SACRAMENTO, Calif. — A 34-year-old man who lost his legs when hit by an Amtrak train is suing the passenger operator, a Marysville, Calif., hospital, and doctor at that hospital, saying they are responsible for his injuries — and seeks more than $32 million in damages in a federal trial that began Thursday in Sacramento.
The Sacramento Bee reports the trial is over the events of Dec. 24, 2016, when Yuba City, Calif., police found Joe Nevis on a sidewalk, decided he was too drunk to take to jail, and took him to Rideout Memorial Hospital in Marysville, Calif. There, lawyers say, Dr. Hector Lopez noted he was wet and smelled of alcohol, but was medically stable and could be released.
Nevis left the hospital without his discharge papers at 2:02 a.m. and less than an hour later ended up lying on nearby railroad tracks, where his legs were amputated by the passing Coast Starlight. Unaware of the incident, the train’s crew kept going.
Court filings by Nevis’ attorney, Raymond McElfish, say he will ask more than $7.6 million in economic damages, and $25 million for pain and suffering.
Lawyers for the defendants view the events differently. During Thursday’s opening arguments, Amtrak attorney Jason Schaf said, “When a person trespasses on private property in the middle of the night and lays his legs on tracks that he knows to be active, he cannot blame a train for running over him.” Attorneys for the hospital and doctor argue he was assessed and treated properly.
The trial is expected to last three to four weeks.
Is he suing any alcohol manufacturers? or bartenders? How about the city who didn’t put him in a safe jail cell? unbelievable
This is a civil suit. With respect to Amtrak, just what negligence was alleged? With respect to Amtrak, how did this suit survive a motion to dismiss for failure to state a cause of action?
I’ll go further, the attorneys ate putting their own money out and expending their time for what I hope is a worthless case.
Attorneys take these cases on a fee contingency basis receive nothing if don’t prove their case.
The only people guaranteed to make money, corporate defense attorneys.
So, I guess now every hospital that admits a drunk patient will have to pay a guard to watch that they don’t walk away and get hurt. I sure wish I was on that jury. Maybe lawyers that take such cases should be fined for wasting the judge and jury’s time.
Dr Lopez should have Mr Nevis stay overnight at hospital in his stupor as patients are not allowed to leave alone under anaesthesia following treatment or examination.
The only thing Amtrak is guilty of is having the bad luck to have its train in the wrong place at the wrong time.
He was lucky he didn’t end up as a Darwin Award recipient.
3 to 4 minutes should really be the length of the trial…or long enough for the Judge to toss it out!
I’m most amazed by the statement that the trial is expected to last 3 to 4 weeks. 3 to 4 hours seems more like it?
Personal responsibility for one’s own actions? What?!? And because this happened in California, careful jury selection by the plaintiff’s attorneys will almost guarantee a win for this schmuck.
The only individual responsible for his happening is Joe Nevis.
The Merkan Lotto…..
BS amazing these attorneys cant be serious but I guess they are
They see $$$$
The guy left without his discharge papers. So the hospital had not officially released him. And if you drink to the point that you don’t know you are laying on railroad tracks I have 0 sympathies for you.
SMH
The attorneys will be sure to get theirs first.
Only in America……
You can say that again.