0
   

Why do I see a lawsuit coming???

 
 
farmerman
 
  1  
Reply Sun 1 Jul, 2007 05:50 am
That was an oblique reference to a case of unintended consequences where everyone was all torqued up about nipping terrorism in the planning stage. (BTW, the med students did win and there was an "undisclosed settlement") so dys makes the point anyway.
With the 65 year old guy who was detrained . Apparently being a newly diagnosed diabetic has some risks in bringing on bizarre behaviors (at least until he gets to feel more secure in his symptomology). So this guy wound up , after the forced detraining, stripping off most of his clothing and wound up roaming around the woods like an animal. When he was found, he was wearing one sock and his grotchkies and apparently nothing else.
There was no information that the RR could smell booze on his breath so the initial diagnosis was in error and was merely a dumass punitive action dealt out in complete ignorance of the guys newly diagnosed condition. I dont think the guy will have any trouble getting a really good plaintiffs attorney to handle his case on a contingency fee basis.

Yes there are many cases that are brought that dont deserve the light of day. However, there are an almost equal number of times when such irresponsible actions by authorities must be focused upon and remedied. This kind of crap cant be merely laughed off.

I was one of those that originally saw quite a bit of merit in that old ladies case wherein her hey-nanny nanny was severely burned by spillage of a cup of magmatic-hot coffee when her son-in-law lurched forward coming out of the drive -in window at Mickey-D's. As it turned out, the jury awarded an over generous amount of compensatory and punitive damages, when all she originally asked for was medical coverage to fix her severely burned pudendum. I completely saw the merit in her case .

1The drive away ramp had a bump built in the road so that it was almost predictable that anyone who was in the act of holding a cup without a lid would spill something

2 The coffee was made at 180 degrees and served in such a state.

The conditions for a disater were all in McDonalds hands and they could have avoided the event.

NOW, the judge who wanted 56 million bucks for a ruined set of pants at his dry cleaners should have been given the directive to pay the cots of the entire suit (law that is)

I feel that the diabetic guy has the right and the duty to seek relief from this RR , with some similar negligence focused at the cops who so callously avoided their duties at hunting him down .
Im being very cynical here, but ws the guy black?
0 Replies
 
Roberta
 
  1  
Reply Sun 1 Jul, 2007 06:56 am
farmerman wrote:

Im being very cynical here, but ws the guy black?



Funny you should ask, farmerman. Yes, Mr. Sims is black. There's a photo of him on the link.
0 Replies
 
Walter Hinteler
 
  1  
Reply Sun 1 Jul, 2007 06:58 am
Okay, this is the

Quote:
Statement from Amtrak
An incident occurred Sunday, June 24 when a passenger, Roosevelt Sims, was put off Amtrak train 3, the westbound Southwest Chief. The train crew was following company policy and responding to a passenger complaint and evidence that Sims was intoxicated and being disorderly.

The location where Sims was put off the train is a regularly scheduled station stop, Williams Junction, Arizona, where more than 7,000 passengers annually board and alight from the Southwest Chief. Amtrak had summoned Williams Police, who responded to the Williams Junction platform.

The train did not leave immediately after Mr. Sims detrained, and the train's conductor remained with Mr. Sims on the platform at Williams Junction until Williams Police arrived. Amtrak policy - which the conductor followed - does not permit leaving unattended a person being put off a train. Upon seeing the arriving police, Sims fled on foot, leaving his luggage on the platform.
0 Replies
 
farmerman
 
  1  
Reply Sun 1 Jul, 2007 07:19 am
My cynicism is built upon experience of recent day occurences. I was doing some value estimations for a mine expansion in the gold fields of South Carolina in the last 2 years. In one of my recent trips down there I had a representative of my client, (A major mining operation) take me to lunch at a famous barbecue pit that was open from Wednesdays through Saturdays from February through autumn. The barbeque place was called (Lets say -SONNIES). We went in to get some barbecue plate (A South Carolina Barbecue contains a vinegar based sauced pulled pork main dish and this is served as a plated lunch accompanied by some really fine "side" dishes)

We went in and Were standing in line with all the other customers (all kinds from white shirted businessmen from nearby Edgefield, to miners and farmers).

The cooks were mostly black guys who were the preparators of each of the dishes and there was a "pit master' and his 2 helpers (also black guys). "Sonnie" and his family bussed the long picnic tables and took our money.

I was addressing someone in line about how good all the food looked and , without any hesitation, the fellow in line said, loud as you please.
"YEH Sonnies niggers makes some of the finest barbecue in the state"
Other people joined in as if this were a matter of pride to them. The issue of the racial slur was not even on their radars, it was apparently just an indicator of how far we havent come in race relations in SOuth Carolina.
I looked at one of the black guys behind the counter who smiled at me with a kind of hang-dog expression . I didnt say anything, I was a little uneased .However, I thought to myself that its gonna take many generations to make this nation look like what many people think it already does.
0 Replies
 
Setanta
 
  1  
Reply Sun 1 Jul, 2007 08:43 am
You know, Walter's post is the second time someone has pointed out that this gentleman was not abandoned on a remote platform in the woods somewhere--that he was accompanied by the conductor, who held up the train while awaiting the arrival of the police. I don't know why everyone here wants to continue to hammer Amtrak--their policy seems to have been followed, and seems to me to be a completely reasonable response to the complaints of other passengers.

The villains of this piece are the Williams Junction police.
0 Replies
 
Montana
 
  1  
Reply Sun 1 Jul, 2007 09:02 am
I agree Setanta, I see the police at fault here as well.
0 Replies
 
Joe Nation
 
  1  
Reply Sun 1 Jul, 2007 09:08 am
Well, Setanta, for one thing, and I may be being thickheaded and completely paranoid about this, but I have a feeling in my gut that this:

Quote:
Amtrak policy - which the conductor followed - does not permit leaving unattended a person being put off a train. Upon seeing the arriving police, Sims fled on foot, leaving his luggage on the platform.


is a big fat lie.


What'cha think?

Joe(If he is in their custody, they are to hold him until the police actually take over custody.)Nation
0 Replies
 
NickFun
 
  1  
Reply Sun 1 Jul, 2007 09:12 am
But he fled! He ran so fast the dogs couldn't catch him! I can see this elderly man leaping over ravines as the police abandoned their relentless chase!
0 Replies
 
squinney
 
  1  
Reply Sun 1 Jul, 2007 09:19 am
Dunno. Can the conductor physically restrain him? Was he supposed to tackle the guy? Grab his arm? What if he left a bruise in doing so? What if the guy started 'wrestlin' back? Is the conductor supposed to put himself in harms way?
0 Replies
 
Walter Hinteler
 
  1  
Reply Sun 1 Jul, 2007 09:20 am
I suppose, no-one has more about than is onlin, or?

Well, I can add what seems to be the official police press release:



Quote:
PRESS RELEASE

Willimas Police Department Press Release


At approximately 9:40, Mr. Roosevelt Sims was found walking along the BSNF railroad tracks by Coconino County Sheriff Deputy Ophelia Robbins.

Mr. Sims was about 2 miles west of the location where he was put off the Amtrak train.


At this time, details of his whereabouts are unknown, but he appears to be in good condition. Mr. Sims was transported to the Flagstaff Medical Center for evaluation.


Mr. Sims will be interviewed as to the details of this incident when the medical staff determines it is appropriate.
Source
0 Replies
 
Montana
 
  1  
Reply Sun 1 Jul, 2007 09:20 am
That's what I'm thinking, Squinney.
0 Replies
 
NickFun
 
  1  
Reply Sun 1 Jul, 2007 10:05 am
squinney wrote:
Dunno. Can the conductor physically restrain him? Was he supposed to tackle the guy? Grab his arm? What if he left a bruise in doing so? What if the guy started 'wrestlin' back? Is the conductor supposed to put himself in harms way?


Supposedly the authorities were already there when the man made his mad dash for freedom. Either the cops or the conductor could have stopped him. He was a sick, elderly man! I doubt he had the strength to stop a cat!
0 Replies
 
Setanta
 
  1  
Reply Sun 1 Jul, 2007 10:05 am
If you think it's a lie Joe, show that it is a lie. Without another source for this, the only evidence we have is what has been presented here, or what we can find online. Have you found anything which contradicts the conductor's version? As for the silliness you wrote to the effect that: If he is in their custody, they are to hold him until the police actually take over custody--i'll just refere you to Squinney's post:

squinney wrote:
Dunno. Can the conductor physically restrain him? Was he supposed to tackle the guy? Grab his arm? What if he left a bruise in doing so? What if the guy started 'wrestlin' back? Is the conductor supposed to put himself in harms way?
0 Replies
 
OmSigDAVID
 
  1  
Reply Sun 1 Jul, 2007 10:10 am
NickFun wrote:
squinney wrote:
Dunno. Can the conductor physically restrain him? Was he supposed to tackle the guy? Grab his arm? What if he left a bruise in doing so? What if the guy started 'wrestlin' back? Is the conductor supposed to put himself in harms way?


Supposedly the authorities were already there when the man made his mad dash for freedom. Either the cops or the conductor could have stopped him. He was a sick, elderly man! I doubt he had the strength to stop a cat!

Do u believe that the conductor had the DUTY
( either morally or legally ) to take the chance ?

In your opinion,
did the conductor have the right, or the authority,
to prevent him from leaving ?
David
0 Replies
 
Setanta
 
  1  
Reply Sun 1 Jul, 2007 10:12 am
If the conductor had attempted to physically restrain this man, the possibility of a punishing legal settlement accruing to Amtrak would have been increased by orders of magnitude.
0 Replies
 
FreeDuck
 
  1  
Reply Sun 1 Jul, 2007 10:23 am
I just want to go on record as saying that whether he was drunk or in diabetic shock he should have been treated with compassion. I realize that the actual events are still debatable, just wanted to have my say.
0 Replies
 
OmSigDAVID
 
  1  
Reply Sun 1 Jul, 2007 10:24 am
Joe Nation wrote:
Well, Setanta, for one thing, and I may be being thickheaded and completely paranoid about this, but I have a feeling in my gut that this:

Quote:
Amtrak policy - which the conductor followed - does not permit leaving unattended a person being put off a train. Upon seeing the arriving police, Sims fled on foot, leaving his luggage on the platform.


is a big fat lie.


What'cha think?

Joe(If he is in their custody, they are to hold him until the police actually take over custody.)Nation






Did u sell him the hatchet ?
David
0 Replies
 
OmSigDAVID
 
  1  
Reply Sun 1 Jul, 2007 10:29 am
FreeDuck wrote:
I just want to go on record as saying that
whether he was drunk or in diabetic shock he should have been treated with compassion.
I realize that the actual events are still debatable, just wanted to have my say.

Does that mean that the conductor
shud have been treating him with compassion
while running along side of him, when he fled into the woods ?

David
0 Replies
 
Walter Hinteler
 
  1  
Reply Sun 1 Jul, 2007 10:31 am
Which leads to my questions:

- what is usally done in public transportation in ... Arizona, when someone annoysothers due to his drunkeness?

-and what is the state of medical knowledge among employees of public transportation to decide if s.o. had a diabetic shock or is drunk? What they act differently, after other passengers complaint about the "obsolate behaviour"?
0 Replies
 
NickFun
 
  1  
Reply Sun 1 Jul, 2007 10:45 am
OmSigDAVID wrote:
FreeDuck wrote:
I just want to go on record as saying that
whether he was drunk or in diabetic shock he should have been treated with compassion.
I realize that the actual events are still debatable, just wanted to have my say.

Does that mean that the conductor
shud have been treating him with compassion
while running along side of him, when he fled into the woods ?

David


You think he was running? He was staggering! All you had to do was hold the mans arm.
0 Replies
 
 

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