what ca lawyer had the train wreck and pipeline cases in the 90's

by Prof. Marina Durgan 10 min read

What happened to the train in San Bernardino?

Feb 16, 2004 · Dozens of residents who joined a lawsuit against the railroad and the pipeline company lost their settlement when the attorney in the case, James Herman Davis, filed for bankruptcy in 1997 after...

What happened in the 1989 derailment in Texas?

Martha was on the train going to pick up her young son from his grandparents home in New Mexico. It was night time and very dark outside. The inside of the train compartment was brightly lit. Martha could hear the clack of the wheels on the rails. A storm was…

What happened to the Southern Pacific train in the derailment?

Jan 28, 2005 · (AP Photo/Damian Dovarganes) DAMIAN DOVARGANES The capital murder charges filed Thursday against a driver accused of causing a fatal Los Angeles-area train wreck are a rare and perhaps...

How deep were the pipelines buried at the time of derailment?

The runaway train reached speeds in excess of 90 MPH (the maximum recordable speed on the onboard "black box" speed recorder) in the descent of the 23 mile grade. ... the pipeline explosion found that CalNev Pipelines did not adequately inspect the pipeline after the accident. The cause of the accident was complex. The train weight was ...

Why do train accidents happen?

There are a variety of reasons why train accidents occur. For example, the operator of the train may make a critical error . He or she may be tired or lack experience. He or she may be distracted. Such distractions can lead to train derailments or collisions with other vehicles, trains or people. Another reason why a train accident may occur is due ...

Why do trains crash?

Another reason why a train accident may occur is due to defects. The tracks, roadbed or other structure may be to blame. The vehicle may sustain a catastrophic mechanical or electrical failure. The design around the train’s route may also be to blame. For example, there may be an issue involving the crossing arms, signals or warning lights.

What happens if a train is traveling at a fast speed?

A passenger may be injured during an accident in which the train is traveling at a fast speed, causing catastrophic injury or death. Passengers may also be injured while boarding or exiting the train. If the railway owner fails to meet its high standard of care for a common carrier, it may be held liable for the injuries that result, including medical expenses, lost wages and pain and suffering.

What is the Federal Employer Liability Act?

The Federal Employers’ Liability Act applies to injured railroad workers who work for a rail road that is engaged in interstate commerce. This act requires many proactive responsibilities for the railway owner, including conducting inspections to remove potential hazards, offering training and supervision to employees, enforcing safety regulations and generally offering a reasonably safe working environment.

What is a common carrier?

Common carriers include entities that provide transportation services to the public, including buses, trolleys, taxis and trains. In these states, the duty of the common carrier may be to act with the “highest degree of care” in order to safely transport the customer.