CHARLOTTESVILLE, Va. — The driver of a garbage truck has been found not guilty of charges resulting from a 2018 accident in which his truck was hit by a chartered Amtrak train carrying Republican members of Congress, resulting in the death of one person aboard the truck.
Dana Naylor Jr., 31, was acquitted of involuntary manslaughter in the Jan. 31, 2018, crash, which came when the truck was hit a grade crossing in Crozet, Va., by the train carrying congressmen to a retreat at The Greenbrier resort in West Virginia. [See “Amtrak special for members of Congress strikes truck in Virginia,” Trains News Wire, Jan. 31, 2018.] The decision came after five hours of deliberation by jury last week, the Daily Progress newspaper reports.
An additional charge, maiming under the influence, was dropped after the judge in the case ruled some blood evidence and scientific testimony was inadmissible.
Christopher Foley, 28, was killed in the accident and another passenger was severely injured.
The prosecution claimed Naylor had driven around crossing gates at the accident site, while the sole witness called by the defense claimed she had seen the gates malfunction frequently during her three years living near the accident site.
Even with gates possibly malfunctioning isn’t the fact that there are crossbucks present which are the same as a yield sign should be sufficient. Apparently not in VA.
McDonald’s lost the lawsuit because they knowingly served dangerously hot coffee (180 to 190 degrees was a corporate directive) for over 10 years that resulted in over 700 injuries without warning consumers. Temps that high can cause 3rd degree burns in 3 to 7 seconds. In this particular case, the 79-year old person had 3rd degree burns over 6% of her skin and lessor burns over 16%. She was in the hospital for 8 days, received skin grafts, and was under medical treatment for 2 years. She wanted $20,000 to cover medical expenses and loss of income for her daughter who had to take care of her. McD offered $800.
Her lawyers tested coffee across the city and found that all other restaurants served coffee at least 20 degrees cooler than McD. Coffee at 160 takes 20 seconds to cause 3rd degree burns vs. 3 seconds at 190. And remember, 1st degree burn is a sunburn, 2nd degree blisters, 3rd degree destroys skin.
There is also the witness who said the crossing gates malfunctioned routinely. That seems to have been enough to let the driver off a mighty big hook.
Don’t you love it when you can blame everything you don’t like on those damned liberals?
Remember this the next time you choose not to serve on a jury.
Going back to Richard’s point, doesn’t Amtrak have on board camera’s? And the resident saying in 3 years she has seen the gates malfunction frequently. That’s all perspective. What is frequently in her mind? 3x’s in 3 years? 10x’s? 30x’s? If so, wouldn’t train crews see gates malfunction & report same to the signal maintainer? Lots of loose ends.
In a liberal justice system it doesn’t matter who is actually at fault, Amtrak and the host railroad have the money so they will be the ones found guilty and sued for negligence.
Meanwhile, P42 Number 145 sits languishing unrepaired at Beech Grove. This locomotive travelled throughout America including pulling The Sunset Limited through Houston. Now its future is uncertain because of a reckless driver whose negligence killed his co-workers.
Doesn’t Amtrak have cameras in their locomotives?
That’s right up there with McDonalds losing a lawsuit for serving hot coffee
should I ever become a locomotive engineer, I would always place my own GoPro camera in the cab with me.