Posted on 11/17/2009 8:59:39 PM PST by Mount Athos
Helen Gable was taking pictures on the railroad tracks in Tupelo in 2006 when a train cut her leg nearly off as she tried to get out of the way.
Gable and her husband are suing the BNSF Railway Co. for nearly $6 million. The husband wants $575,000 for "his mental anguish and loss of consortium and sexual relations with his wife."
Helen Gable says in the lawsuit that the company should have posted no-trespassing signs to keep people away from the tracks.
She also claims the train was exceeding federal speed limits and that she was injured by a cable or wire that shouldn't have been hanging off the side of the train, according to the lawsuit, which was first filed in Mississippi state court then transferred last week to U.S. District Court.
"Helen Gable, while taking pictures of her niece's daughter, was exercising due care" while standing on the tracks, the lawsuit said.
Gable's foot got stuck in the rocks about six feet from the tracks when she tried to get out of the way, the lawsuit says. It took six surgeries to repair the damage to her right leg.
BNSF Railway Company spokeswoman Suann Lundsberg said the company is investigating and is sympathetic to Gable's injuries. But Lundsberg also said Gable "admits in her lawsuit filing that she was trespassing" to take photos on the track.
"What may have seemed a harmless photo opportunity is among the more dangerous activities any human being can engage in with a railroad," Lundsberg said.
Lundsberg also said BNSF has equipment that detects if something is hanging or dragging from a train.
"Simply stated: Trains cannot stop quickly, and people need to be safe and responsible around railroad tracks," Lundsberg said. "BNSF does have trespasser abatement programs and our train crews, resource protection personnel and other BNSF employees are all trained and instructed in the dangers associated with trespassers on the railroad."
Gable's attorney did not immediately respond Tuesday to a message.
Do you think she has a leg to stand on?
She will probably get it!
“...”his mental anguish and loss of consortium and sexual relations with his wife”
I thought it said her LEG nearly got cut off.
A leg? Hardly. She needs to change her name to Eilean. Or Stumpy.
Wow!
Lots of people get near railroad tracks, especially in subways!
Let’s turn this into a class action suit so that all city dwellers can get a piece of the action!
Only in America.
Yes, you can sue for anything and this isn’t news of a settlement. However, Americans could learn how to handle situations like this from just about any other country and be better off.
haha, a leg to stand on. hardihar.
So now he wants to screw the railroad.
Oh, those Democrats!
He could have had Spitzer's high-priced whore for a lot less than that!!!
The problem with this country is we have too many idiots AND too many lawyers. This case should be thrown out of court!
Idiot clause? I doubt it. Too stupid to think about that.
On the more serious side in our local paper this past week there have been two articles about trespassers on railroad property. One was hunting, and I forget the other. According to the news items the RR is cracking down on people that are on RR property around here.
She should get a job at IHOP!
Oh, did the choo-choo make a boo-boo?
You can make it all better by playing in the middle of I-20 about 10:30PM. It’ll be lots of fun. Be sure to wear dark clothing and wave at the nice truckers.
Why do the courts waste time and taxpayers’ money with this crap!!??
Lawyers are the scum of the earth
Uncle Warren is gonna PAY!
Obviously, the railroad was negligent. The didn’t have a sign saying, “Stay off the tracks. This means you, stupid.”
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