Mom hit with lawsuit near anniversary of son's death in train collision

[Sal]

There are some critical elements that are missing from the information that has been released to the public on this story.

It makes no sense whatsoever that CN, a company that had 16 billion in revenues last year alone, would launch a suit for a mere $400k to 'recoup' losses in light of all of the bad press they will sustain over this.

There's some mechanism operating in the background that forced their hand, likely to do with establishing culpability and defining responsibility.

yes I think something is missing too, typical reporting, take a side and milk emotions

I spoke with a friend who is a lawyer about this story. Her opinion is the same as some others have already mentioned. CN is trying to move culpability to the young man so as to avoid paying millions in damages to the passengers.

hm I don't know what to think about that move but I guess from a legal standpoint it is smart

 

[BruSan]

O.K. that makes SOME sense to me as well BUT the unstated gamble for CN is the likelyhood of them losing the suit action versus a win for them.

Should they lose this suit to the facts already established of crossing signals being partially obscured by weeds, train horn NOT being of the later design mandated by TC and the crossing signs being of an older confusing design, taken in context with NEW stuff that will almost certainly be offered into evidence such as the speed the train was operating at, when the train horn was activated prior to the crossing, previous death at that same crossing which would have certainly resulted in a local public demand for more upgrades at that crossing which did not happen, etc., etc..

ALL of this stuff already puts CN in a very precarious position which could lead to this suit and it's result, only serving to cut them off at the very knees if it's not a win, win for them.

If they actually pay lawyers to come up with these types of decisions; I need to get in on that game!

 

[bobnoorduyn]

I would probably guess that CN has lawyers on staff, as most large companies do, so it is probably no skin of their **** to add to their workload. That's why the little guy is at a major disadvantage even when the truth and evidence is on his/her side, companies can afford to litigate until you're broke.