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Subject: Woman sues: Didn't know trains travel on tracks!

Written By: GWBush2004 on 11/17/04 at 5:36 pm

It just doesn't get any dumber than this:

Caution: Do Not Walk on Tracks
Wednesday, November 17, 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.

Link to article: http://www.foxnews.com/story/0,2933,138751,00.html

--I guess she is the epitome of "loco" motive.  ;D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/17/04 at 6:48 pm

OK, that lady's an idiot and her lawsuit should be thrown out.  The problem is the right-wing uses the few ridiculous lawsuits to build a case for the kind of tort reform that would make corporations unaccountable to citizens.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/17/04 at 8:33 pm

I love pointless lawsuits! I like when a lady sued McDonald's for serving her hot coffee after accidently knocking it on to her lap.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Howard on 11/17/04 at 9:08 pm

How many times was she told not to walk on the tracks? ::)


Howard

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: GWBush2004 on 11/17/04 at 9:19 pm


I love pointless lawsuits! I like when a lady sued McDonald's for serving her hot coffee after accidently knocking it on to her lap.



Dang!  You beat me to it!

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: RockandRollFan on 11/17/04 at 11:45 pm

She's a bit off the track :D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/18/04 at 11:11 am


I love pointless lawsuits! I like when a lady sued McDonald's for serving her hot coffee after accidently knocking it on to her lap.


That's the one tort reform advocates always point to.  Yeah, I agree that was ridiculous.  I mean that lady did get grievously injured by the boiling coffee, but I still don't think it warranted a law suit.  We ought to expect hot coffee to be hot and take care.  You can't expect to lead a totally risk free life, and then sue whenever you have an accident.

That said, I think it unwise for regular citizens to trust the motivations of the powerful "tort reform" interests!

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: CatwomanofV on 11/18/04 at 12:29 pm

I heard a parody one time done to the tune of Jingle Bells. The only words I know is, "Yes it's true, you can sue". I tried looking for the rest of the words but it didn't "pay off".




Cat

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Indy Gent on 11/18/04 at 2:53 pm

I think this woman has trouble getting herself on track. ;)

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/18/04 at 2:55 pm



That's the one tort reform advocates always point to.  Yeah, I agree that was ridiculous.  I mean that lady did get grievously injured by the boiling coffee, but I still don't think it warranted a law suit.  We ought to expect hot coffee to be hot and take care.  You can't expect to lead a totally risk free life, and then sue whenever you have an accident.

That said, I think it unwise for regular citizens to trust the motivations of the powerful "tort reform" interests!


I wanna be a lawyer one day, they get paid alot and get lots of clients....  ::)

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: zcrito on 11/18/04 at 3:24 pm


OK, that lady's an idiot and her lawsuit should be thrown out.  The problem is the right-wing uses the few ridiculous lawsuits to build a case for the kind of tort reform that would make corporations unaccountable to citizens.


Good point, Max.

I was in a business law class years ago and the instructor was a lawyer and he once mentioned how insurance companies use those "ridiculous lawsuits" to sway public opinion in their favor. That's the first time I heard it.

It's like that McDonalds hot cup of coffee one. People talk about it all the time, but no one ever bothers to check out the facts...

http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/18/04 at 3:49 pm




Good point, Max.

I was in a business law class years ago and the instructor was a lawyer and he once mentioned how insurance companies use those "ridiculous lawsuits" to sway public opinion in their favor. That's the first time I heard it.

It's like that McDonalds hot cup of coffee one. People talk about it all the time, but no one ever bothers to check out the facts...

http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm




Coffee is supposed to be hot! No restaurant out there serves cold coffee (unless you count iced coffee and iced cappuccino).

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: zcrito on 11/18/04 at 5:28 pm




Coffee is supposed to be hot! No restaurant out there serves cold coffee (unless you count iced coffee and iced cappuccino).


Yes, but in a trial you're gonna have to define "hot". 80 degrees, 100 or say 180?

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Davester on 11/18/04 at 6:13 pm

  Not entirely accurate...

  Frankhouser is suing because she claims there were no signs posted warning pedestrians of the danger of approaching trains (according to the excerpt from the suit), not because "she didn't know trains travel on tracks..." 

  Sorta of reminds me of the McDonald's hot coffee incident in 1983...

  It's all utter, complete and unmitigated horsepucky, anyway...

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Howard on 11/18/04 at 7:32 pm




Yes, but in a trial you're gonna have to define "hot". 80 degrees, 100 or say 180?





She was supposed to drink the coffee slowly or just let it cool down a while till it gets warm. ::)


Howard

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/18/04 at 7:34 pm


   Not entirely accurate...

   Frankhouser is suing because she claims there were no signs posted warning pedestrians of the danger of approaching trains (according to the excerpt from the suit), not because "she didn't know trains travel on tracks..." 

   Sorta of reminds me of the McDonald's hot coffee incident in 1983...

   It's all utter, complete and unmitigated horsepucky, anyway...

"Horsepucky" is one of my favorite euphemisms!

Regarding the infamous McD's coffee suit, I do remember the coffee was EXTREMELY hot, I mean hotter than the temperature the human palate can tolerate without tissue damage.  I'm not saying whether or not the lady should have won, just that the coffee was much hotter than one would expect.

In my local police blotter I read of citations the police give people for 'walking on railroad tracks."  Numerous pedestrians do get killed every year by trains, that's why it's a citable offense.  Then there is suicide by train, which is extremely nasty.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Howard on 11/18/04 at 7:34 pm




Coffee is supposed to be hot! No restaurant out there serves cold coffee (unless you count iced coffee and iced cappuccino).



That's why Jamie that coffee should be cooled down a while till you drink it.


Howard

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Dagwood on 11/19/04 at 9:45 am


  Frankhouser is suing because she claims there were no signs posted warning pedestrians of the danger of approaching trains (according to the excerpt from the suit), not because "she didn't know trains travel on tracks..."



And it still should be tossed out.  Common sense tells you that if you see train tracks, a train may be coming.  Also, a train is made of metal and a lot bigger than you...it will win.  I think the judge should laugh her out of the courtroom.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: FussBudgetVanPelt on 11/19/04 at 9:52 am

Sounds to me like "her train left the station" some time ago if ya get my drift  ;)

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/19/04 at 1:09 pm


Part of the problem I have with the "hot liquid" lawsuits is that it's not up to the restaurant to decide what temperature it should be served at...it's the public health departments.  When I worked at a restaurant, I believe all hot "liquids" (i.e. coffee, tea, soup) had to be kept at 180o.  I could be a little off on the temp, but it was ridiculously high.

Maybe the logic there is boiling kills bacteria.  Anyway, I rarely get coffee or soup that's too hot to sip.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Tony20fan4ever on 11/25/04 at 9:09 pm


OK, that lady's an idiot and her lawsuit should be thrown out. The problem is the right-wing uses the few ridiculous lawsuits to build a case for the kind of tort reform that would make corporations unaccountable to citizens.
I wonder if the lady was left back in kindergarten!?! That's where I learned about safety....we even had a SONG that said "Don't go near the railroad tracks"...obviously the dumba** needs to learn that TRAINS TRAVEL ON RAILROAD TRACKS! The judge should sentence her to writing an essay about 'Why it was stupid of me to walk on the tracks and file this petty lawsuit'!

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: FussBudgetVanPelt on 11/26/04 at 10:03 am


Part of the problem I have with the "hot liquid" lawsuits is that it's not up to the restaurant to decide what temperature it should be served at...it's the public health departments.  When I worked at a restaurant, I believe all hot "liquids" (i.e. coffee, tea, soup) had to be kept at 180o.  I could be a little off on the temp, but it was ridiculously high.


I suggest it is up to the individual to use their tactile sense to judge  ;D  Of course, spilling it in one's lap DOES achieve that  :)

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/26/04 at 11:54 am

I still wanna be a lawyer!!!  ::)  ;D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Tony20fan4ever on 11/26/04 at 8:52 pm


She's a bit off the track :D
I heard she failed Romper Room lol....

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: AL-B on 11/26/04 at 8:55 pm



I heard she failed Romper Room lol....
When God was handing out brains she thought He said "trains" so she got left down at the station...

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/26/04 at 9:01 pm



When God was handing out brains she thought He said "trains" so she got left down at the station...


LOL!!!!!!!!!!  ::)

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: goodsin on 11/27/04 at 9:48 am

Hey, my friend got knocked over by a car the other day. There were no signs on the road indicating a car may be using it, do you think we'd have a case? ;D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: JamieMcBain on 11/27/04 at 11:44 am


Hey, my friend got knocked over by a car the other day. There were no signs on the road indicating a car may be using it, do you think we'd have a case? ;D


I wanna be your lawyer!!!!  ::)  ;D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/27/04 at 1:14 pm



When God was handing out brains she thought He said "trains" so she got left down at the station...

Very witty, Wilde, very, very witty!  I wish I had thought of that!
;D ;D ;D

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: AL-B on 11/27/04 at 1:51 pm



Very witty, Wilde, very, very witty!  I wish I had thought of that!
;D ;D ;D
Actually I heard that from a friend of mine when I was in the 4th grade, and when I read this story it was the first thing that came to mind.

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: Tony20fan4ever on 11/27/04 at 8:15 pm

Imagine this woman attending a NASCAR race...."hey lady! get off the racetrack! are you nuts!?! there's cars gonna go over 150 mph out there! they'll hit your sorry arse!"

Subject: Re: Woman sues: Didn't know trains travel on tracks!

Written By: MaxwellSmart on 11/27/04 at 8:23 pm



Actually I heard that from a friend of mine when I was in the 4th grade, and when I read this story it was the first thing that came to mind.

Oh, I remember it as "When they were handing out noses, you thought they were handing out roses, and asked for a big red one!"

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