RR didn’t warn not to walk on tracks

“A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.” Patricia Frankhouser suffered a broken finger as well as cuts and scrapes; her lawyer, Harry F. Smail Jr. of Greensburg, “argues that […]

“A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.” Patricia Frankhouser suffered a broken finger as well as cuts and scrapes; her lawyer, Harry F. Smail Jr. of Greensburg, “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.'” (Matthew Junker, “Woman struck by train sues railroad”, Pittsburgh Tribune-Review, Nov. 5). Other counts in the suit include the railroad’s failure to put up gates and the failure of its engineer to stop faster or yield the right of way. (“Jeannette woman sues railroad”, Pittsburgh Post-Gazette, Nov. 9). Updates Nov. 23: more on case including attorney Smail’s defense of suit; Feb. 20 (RR asks dismissal).

4 Comments

  • You have got to be kidding

    You don’t know whether to laugh or cry when you see something like this. I like the Overlawyered site but it really makes me wonder about the future of the Republic after reading of some of these lawsuits….

  • Jackpot Litigation

    For those who still hold out belief that the tort system today is still primarily about justice rather than just hijacking deep pockets, read this post at overlawyered.com.

  • Woman Sues Railroad for Failing to Yield Right-of-Way

    If there is any doubt that some form of serious tort reform is in order, this should easily dispel every last fleeting shadow. According to the complaint, the woman, who was struck by a train while walking along the tracks,…

  • Woman Sues Railroad for Failing to Yield Right-of-Way

    If there is any doubt that some form of serious tort reform is in order, this should easily dispel every last fleeting shadow. According to the complaint, the woman, who was struck by a train while walking along the tracks,…