A couple involved in a train-minivan accident last Memorial Day in Elm Grove have filed a lawsuit against Canadian Pacific Railway, claiming the railroad should have taken steps to avoid the crash. However, the crash occurred after the woman stopped her car on the tracks and was trapped when the railroad crossings came down.
In your opinion, does the couple have a case? Based on what you know about the incident, is the train company or the driver at fault? Share your views in our online forum.
(21) Read All ResponsesThe van should never have been on the track. If she was following proper procedures this would have never happen. Their own fault and have no right to sue. A waste of tax payers $$$
So let me see if I have this straight. They see traffic is at a standstill on the other side of the tracks, and yet they continue to attempt to push forward hoping that traffic will miraculously disappear from in front of them? And they have the gall to SUE the Railroad for "causing this problem" No it appears to me that stupidity on the part of the Partenfelder family led to this. Its not like the tracks just appeared out of nowhere!
This makes no sense. Let me see here, this woman endangered two, three maybe more lives here. One which includes this poor police officer who seemed to have saved her life and her kid. He gets severely injured, maybe for life. She violates the law by being within 25 feet (or actually inside the crossing with a train approaching rapidly). She puts several lives at great risk including her own! What basis could she be suing for? This moron should go to jail for being so stupid! I hope there's no way she wins this suit. If she does, this country has really slid in its standards.
As absurd as this whole case is, she'll probably win. I have found that there is a correlatoin bewtween the vailidty of the case and the outcome. The less "common sense" the case hase, the higher probability it has in favoring the plaintiff. On the record, though, I do think that the lady was a COMPLETE MORON in her actions! A sad circumstance, yes, but a circumstance that could VERY EASILY have been PREVENTED by the use of LOGIC! And also by obeying one of the first rules they teach in Driver's Ed...
its amazing that its always the trains fault , regardless if it was a busy day or not , the world does not stop due to your social life , heres some advice car no win against train okay ... need i say more . she should loose her license forever with that attitude shes dangerous. do not sit on rail tracks no matter what , ever
Absolutely ridiculous!
I was planning on pointing out that driver's ed teaches student drivers to never stop on railroad tracks, etc. But everyone already pointed this out (and some other good mentions as well!) so I don't need to dwell on that issue. It is sad to me that society no longer requires people to take responsibility for their actions. Everything is always someone else's fault; there is no such thing as an accident, etc. I remember feeling really sad for the family and for the police officer involved in that accident but also feeling embarrassed for the woman driving the van for forgetting her driver's ed basics. Now I just feel really sad for the police officer and the railroad company. It's no wonder we're in a recession - everyone goes bankrupt paying out the ridiculous lawsuits slapped on them by irresponsible members of our society who are looking for someone else to dig their way out of their financial devastation that their own actions caused them.
These people are crazy. The woman was an idiot who should not have been driving. She chose to stop on railroad tracks then panicked. She should have her license taken away.
In my opinion: The lady is a complete moron. I wouldn't be surprised if she thought the train could of gone around her... LOL!!!! I feel bad for the officer that risked his life for this idiot. I hope the court throws this case out!
Who stops on the tracks? Really, who does that?! Even if traffic were stalled I would surely wait until there was room to move forward. BTW, Trains don't stop on a dime! Hello!
Monica, did it ever occur to you that idling on CLEARLY MARKED railroad tracks w/guard rails might not be the best idea for you or your child. Good parenting! Take responsibility for your own stupidiity. You should be paying for your own medical bills and the officers. You should also reimburse the Elm Grove taxpayers for the money spent trying to get you out of situation you created all by yourself. I hope your frivolous lawsuit gets thrown out! What a fine example you are to your children.
It seems that someone is having a hard time accepting the fact that she is solely responsible for a tragic accident that seriously injured several people and endangered her children's lives. That would be a difficult thing to accept. The statement "Had the train slowed down, this inevitably wouldn't have happened" is ridiculous. "Had my van not been on the tracks, this inevitably wouldn't have happened" is the correct statement.
The only viable lawsuit I see here is the police officer that was injured suing Monica. This is a desperate attempt to get some money to pay off some large medical bills and keep the couple going in the event that Monica's husband cannot work anymore. They have no other means to get the money, so why not sue someone?
The railroad has a job to do, and they want the railroad to slow down for them??? I know the railroad will pay out just to keep from spending $$$ in court. It is a "it is not my fault" society. Anyway to get money. $500,000 in insurance payments, call it stupidity payments. Responsible parents, NO WAY!!! Her husband hasn't had a license in 16 years!!!! I hope the railroad can sue them!!!!!!
The driver was at fault. The accident would have been avoided if they were responsible drivers, there is a law against stopping on the tracks. So if they expect the rail company to be resonsible for knowing their was a parade, then they themselves should be sued by the rail company or violating the law and stopping on the tracks. It was irresponsible at best and they endangered themselves before anyone did.
If they are suing the train company for knowing a parade was there, then the train company should counter sue the couple for causing the accident by stopping on the rail tracks and causing the accident. In fact maybe the crowd should do a civil suit to the couple for causing such a accident scene scaring all the people who had to watch what they had caused. Yea, lets civil suit them !
If the couple wins the lawsuit, all the money should go to the police officer who acted responsibly.
This case should be thrown out of court and the couple's lawyer censored by the Bar. Lawsuits such as this are frivolous and a waste of the Court's time and taxpayers' dollars. Unfortunately, the railroad will probably offer to "settle" the case in order to avoid the cost and expense of having to defend itself for doing nothing wrong. It is also worth noting that this couple have behaved irresponsibly in the past. The husband's license had been revoked 15 years ago and he still continued to drive??? It appears they were a two-car family, indicating the husband drove on a regular basis without a valid driver's license.
Pat, Good point, rumor has it that the dad is STILL continuing to drive despite his revoked license.
The driver is definitely at fault. This is 100% Monica's fault, she should be charged with endangering lives, not the train company. I sincerely hope that Canadian Pacific Railway does not pay out any monies to this family.
Oh Please...can no one take responsibility for their own stupidity?!?