E9A Wrote:
-------------------------------------------------------
> Sal Cupertine Wrote:
> --------------------------------------------------
> -----
> > If the GGRM decides to take legal action
> against
> > someone it would become public knowledge when
> and
> > if a lawsuit is filed which would probably have
> to
> > be in Alameda County Superior Court since the
> NCRY
> > is located in that county. So people should not
> > spread rumors.
> > The person who allegedly notified the only
> > qualified steam engineer on the Union Pacific
> may
> > not be liable for any damages to GGRM if he was
> > pointing out something that he believed rightly
> or
> > wrongly could have been a safety issue that UP
> > should have been aware of before it moved the
> GGRM
> > equipment.
> > Notifying a UP employee about a possible safety
> > issue probably does not violate a
> confidentiality
> > agreement (if there is one) that could prohibit
> > someone from saying the movement was supposed
> to
> > begin on a specific date and time.
> > The burden of proof is on GGRM to explain how
> it
> > was damaged and what the financial cost is.
> > It could take a couple of years before this
> gets
> > to court. There would have to be settlement
> > conferences between the two parties to try and
> > prevent a trial and a judge could decide the
> suit
> > has no merit and it would never even go to
> trial.
> > If it does it would be decided by hopefully
> > impartial jurors who are probably not railfans.
>
> So, are you saying that both UP and FRA, during
> their
> inspections and tests, overlooked something that
> ONLY
> the great guru could find?
>
> Do you know whether or not he did, indeed, find
> something, anything, wrong or in violation?

I don't know what UP and FRA found or what Dexter Day did or said.
I was simply responding to Crown Victoria's comments about the GGRM "taking legal action" or anyone "facing charges." They are two separate things. If someone was arrested or indicted that would also be public information. To imply that someone is facing charges when they have no proof is either libel or slander depending on if it was written or spoken. Dexter Day could sue someone who falsely accuses him of something that can not be proven so I hope Crown Victoria will offer some more specific information.
As I said GGRM can take legal action by filing a civil lawsuit and as far as I know the GGRM management has not announced that it has filed a law suit. They may be considering it.
As for Dexter Day "facing charges" that implies some criminal activity. That would have to be pursued by a law enforcement agency..As far as I know it's not illegal for anybody to contact UP's steam engineer about the movement of a steam engine owned by a museum along the Union Pacific.