Woman sues Norfolk Southern - a news item:

[nw-mailing-list at nwhs.org]

Ultimately, the fault lies with judges and juries that allow this sort of
thing to be profitable for "victims" and lawyers.

John Simmons

-----Original Message-----
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Sent: Wednesday, November 17, 2004 8:33 AM
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Subject: RE: Woman sues Norfolk Southern - a news item:


I would like to say "unbelieveable" but, unfortunately, all too typical of 
our society's attitude today, where "nothing is my fault".  Had she been hit

a little harder, would have been a candidate for the Darwin Awards.  Where 
is the legislation we need  for frivolous lawsuits?

Ed Svitil

>From: nw-mailing-list at nwhs.org
>Reply-To: "N&amp;W Mailing List" <nw-mailing-list at nwhs.org>
>To: nw-mailing-list at nwhs.org
>Subject: Woman sues Norfolk Southern - a news item:
>Date: Tue, 16 Nov 2004 15:33:50 +0000
>
>Have you ever wondered why NS and other railroads are so unfriendly toward 
>"visitors" on their property?  Just read this news item from the Pittsburgh

>Tribune-Review:
>
>
>Woman struck by train sues Norfolk Southern
>
>PITTSBURGH, Pa. - A Jeannette, Pa., woman who was injured after being 
>struck by a train while walking along railroad tracks sued Norfolk Southern

>last Thursday for failing to warn pedestrians that trains travel on 
>tracks!, according to a story on the Pittsburgh Tribune-Review website.
>
>According to the suit, Patricia M. Frankhouser is seeking an unspecified 
>amount in excess of $30,000 from the railroad for a January 6 incident that

>left her with a broken finger, cuts on her hand, and pain. Greensburg, Pa. 
>attorney Harry F. Smail, Jr., who represents Frankhouser, was not available

>for comment.
>
>According to the suit, Frankhouser was walking along the tracks near 
>Seventh and Eighth streets in Jeannette. Smail argues that the railroad was

>negligent for failing to post signs warning of the dangers of walking near 
>train tracks and that the tracks were actively in use.
>
>"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," the suit states. The filing does not indicate why Frankhouser 
>failed to hear the oncoming train and get out of its way. It also does not 
>state the manner of her apparent trespassing, whether she was crossing the 
>tracks or walking in between, or along, them. No hearing has been set. 
>Jeannette is 30 miles east of Pittsburgh on the main line to Altoona and 
>Harrisburg.
>
>
>Jerry Kay, Portsmouth, Virginia
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