Caution: Do Not Walk on Tracks

September 23, 2004
A Pennsylvania woman who was struck by a train has sued the rail company — for failing to warn her that trains travel on railroad tracks.

Patricia M. Frankhouser filed suit on Nov. 4 seeking damages in excess of $30,000 from Norfolk Southern Corp. (search), according to the Pittsburgh Tribune-Review.

Last January, Frankhouser was hit by a train as she walked along railroad tracks in her hometown of Jeannette, Pa., a southeastern suburb of Pittsburgh.

Amazingly, she came away from the encounter with only a broken finger, some cuts and, according to the lawsuit, "pain."

Apparently, however, the incident was traumatic enough for her to hire a lawyer.

"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," Frankhouser's suit asserts.

It goes on to state that Norfolk Southern, based in Norfolk, Va., should have posted signs warning passersby "of the dangers of walking near train tracks and that the tracks were actively in use."


Nowhere in the filing does it say whether Frankhouser heard the train coming, why she failed to get out of the way or even whether she was walking alongside or in between the rails.

Her attorney did not return the Tribune-Review's call

 

I shouldn't even mention this because I'm sure jokes will arise, but while I was at A&M there was actually a sign at one of the pedestrian crossings over the tracks that said something to the effect of "Do not approach tracks when train is present." I always thought it was pretty stupid that they felt the need to post such a sign, but apparently there are people out there too dumb to stay off the tracks.

Amazing that someone would sue over something like this.

 

Rich

 

Several years ago, i worked a two fatality accident, ped vs. train.
Mom and Pop decide they want to fish a small creel under a RR overpass.
They hike through the woods, passing two NO TRESSPASSING signs posted by U.P.
They lifted them up over the 5 ft chain link fence ( right at a 3x5 foot NO TRESSPASSING sign) along the RR right of way, and cross the tracks down to the creek. The kids get bored, so they go up onto the train trestle to play. They are sitting above Mom and Pop hanging their feet over the side of the bridge when along comes a coal train doing about 50 mph.
They never had a chance.
Mom and Pop got to watch the train hit their kids, one traveled over 65 ft through the air before he died. they other was killed instantly.
Mom and Dad sued U.P RR saying their was "insufficent " No Trespassing warning.
They won and were awarded a quarter mill.
This is not one of those urban legend stories about stupid juries, I actually had to testify at the trial.
I had wanted to charge the parents with felony child endangerment and manslaughter myself, but the DA said no..... they had suffered enough....

Bet that woman wins......

 

This really drives home the need for some serious tort reform. It's amazing how the courts are now being used as an excuse for stupidity on the part of some individuals.

 

It's the "victim mentality" we've imbued into our society. No one is responsible for his/her own actions. Anything that happens to me is someone else's fault. God help us all!

Rusty

 

This country is going downhill fast....

 

Welcome to America. The only place in the world that pays you for being stupid.

 

I was hunting on Fort Polk in La. and while driving thru the property saw a couple of signs that actually said "YEALD TO TANKS".

 

Sadly you hit the nail right on the head

You are correct in stating that our society as a whole is teaching it's children that it is always someone's fault other than their own. And that all you have to do is hire an Attorney and there is a pot of gold at the end of every mistake or accident, even for your own reckless stupidity.

 

Wow...you'd think if they were going to go to the trouble of posting sings that they'd also take the time to make sure they spelled the words correctly.

 

Ummm....Hoss, you misspelled "sign".

Rusty

 

Doh!! I hate it when that happens.