What a pack of ghouls

[Pixilated]

In 2011 a young man was killed when his pickup truck sailed onto the tracks in the path of an oncoming passenger train. Now the company that (I guess) owns the tracks is suing ... HIS MOTHER.

Maybe the accident was indeed his fault. But WTF has that got to do with his mother??

I'm just guessing CN owns the tracks; I notice that it's not VIA Rail that has launched the lawsuit (VIA Rail is the passenger train company here in the Great Soggy North.)

And yes, the accident did indeed make a huge mess of a lengthy section of track. The passenger train did its best to stop; it ended up jumping the tracks and turned about a half a mile of wooden beams into large piles of matchwood and kindling. And it did take some time and money to fix it.

But again ... how is any of this the fault/responsibility of his grieving mother?

[Nekojin]

John Jobson may have been negligent in getting in front of a moving train. But the idea that his mother is somehow responsible for that (which is what lawsuits are about - legal/fiscal responsibility) is beyond reason. Unless there's some Canadian law I'm unaware of, this is simply mind-boggling.

Here's hoping she gets some quality pro bono representation, and sticks it to the company suing her.

[Andara Bledin]

So. A man failed to note that a train was approaching a level crossing that is without gates or lights at which others have died before, and the company that operates the tracks, as opposed to putting up even a light to prevent this from happning yet again, chooses to sue his mother, instead?

In what twisted world does that even make sense?

[Pixilated]

Apparently she is the deceased's "legal representative" so they are in effect suing him through her.

Which probably makes some legal sense (they are apparently also trying to squeeze in under a two-year deadline) but does not make it any less appalling.

From what I've read, the public shitstorm against CN is already getting pretty strong ...

[Gravekeeper]

There has to be more to this. I find it hard to believe CN would risk such an incredible PR shitstorm if its as cut and dry as it sounds in the article. This is the sort of dickishness that will get noticed in Parliament.

It seems incredibly foolish to risk the bad PR and a dressing down from one or more MPs or the Minister of Justice. Especially over a paltry $500k with a company that has 500+ million quarterly profits.

[Andara Bledin]

Another article at Montreal Gazzette

This article makes the distinction that the rail is owned by CN Rail, but the train belonged to Via Rail.

It also notes that lights and rails are being installed at the crossing which previously had only a stop sign and apparently nearby buildings and plants prevented both the man in the car and the conductor of the train from seeing one another.

This makes me wonder if perhaps CNR is doing this because they've been forced to make the crossing safer.

[Pixilated]

I'm not sure what the cost of the repairs themselves were, but I suspect they were substantial, especially as the tracks needed to be repaired quickly. And meanwhile trains that would have used that line would probably have had to be rerouted, if not held up.

It was indeed a barely-marked crossing at the time of the accident. I believe there was a sign and that was all ... no bells, no lights, no wig-wag, no barriers. So yes, that would've meant more money that CN had to spend. But still ...

*snip*

It seems incredibly foolish to risk the bad PR and a dressing down from one or more MPs or the Minister of Justice. Especially over a paltry $500k with a company that has 500+ million quarterly profits.

I agree. On the surface, this makes no sense at all. Unless it's just a reflexive "run it up the flagpole and see what happens" mentality.

[Tanasi]

Here in my AO, the railroad would be sueing his estate for damages. His mother happens to be executor of his estate. Here the RR could get no more of his estate than what is left, his mother isn't liable for his actions. Sounds to me like they're gonna be pumping a dry well.

[Panacea]

Here in my AO, the railroad would be sueing his estate for damages. His mother happens to be executor of his estate. Here the RR could get no more of his estate than what is left, his mother isn't liable for his actions. Sounds to me like they're gonna be pumping a dry well.

I guess it depends on what kinds of differences there are in torts and common law between Canada and the United States. We have a lot in common, but there are differences.

In the US, the mother could not be sued since her son was 22, and a legal adult. However, his estate could be sued. However, she would not be liable for the difference if he estate had nothing. And any life insurance would pay directly to the beneficiary and not be part of the estate--the RR would not be able to touch it.

It could be different in Canada. I don't know.

But the mother may just not know her rights. There've been a couple of cases on CS where a similar issue has been discussed, and the member was advised to seek legal counsel because they were based in the US, and in the US the executor of an estate is not personally responsible for the debts or actions of a deceased person.

[mikoyan29]

I find it kind of crass that the railroad would be suing someone for damages, especially since that someone is dead but to blame the fact that the crossing doesn't have a crossing guard is pretty assinine. when you see a stop sign at a railroad crossing, it still means stop there and look both ways for a train. It also means listen for the train horn because they are required to blow their horn every time they approach a crossing (and if past trips on Amtrak are any indication, they are pretty religious about doing so). And even when a crossing has gates and lights, that still isn't a deterrent for someone in that much of a hurry. Yes it's one more hurdle for them to get around but there are quite a few people will try it.

As Gravekeeper said, there has to be more to this story than meets the eye. I have to believe that CN has footage from the cabin camera or something that shows a pretty blatant disregard for the signs.

[Andara Bledin]

It's noted in the article I linked earlier that the train's horn was due to be replaced because it was an older model that was apparently found to be less than adequate. So, the train may or may not have blown it's horn and it may or may not have been able to be heard by a guy in a pickup speeding along a siding road.

Considering that the articles also all state that he ran into the train and not the other way around, I strongly suspect he wasn't trying to beat it, but simply wasn't aware that it was even coming. The inquiry into the accident did state that due to buildings and vegetation, it was not possible for either driver or conductor to see the other until they reached the crossing itself.

Yes, he ran the stop sign. Yes, he was probably speeding when he did so. But just as likely, even merely a light would have prevented this particular accident.

[Mongo Skruddgemire]

As Gravekeeper said, there has to be more to this story than meets the eye. I have to believe that CN has footage from the cabin camera or something that shows a pretty blatant disregard for the signs.

That's as may be, but since he was an adult I fail to see how they could get away with suing the mother. Unless she can be proven to have coerced her son in such a way to drive in such a manner to have ended up in this situation...she has no legal responsibility for her sons actions.

[mikoyan29]

That's as may be, but since he was an adult I fail to see how they could get away with suing the mother. Unless she can be proven to have coerced her son in such a way to drive in such a manner to have ended up in this situation...she has no legal responsibility for her sons actions.

She may be in control of his estate.....but I agree with you.

[Pixilated]

She may be in control of his estate.....but I agree with you.

I think that's what it's about: suing his estate, which his mother is in charge of. But still ...

I believe he's also the second person to die at that crossing in two years.

I wondered whether he might have had the truck's radio on -- loud -- and that's why he didn't hear the train's horn. I know I've had my car radio on fairly loud at times and then suddenly realize, to my horror, there are flashing lights coming up FAST behind me (ambulance or fire truck, not cops, thank goodness ... ) People may not realize how much a radio can block out their surroundings, especially if the vehicle's windows are closed.