“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).
Chronicling the high cost of our legal system
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Point of Law- Note: Today's Trial Lawyers, Inc.: K Street Live Event Now an Online Presentation / Conference CallIMPORTANT NOTE: To anyone who was planning on attending MI's live event on Capitol Hill this afternoon, at which we were to unveil the newest Trial Lawyers, Inc. report, Trial Lawyers, Inc.: K Street--A Report on the Litigation Lobby 2010,... […]James R. Copland
- Florida Smoker's $300 Million Award to Be ReducedThe largest individual award to a Florida smoker will be reduced, Judge Jeffrey Streitfeld (Broward County Circuit Court) ruled Friday. [Here's the story on Law.com] Judge Streitfeld called the $300 million jury verdict, rendered months ago, "excessive" and "shocking," based... […]Michael Krauss
- How the Plaintiffs Bar Bought the SenateIn today's Wall Street Journal, I have an opinion piece that explains how the plaintiffs' bar is using its campaign-funding largesse to buy political influence: Since 1990, the sums donated to federal political candidates by lawyers--excluding lobbyists--exceed $1 billion, according... […]James R. Copland
- "CSX Chases Plaintiff Firm Over Asbestos""A railroad company's dogged pursuit of conspiracy and fraud charges against an asbestos law firm is unfolding in a federal appellate court and with a major assist from business and tort reform groups." [Marcia Coyle, NLJ]... […]Walter Olson
- Baltimore Sun on med-mal reformThe paper likes health courts and an apology law.... […]Walter Olson
- Note: Today's Trial Lawyers, Inc.: K Street Live Event Now an Online Presentation / Conference Call
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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,…
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