Drunken 15 year old falls a sleep on train tracks, looses arm and legs, sues the railroad company

[Czar]

http://web.sanluisobispo.com/content/slo/2001/12/08/community/slo45088.htm

 

[JohnCU]

And the stupid thing is he'll probably win.

 

[guyver01]

According to a Grover Beach police report, Clapp?s blood alcohol level shortly after the accident was 0.229 ? nearly three times the legal limit for an adult operating a motor vehicle.



yeah... sleeping...riiiiight.. passed out drunk is more like it.

what's he doing walking across railroad tracks drunk??

?It?s really not a question of excusing Cameron from any responsibility that he might have for his own conduct but about making other people responsible for their misconduct,? Murphy said.


hmm... remove the "for their misconduct" and replace "for his misconduct" and it reads right


?It?s really not a question of excusing Cameron from any responsibility that he might have for his own conduct but about making other people responsible for his misconduct"

that sounds better

 

[HigherGround]

only in America

 

[Pepsi90919]

<< ?These horns are enormously powerful and can literally wake the dead.? >>



uh...huh.

 

[Brutuskend]

Typical.

"And those tracks just looked SOOO comfy!!"

 

[Renob]

Dam it only missed cutting off his head by a few feet.

 

[UberNeuman]

I wonder if Union Pacific Railroad can sue the kid for disrupting their service by laying his dumb drunk ass on their railroad tracks?

 

[Sir Fredrick]

<<

<< ?These horns are enormously powerful and can literally wake the dead.? >>



uh...huh. >>



My thoughts exactly...

 

[Barnaby W. Füi]

good point uber

god anyone can just sue anyone saying their feelings got hurt or some stupid crap.

i'm gonna sue the sun for keeping me awake!

 

[Brutuskend]

They SHOULD have sounded the horn!

My guess is one of two things would have happend.

#1 He stands up and BAM, no plantif.
#2 He crawls over the tracks a bit and BAM, no plantif.

Either way, end of story!

 

[Azraele]

A similar thing happened here in my town. The mayor's son got trashed and high, then went playing on the train tracks. His g/f saw a train coming and went on the tracks to try and get him down. Neither one of them made it, and, despite that fact that the tracks and surrounding land were posted "No Tresspassing," the mayor sued and got a nice sum of money.

 

[Looney]

Actually, that's a very good question... why didn't they sound the horn or try to brake? Perhaps they were asleep at the wheel? Lets use this hypothetical example, if a drunk passed out on the road, and the driver of an 18 wheel rig fell asleep, and ran the guy over, who's held accountable? The drunk? The driver? Or both?

 

[Czar]

<< Actually, that's a very good question... why didn't they sound the horn or try to brake? Perhaps they were asleep at the wheel? Lets use this hypothetical example, if a drunk passed out on the road, and the driver of an 18 wheel rig fell asleep, and ran the guy over, who's held accountable? The drunk? The driver? Or both? >>


They did brake, like they said, they were to busy braking that they forgot to sound the horn.

 

[arigato]

Even if they did activate the emergency brakes, it still takes a while for a train to slow down. Their mistake was not sounding the horn though it probably wouldn't have done any good and the kid will probably win because of that despite the fact that he was underage and drinking.

Also, does this lawyer really have proof that some dead have awakened at the sound of a train horn? I'd like to see some of those stats myself as I live right by a train (and near a grave yard) and have yet to see a 'Thriller' revival happen

 

[oLLie]

<< only in America >>



Yep.



<< A similar thing happened here in my town. The mayor's son got trashed and high, then went playing on the train tracks. His g/f saw a train coming and went on the tracks to try and get him down. Neither one of them made it, and, despite that fact that the tracks and surrounding land were posted "No Tresspassing," the mayor sued and got a nice sum of money. >>



Damn, alcohol sucks.

 

[tweakmm]

<<
Damn, alcohol sucks. >>


no, don't blame the drug. Some people are just stupid. I feel sorry for him, but he is an idiot.
I am his age and I would never hang out around a railroad drunk....

 

[ddave]

That sucks.

Can Union pacific sue the person that sold/served him alcohol?

 

[LordJezo]

Reading that makes me so angry.

Stupid lawyers.

 

[normajean]

No way will he win, what about the railroad law...where it is illegal to walk on railroad tracks? The company may settle just to avoid bad press, but they should fight.

 

[Platypus]

I hope money can replace his immobility and his ruined life. What a piece of trash.

 

[Looney]

They did brake, like they said, they were to busy braking that they forgot to sound the horn.

Ah my mistake... that's what you get for speed reading (i know, i suck at it). I guess it's understandable, i mean how often do they see people laying on the tracks that they have to hit the emergency brakes. They were probably so freaked out they weren't thinking too clearly.

 

[Elledan]

<< They did brake, like they said, they were to busy braking that they forgot to sound the horn.

Ah my mistake... that's what you get for speed reading (i know, i suck at it). I guess it's understandable, i mean how often do they see people laying on the tracks that they have to hit the emergency brakes. They were probably so freaked out they weren't thinking too clearly. >>

Well, at least they were thinking a lot more clearly than the drunk kid.

It's his own stupid fault. Let him live with it.

 

[RSI]

Link isn't working.

-RSI

 

[damocles]

Faller told police they did not see the boy?s body until Clapp was approximately 100 feet north of the train.

If that is the case, then they probably had a total of 2-3 seconds to react from the moment they saw him until the train hit him.

I wonder if this attorney is an ambulance chaser, perhaps he should sue the parents for letting their child get trashed out of his mind?