[N&W] Re: What is the real reason ... ???

[nw-mailing-list at nwhs.org]

<< There was an accident I believe in the late 80's or early 90's where the
employee excursion train where the passenger cars derailed in rural
Chesapeake, VA. It was a part of the track that was real hard to access and
help did not arrive for around 1 hour. I do not believe there were too many
injuries and damage to the cars and track was minimal. A few weeks later the
program was dead. >>

Sorry, but a good portion of this is incorrect. The accident was on May 18,
1986 and caused by an improperly maintained switch (according to the FRA
accident report, issued on Sept. 18, 1987). The wreck could just as easily
happend to the next hopper train to pass the spot at Juniper, 16 miles from
Norfolk.

The program was suspended for about three weeks while equipment was repaired
and replaced with other cars. The old Southern cars that were not equipped
with Tite-Lock couplers were retired and removed from service as a result of
the accident. The injuries were minimal, but a certain lawyer from
Portsmouth, VA who specialized in suing railroads (not just NS) was ambulence
chasing after this and that resulted in a variety of suits. There were no
fatalities, 18 seriously injured.

However, the steam program did not end a few weeks later, but ran until the
611 was returned to Roanoke on December 7, 1994, the last trip was December
10-11, 1994, eight years, and not quite seven months after the derailment.

 >>Lets face it, we are living in the "no responsibility" era where people fail
to take responsibility for themselves and blame all of their problems on
others.<<

Absolutly correct, the liability insurance is phenonemal in cost, mostly due
to silly lawsuits over the years. A number of years back I recall seeing a
news story of a suit against Conrail in the Pittsburg area, suing and winning
for several million. The young man (about 17) and passed a No Trespassing
sign, climbed a fence and gotten on the mainline and lost a leg as a result.
Well, I was sorry about his leg, but this is a case of a person who was not
willing to take responsibility for their own actions!

On one of the excursions in the late 1980s, an elderly gentleman's knee gave
way when getting off the train. He did not fall, he was caught by two car
hosts, but twisted his knee badly enough, he could not walk. Naturally an
accident report was filed at the railroad. The man had been in poor condition
before the accident, and his son had told us his knees were so bad off
(pre-existing condition), the doctors wanted to amputate both legs, but he
had refused. The son also said he had no business riding the train. The man
was no longer able to walk as a result of the accident and had to be kept by
his daughter. Case closed, right?

Wrong. Months later, his daughter decided to bring suit, but only AFTER being
visited by an Norfolk Southern Claim Agent, who told her NS had no
responsibility. Of course, when someone says they are a claim agent for a
huge company, the first thing these people think is: big money jackpot. After
the first two attorneys she went to took depositions from the people
involved, they told her she did not have a case, she finally found one who
took it about a year and a half later, but the man passed away before it came
to trail. The case was dropped.

Sorry to go on with this, but felt it was a valid comment in regards to this
subject.

Ken Miller
_______________________________________________________________
Cann't they set up a side Non Profit Corporation where the Norfolk Southern 
just sends Donations to not run teh Excursions. This would limit there 
Liability to Track Maintanence and crossing issues not Engine or Train 
Issues or shape of the cars. Then these excursions could get trackage 
rights onall tracks and run to the Rockies if they want.

Sincerely,

THomas M McCracken
_______________________________________________________________
Liability insurance for a two day model train show at the Roseville,
California fairgrounds is $2,800 and our insurance broker anticipates further
increases in liability insurance rates,

Gene Mayer, Treasurer
International Railfair, Inc.