This guy is an embarrassment.

That being said, so was the training process, and the testing, and the combination of factors identified in the NTSB report.

As a former FELA "runner" once, that is an "expert" RR safety witness (I even worked once for Larry Feldman an FELA attorney and a "designated" UTU attorney, long before his Michael Jackson fame), there may actually be a pretty good case to be made given the "partial negligence" liability standard, based on some of the factors outlined in the NTSB report.

Larry's firm used to hire a switchmen who once got a settlement on "partial negligence" to tend bar at the UTU meetings in their hospitality room.

This switchman had been working at the low end of Taylor C yard, kicking cars up hill. And, when the cars got in the clear, and came to a stop (gravity...) they'd "chunk it" (put a chunk of scrap wood under the wheels, to keep in from rolling back, while they tied the hand brake).

This switchman, couldn't find a chunk, and the car starting rolling back toward the lead. So, he used his "steel toed" safety boots to "chunk it" instead, and lost his toes... Poor training...not just stupid...was the basis for "partial liability"? And, he took a buy out settlement, as it was probably cheaper to pay him a settlement...than to go to trial.

Although, I've seen just "stupid" lose, at trial a few times too.

The lesson Larry's firm were advertising, with their bartender, was that no matter how stupid you've been, you still may have a case...