JOHNSTOWN, Pa. — A jury has found the crew of a CSX Transportation freight train was not negligent in its operations when the train struck and seriously injured a pedestrian in a 2013 accident.
The Altoona Mirror reports that the jury in the federal civil case, contested in U.S. District Court in Johnston, found the crew not negligent in the case brought by Jonathan Lopez, 34, who suffered injuries including loss of his leg below the knee and a brain injury when struck by the train on Jan. 13, 2013. He had been seeking more than $2 million in damages.
In pretrial statements, Lopez contended the crew failed to exercise reasonable care by traveling in excess of an 11 mph speed limit — it was traveling an estimated 11 to 14 mph —and “chose not to … stop the train and avoid striking and running over the pedestrian.”
CSX contended Lopez was primarily responsible because he was walking with his head down while listening to music. The accident occurred at a marked grade crossing with warning lights, and CSX’s pretrial statement said, “Had he listened, the bell, horn, and ambient noise of the train itself were there to be heard.”
Seems forward on board cameras has reduced and?or stopped many of these lawsuits from people like this guy.
I recall an incident in Conway, SC, many years ago when a train ran over a drunk who laid down on the track to sleep it off. The crew saw him and dumped the air. Despite the restricted speed, they couldn’t stop. The drunk survived, albeit without an appendage or 2. The drunk sued CSX and the railroad settled for a substantial amount.
The guy shouldn’t have gotten a dime.
Finally, a dimwit doesn’t get a payday from his own stupidity.
As a retired locomotive engineer, I was glad to see that the CSX and its crew were exonerated. It is routine to watch vehicles and pedestrians going around crossing gates. Of many such incidents my personal most bizarre involved a man in an electric wheel chair moving around the gates and into my path. Despite the crossing being whistle free, I laid on the whistle. Fortunately, the man got across. He also found himself being yelled at by several angry motorists who had witnessed the scene.
Did you say something? Couldn’t hear you….
Lol!! That’s a sad truth though
In Germany, even in the late 80’s, it was illegal to walk about with earphones on. GI’s with walkman headphones ( the latest technology then!) were walking into the path of traffic and streetcars and being injured or worse. I now see lots of people with mini golf clubs in both ears and wonder if the same results will happen.
The bad news about this is that the case took eight years before it was decided, not exactly prompt judgement. With this kind of delay the our legal system isn’t working.
I totally agree with you. Eight years to come to trial is ridiculous. Glad they got the right outcome though.
At least the jury showed common sense won this time in recognition that we must take personal responsibility for our actions!
Only in America would his lawyer keep his law license.
Totally agree Charles, totally agree.