I didn't know anything about the case...but I do now. What the hell, there's a legitimate case here. This isn't the guy that insured his expensive cigars against fire damage, smoked them, and then put in a claim. (When the insurance company refused, he sued and won- but the insurance co later charged him with arson !)
No matter what did or did not took place later on, at the time of the incident:
- the doors closed on her violin strap which also was around her.
- there was a question of whether she was physically trapped.
- there was a question as to whether or not the "door clear" indicator light malfunctioned.
- there was no automatic safety feature to retract the door.
- no conductor observed the doorway and cleared it at the point that it closed and prior to, and during leaving the station.
- she actually was dragged more than 300 feet (reportedly 366 ') and horribly dragged under the wheels severing one leg and mangling the other.(I can't see anybody voluntarily holding on to an item which was bringing them to almost certain death, no matter how valuable, while being dragged 300+ feet, if they could release it.)
- the only reason that she's alive is that a passenger (not train personnel) hit the emergency stop, and...
- either that passenger, or other passenger(s) applied tourniquets to her as she was bleeding to death.
- she came damned close to being killed horribly.
- she's had multiple surgeries (40+) for a period of over fourteen years.
- she is maimed for life and walks with a pronounced hobble.(I do not know if doctors were able to re-attach her leg.)
- at the very least, her professional musical career was interupted for an extended period of time.
- she's got to have emotional damage after this one.
Now - Do you think that a safety sensor on the doors should have been installed ? Do you think that the indicator light should have been checked ? Do you think that a conductor should have visually cleared the doorway for departure ? (Apparently, on-board passengers saw the whole thing.) Who applied the tourniquets ? Was it an M.D. or EMT ? If not, why was it a passenger and not a member of the train crew (on the tracks) ? Why didn't a member of the train crew signal to stop the train ? What would have happened if no passengers saw her fall and she layed on the ROW unconscious ? What sense do you get regarding METRA's control of their operation at that station and on that train that day ?
What, do you think that everything is the "bottom line" and metal and machinery, people ? Have a heart for Christ's sake ! Why was this "passed without comment", you ask ? If it were in criticism of her award, I wouldn't have commented either.
~Paul Joyce~
Moderator: Toy Trains, Model Railroading, Outdoor and Live Steam
Paul Joyce passed away in August, 2013. We honor his memory and his devotion at railroad.net.