There Was an Instance...
Author: Observer
Date: 08-02-2011 - 14:08
of a woman who ran through an operating railroad x-ing here in Chicagoland quite awhile back. The driver was injured and her passenger killed. According to news reports and my memory of those reports, the gates were down, the lights flashing and etc.
The driver sued the railroad, CN I think, possibly the CP, for damages. Her argument revolved around the railroads failure to address equipment failures at the crossing on a timely basis.
If I remember correctly, in the end, she won her suit. The judgment in her favor was based on the fact that the railroad had not replaced a light bulb in one of the crossing flashers for over a week's time span.
In the end, the driver lost her mother, but gained several millions in the jury award.