Railroad Forums 

Discussion relating to the operations of MTA MetroNorth Railroad including west of Hudson operations and discussion of CtDOT sponsored rail operations such as Shore Line East and the Springfield to New Haven Hartford Line

Moderators: GirlOnTheTrain, nomis, FL9AC, Jeff Smith

 #1427820  by DutchRailnut
 
The family of a man killed by a train at the Darien train station can’t sue Metro-North Railroad for negligence by federal law, a judge has ruled. In a case of first impression, Superior Court Judge Michael Kamp on Thursday threw out the suit brought against the railroad by Jamey Murphy, of Darien, who claimed a speeding train had been on the wrong track when it struck and killed her husband Dec. 2, 2013.
http://www.stamfordadvocate.com/local/a ... 072306.php" onclick="window.open(this.href);return false;
 #1427853  by SemperFidelis
 
It seems an odd legal course to plot: The train was on the wrong track... If they have something other than the "railroad safety expert's" word, perhaps an internal MTA memo recommending that through trains use the tracks furthest from the platforms for reasons of passenger saftey, then this might make some sort of sense. Of course, if they had such a memo, it would have been presented and this case would probably not have been thrown out.

It seems to me, given how many similar cases one reads of, that filing a suit based on poor maintenance (presence of ice in a very dangerous area) would have made much more sense than suing based on dispatching decisions.
 #1427964  by ExCon90
 
A question for lawyers from a non-lawyer: if a plaintiff offers a statement from a rail "expert," must the expert be made available for cross-examination (assuming the case comes to trial)?
 #1428087  by Tadman
 
You bet. Otherwise each side would hire a few expert witnesses, who would then say the other side is lying, and you wouldn't be any further than you were without the experts.

Keep in mind an expert witness is just that, a witness. Lawyers will use the same method to discredit opposing expert witnesses: destroying credibility, getting them to contradict themselves, showing that their testimony is irrelevant, etc... just like they would with an eye witness.
 #1428339  by Darien Red Sox
 
This was at Noroton Heights not Darien. Looking at it a 2nd time the at the top it refers to it as the Darien station then deeper into it it gets it correct as Noroton Heights. Not surprised the paper did not get it right, seems like the media messes up everything when it comes to the railroad.
 #1428389  by DutchRailnut
 
Noroton heights is also a Darien station, so article is still correct.
 #1513454  by nomis
 
Court reinstates lawsuit against Metro-North by family of Darien man killed by train
stamfordadvocate.com article
The state Supreme Court has overruled a lower court ruling and reinstated a lawsuit against Metro-North Railroad by the family of a Darien man who was killed in 2013 when he fell in front of a train.

While a lower court had ruled the railroad is immune from negligence operation lawsuits by federal regulation, the appeals court said the federal regulation did not cover the claim in this case.

“Nothing in that regulation covers the subject of the plaintiff’s claim — namely, whether it is negligent to operate a through train on a track immediately adjacent to the platform when another track is available. Accordingly, we disagree that the plaintiff’s claim is essentially an excessive speed claim that is preempted by the railroad act,” the Supreme Court stated.