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    Engineer with Sleep Apnea sues for $10 million...



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    16 replies to this topic

    #1 46Dover

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    Posted 01 December 2016 - 02:19 PM

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    The Metro-North engineer who fell asleep at the controls of speeding train three

    years ago today is blaming the commuter railroad for a Bronx derailment that

    killed four passengers, The Journal News/Lohud has learned.

    The $10 million lawsuit filed Thursday in U.S. District Court in New York revealed
    that engineer William Rockefeller says Metro-North should have equipped the
    Manhattan-bound train with a system that would have automatically applied the brakes
    when the train exceeded posted speed limits.

    The filing of the lawsuit was timed to meet the deadline for railroad employees with injury claims, lawyers said.

     

    Read more: Source


    Edited by +Young+, 02 January 2017 - 12:13 AM.
    Modified for home page...

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    #2 Via Garibaldi 8

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    Posted 01 December 2016 - 03:24 PM

    This is an insult to the passengers on that train that perished, as well as the Riverdale community.  I use this station frequently (used it this morning in fact) along with the Riverdale station and I think Metro-North has moved swiftly to increase safety at the Spuyten Duyvil station. It's egregious but not shocking that this guy is looking for a payout.


    Edited by Via Garibaldi 8, 01 December 2016 - 03:25 PM.

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    #3 Fan Railer

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    Posted 01 December 2016 - 05:29 PM

    This is a murky topic with valid arguments from both sides. I trust you both know that.


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    #4 paulrivera

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    Posted 01 December 2016 - 05:43 PM

    The fact that the engineer lawyer waited until the last day before the statute of limitations would otherwise disallow this makes me wonder...


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    #5 Fan Railer

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    Posted 01 December 2016 - 05:52 PM

    The longer the time between the accident and the date of filing, the more of a case he has to make on the agency denying him disability (which in this case, was three years).


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    #6 46Dover

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    Posted 01 December 2016 - 08:09 PM

    The longer the time between the accident and the date of filing, the more of a case he has to make on the agency denying him disability (which in this case, was three years).


    But in this article, it says he wasn't given the proper equipment to operate with. Now if he's going about it in the way he was denied disability, the Railroad hated him that much that they didn't even give him a dime.

    BUT, with an undiagnosed condition, you could also say it was something he failed to disclose so much that it could affect his job to the extent that he wouldn't be operating trains, thus affecting his income.

    I will say this:

    The sleep apnea thing that's been the main case of this and the recent accident in Hoboken, and because these engineers didn't take it upon themselves to get treatment, is now going to have a widespread effect on the transportation industry as a whole, bus ops, truckers, railroaders included (in a similar case, the crash in Chase, Maryland that killed 16 people and the Conrail engineer was found under the influence of drugs, thus ramping up drug and alcohol testing for all transit operators). It's already hitting the bus operators. I've known a few folks who have been put out until they do a sleep study.

    In essence, the Federal government is now going to come out guns blazing and the after effect will not be pretty
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    #7 QM1to6Ave

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    Posted 01 December 2016 - 08:23 PM

    But in this article, it says he wasn't given the proper equipment to operate with. Now if he's going about it in the way he was denied disability, the Railroad hated him that much that they didn't even give him a dime.

    BUT, with an undiagnosed condition, you could also say it was something he failed to disclose so much that it could affect his job to the extent that he wouldn't be operating trains, thus affecting his income.

    I will say this:

    The sleep apnea thing that's been the main case of this and the recent accident in Hoboken, and because these engineers didn't take it upon themselves to get treatment, is now going to have a widespread effect on the transportation industry as a whole, bus ops, truckers, railroaders included (in a similar case, the crash in Chase, Maryland that killed 16 people and the Conrail engineer was found under the influence of drugs, thus ramping up drug and alcohol testing for all transit operators). It's already hitting the bus operators. I've known a few folks who have been put out until they do a sleep study.

    In essence, the Federal government is now going to come out guns blazing and the after effect will not be pretty

     

    Those sleep studies are not cheap, at all. If they become the norm, I see railroads and bus companies moving towards driver-less vehicles etc with even more vigor than they currently are. 


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    #8 46Dover

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    Posted 01 December 2016 - 08:34 PM

    Those sleep studies are not cheap, at all. If they become the norm, I see railroads and bus companies moving towards driver-less vehicles etc with even more vigor than they currently are.


    The insurance companies should compensate for that. Even with all the human issues, I don't think we'll be looking at automation that drastically. Example: the R143s that are operating on the (L). You'd still have to have on board ops to monitor the computers should they go haywire.
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    #9 Around the Horn

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    Posted 01 December 2016 - 10:33 PM

    Frankly, the way they have framed this lawsuit, he has a pretty good chance of winning and making Metro North look pretty bad...


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    #10 Via Garibaldi 8

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    Posted 02 December 2016 - 10:55 AM

    Those sleep studies are not cheap, at all. If they become the norm, I see railroads and bus companies moving towards driver-less vehicles etc with even more vigor than they currently are. 

    Yeah but I don't see how the (MTA) could do it. The unions would throw a fit and I don't think the public would go for it either.  I like reducing costs too, but not at the sake of risking safety.


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