Nov 18 10:08:37 2009.

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Ok

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(860401)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 10:16:26 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by straphanger9 on Wed Nov 18 10:13:11 2009.

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nope. sounds like something Hank would say.

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(860406)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 10:21:54 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 09:55:52 2009.

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Take your head out, and stop taking everything literally. Someone made an off the cuff comparison of obvious reasons to be aware of your surroundings. You're trying too hard to start a conflict.

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(860411)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 10:32:42 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 10:21:54 2009.

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Nope. There are posts that makes sense and posts that don't. His, and many of yours, are the latter. Try harder.

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(860415)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by rr4567 on Wed Nov 18 10:39:47 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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Um, yeah. This lawsuit's gonna be a flop.

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(860433)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by straphanger9 on Wed Nov 18 11:18:46 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 10:16:26 2009.

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I don't know Hank nor do I presume to know what he would say...whatever your issue with him please leave me out of it...

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(860434)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 11:19:33 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 10:32:42 2009.

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I'm not here to please you. If you don't like what I've posted...well, too bad, then.

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(860437)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 11:21:13 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by rr4567 on Wed Nov 18 10:39:47 2009.

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You'd be surprised what juries will do. :(

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(860439)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Broadway Lion on Wed Nov 18 11:22:07 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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? Would she have paid any attention to the sigh if there was one.

When you post "No Hunting" signs in North Dakota, you only have to post them at roads that enter the posted section, and at the corners of the section (ie 1 mile apart) If one wanted to see if hunting was permitted on a certain section, then one knows where to look to see if there is a sign. (Ergo you cannot just put "No Hunting" signs along the fence line and expect them to somehow be valid.

BTW: this year we posted "ASK" signs, telling that we permit hunting, but please come to our office and ask permission. We will tell you where the cows are (you don't shoot at the cows or buildings.) and we will tell you where the game that we want to get rid of will usually be found.

But this lady already *knew* that she was not walking on her own property, and that the property with the shiny steel rails was probably arranged by somebody for some purpose. If she does not know what a railroad is, then she should not be let out side of the plastic bubble that she was spawned in.

ROAR

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(860451)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by streetcarman1 on Wed Nov 18 11:44:56 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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"Gable says the company should have posted trespassing signs to keep people away."

A judge and/or jury...will say....where is your common sense? A railroad ROW is not a public park....so she can't use that old line...

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(860456)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by rr4567 on Wed Nov 18 11:55:37 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 11:21:13 2009.

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They'll probably be in favor of the woman.

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(860457)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Stephen Bauman on Wed Nov 18 11:59:20 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by RailBus63 on Wed Nov 18 09:05:56 2009.

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people have no idea how much money is wasted by companies having to fight frivolous lawsuits - the lawyers are getting rich and the rest of us pay through higher prices for goods and services.

Lawyers who file these claims are usually working on a contingency basis. They get nothing unless their client wins. So, the lawyer, who knows the law, must see some reasonable chance of winning or else he is just wasting his time and his money in taking the case.

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(860460)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Jon Bell on Wed Nov 18 12:01:08 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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I seem to remember that there was a lawsuit not too long ago after someone climbed on top of an electric train in a yard at night and electrocuted or severely injured himself on the overhead. How did that turn out?


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(860463)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Stephen Bauman on Wed Nov 18 12:09:40 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Broadway Lion on Wed Nov 18 11:22:07 2009.

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this year we posted "ASK" signs, telling that we permit hunting, but please come to our office and ask permission. We will tell you where the cows are (you don't shoot at the cows or buildings.)


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(860465)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by streetcarman1 on Wed Nov 18 12:24:32 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Jon Bell on Wed Nov 18 12:01:08 2009.

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Or what the kid who's father sued the MTA cause his son went through an open hole somewhere in Rego Park and got hit by an LIRR train...he says the MTA should have done a better job at fixing up the fence so his son could not get to the tracks...even though the father never admits to whether or not he taught his son not to go near the tracks since they live in the area.

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(860487)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by The Flxible Neofan on Wed Nov 18 13:24:12 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Train Man Paul : Metro-North's Best Conductor FOR ALL 3 LINES!!! on Wed Nov 18 07:57:14 2009.

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Signs don't work, though. Especially if the person already knew better.

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(860491)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by The Flxible Neofan on Wed Nov 18 13:38:17 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 10:04:33 2009.

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you don't cross the street at the corner at your own risk.

Sure you do. You walk down the sidewalk at your own risk as well (cars can come flying off the sidewalk, though). However, the anology (in a previous post) of putting up signs at every corner isn't quite accurate, as people's presence in the street isn't technically "tresspassing" (unless it's a private street).

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(860492)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 13:38:23 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 11:19:33 2009.

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haha, you're just realizing this now?

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(860507)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by mshull on Wed Nov 18 14:02:22 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Broadway Lion on Wed Nov 18 11:22:07 2009.

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BEST POST!!!!!

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(860511)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Chris R16/R2730 on Wed Nov 18 14:08:50 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by RailBus63 on Wed Nov 18 09:05:56 2009.

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This is why we need a change in our nation's laws. If someone files a lawsuit like this, the judge should have the right to force them to pay the defendant’s legal expenses if the jury verdict is 'not guilty'.

It's called tort reform, and conservatives have been trying to pass it for decades. Like labor unions, trial attorneys have the Democrats bought and paid for, so good luck!

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(860527)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 14:29:50 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 13:38:23 2009.

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Nothing to realize. I recognized your personality quite some time ago. I suggest you get used to the saddle.

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(860546)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 14:47:35 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by The Flxible Neofan on Wed Nov 18 13:38:17 2009.

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Nope. You are protected under the law when you walk on a sidewalk and when you cross a street at the corner. You are not protected under law when you cross railroad tracks in a situation that involves trespassing.

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(860550)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 14:50:49 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 14:29:50 2009.

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Nope. I suggest you ignore my posts if you don't like something and can't be bothered to reply truthfully.

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(860576)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 15:37:49 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 14:50:49 2009.

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I always reply truthfully. I ignore what I want to ignore. Despite your issues, or other people's issues with you, you do occasionally post useful information, and I can't knock your photography.

In fact, I have on a number of occasions defended you.

As I said, it's your problem, you have to live with it. I can do what I please, and you're just as welcome to ignore what I post as I am to ignore you.

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(860578)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 15:58:09 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 15:37:49 2009.

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No. You do not always reply truthfully. And if you're not going to, then don't reply at all.

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(860579)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by randyo on Wed Nov 18 15:59:37 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Stephen Bauman on Wed Nov 18 12:09:40 2009.

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Tom Lehrer was a great song writer and humorist. Is he still alive?

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(860584)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Mitch45 on Wed Nov 18 16:13:16 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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America - land of the free and home of the lawsuit.

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(860595)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Hank Eisenstein on Wed Nov 18 16:37:07 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 15:58:09 2009.

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Put up, or shut up. I have made mistakes, I've posted facetiously, but I've never purposely posted a lie.

That's MY NAME on my posts, not a nom-de-plume. I'm not so ashamed of myself that I need to hide who I am.

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(860609)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Orange Blossom Special on Wed Nov 18 17:12:17 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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"that a cable was hanging off the side and cut her."

There are different levels of trespassing and what level of care the owners have to take to make sure you aren't injured. While the terms are exactly right, I would like to see what level of reasonable expectation a railline has to think about to keep ppl safe in such circumstances.

Otherwise, no case. How is she going to prove a burden on the railway when said railway is claiming the detectors found NO defects. That's like a reverse uncalibrated radar gun for the speeder defense.

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(860610)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Orange Blossom Special on Wed Nov 18 17:13:34 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Broadway Lion on Wed Nov 18 11:22:07 2009.

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don't ask don't tell

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(860612)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Orange Blossom Special on Wed Nov 18 17:15:26 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Stephen Bauman on Wed Nov 18 11:59:20 2009.

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Yea but, I'm not sure what the situation has to be, but there are times when the company or vice versa has to pay the legal fees of the trial no matter which way it goes.

Or maybe I'm thinking of company or credit agreements.

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(860614)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 17:16:31 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Hank Eisenstein on Wed Nov 18 16:37:07 2009.

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Your mistakes are so obvious that it is hard to believe that they are not lies. Wanna be safe? Don't post about me. Very simple. Take care.

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(860693)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Grand Concourse on Wed Nov 18 18:58:57 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by streetcarman1 on Wed Nov 18 11:44:56 2009.

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This is what they should do: any jury memebers that feels the 'victim' deserves a money settlement should be the first to 'pay up'.

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(860701)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Terrapin Station on Wed Nov 18 19:03:52 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Grand Concourse on Wed Nov 18 18:58:57 2009.

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no

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(860763)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Karl M, Ex New Yorker on Wed Nov 18 19:59:39 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Terrapin Station on Wed Nov 18 14:47:35 2009.

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Well jaywalking is illegal, you get tickets for that...besides...
heh,heh, " cross at the green...don't die in between " Karl M

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(860808)

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Nilet on Wed Nov 18 21:01:06 2009, in response to [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Newkirk Images on Wed Nov 18 05:40:45 2009.

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Eh.

Good rule of thumb: Whenever you hear of a suit involving massive damages for a clearly frivolous claim, you'll find that more often than not either

1. It never really happened— no damages were awarded or the entire case was an urban legend.

or

2. It's not really frivolous— the information establishing the merit of the case was left out of all the news reports.

In this case, I would imagine that the suit will end up in Category #1, No Damages Awarded. Of course, it's too soon to say— although the incident in question apparently happened in 2006, the case was only filed four (business) days ago.

Nilet Railroad

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Nilet on Wed Nov 18 21:03:36 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Chris R16/R2730 on Wed Nov 18 14:08:50 2009.

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Actually, tort reform is about protecting corporations and powerful interests from legitimate claims so that they can save money by using inferior materials and shoddy work without having to worry about lawsuits if and when people are injured by their products.

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Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures

Posted by Subterranean Railway on Wed Nov 18 21:05:37 2009, in response to Re: [ARTICLE] Woman Sues RR For Injuries While Taking Pictures, posted by Nilet on Wed Nov 18 21:03:36 2009.

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The Snopes article on the subject is pretty good.

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