September 12, 2018 02:21PM
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Registered: 14 years ago
Posts: 272
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So...the 10 plaintiffs want damages and compensation for the property that was damaged. Jerry Day says none of these plaintiffs suffered any quantifiable damages to a significant degree, yet other properties that did get damaged have not joined in the lawsuit. I find this quite interesting. I am wondering if the plaintiffs are trying to prove a point, trying to force a settlement, or perhaps just the target of an "ambulance chaser". If the latter, I (and others posting to this thread) find it curious that those that did suffer more damage are not part of the lawsuit.
I am assuming that should this suit move forward, this would be a jury trial. I find that disappointing, because good lawyers can manipulate the emotions of juries regardless of facts. Even assuming the locomotive did start the fire, the railroad was not doing anything it was not legally permitted to do. The forest was still open and they had a legal right to operate. Did the railroad have a legal obligation to remove brush along the right of way? Were they required to run diesels, or have a certain number of firefighting staff or equipment? Were the firefighting measures the railroad had in place part of a written agreement with the forest service? Or were they basically trying to protect their own interests knowing that if a fire started they would be the ones to lose the most? In my view, the railroad was doing what they reasonably could to be fire-conscious while still remaining open and abiding by the rules and regulations required of them.
I'm trying to think of cases of other persons/parties charged with starting fires. If someone is charged criminally, it is because they broke some kind of rule (such as built a campfire or set of fireworks against the rules). Being that this is a civil suit, I am guessing the lawyers for the plaintiffs will be trying to persuade the jury that even though the railroad did not break any rules, the railroad was negligent, could have done more, could have been more proactive, etc. I just hope that the jury can see through this, or perhaps the case will be rejected by the judge before it gets to that point.
Kevin
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Chris Webster |
September 11, 2018 07:53AM |
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RDannemann |
September 11, 2018 09:05AM |
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Dan Markoff |
September 11, 2018 09:58AM |
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Tomstp |
September 11, 2018 10:34AM |
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John West |
September 11, 2018 10:49AM |
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george pearce |
September 11, 2018 10:38AM |
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el gringo grande |
September 11, 2018 10:48AM |
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el gringo grande |
September 11, 2018 10:45AM |
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guymonmd |
September 11, 2018 11:56AM |
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Jerry474 |
September 11, 2018 12:55PM |
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gregcoit |
September 14, 2018 08:35AM |
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Jerry474 |
September 14, 2018 10:03AM |
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Tim Schreiner |
September 14, 2018 11:28AM |
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Greg Scholl |
September 11, 2018 01:00PM |
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KevinM |
September 11, 2018 02:55PM |
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Jerry474 |
September 11, 2018 03:11PM |
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Como |
September 11, 2018 02:53PM |
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Tomstp |
September 11, 2018 03:06PM |
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Jerry474 |
September 11, 2018 03:13PM |
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Jerry474 |
September 11, 2018 04:12PM |
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TheTrekki |
September 12, 2018 02:16AM |
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John West |
September 11, 2018 04:22PM |
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Jerry474 |
September 11, 2018 05:20PM |
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Brian Norden |
September 11, 2018 06:01PM |
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Jerry474 |
September 11, 2018 06:27PM |
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philip.marshall |
September 11, 2018 06:32PM |
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Brian Norden |
September 11, 2018 10:09PM |
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Chris Webster |
September 12, 2018 05:35PM |
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Samart |
September 11, 2018 05:21PM |
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Jerry474 |
September 11, 2018 06:28PM |
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gregcoit |
September 14, 2018 08:44AM |
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kcsivils |
September 14, 2018 09:55AM |
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Earl |
September 14, 2018 10:11AM |
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guymonmd |
September 14, 2018 11:36AM |
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Earl |
September 14, 2018 12:20PM |
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Jerry474 |
September 14, 2018 01:28PM |
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Samart |
September 14, 2018 01:08PM |
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Kelly Anderson |
September 11, 2018 05:51PM |
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Jerry474 |
September 11, 2018 06:25PM |
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Mike |
September 11, 2018 06:38PM |
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et&wnc |
September 12, 2018 09:46AM |
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drgwk37 |
September 11, 2018 06:55PM |
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Mark Petersen |
September 11, 2018 08:48PM |
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mrwalsh85 |
September 12, 2018 04:54AM |
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BodieCalifornia |
September 12, 2018 05:47AM |
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Ron Keagle |
September 12, 2018 07:51AM |
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Peyton Smith |
September 12, 2018 08:07AM |
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Jerry474 |
September 12, 2018 08:35AM |
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Peyton Smith |
September 12, 2018 08:45AM |
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Jerry474 |
September 12, 2018 09:35AM |
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Earl |
September 12, 2018 11:09AM |
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Peyton Smith |
September 12, 2018 02:35PM |
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Jerry474 |
September 12, 2018 02:46PM |
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drgwk37 |
September 13, 2018 04:57AM |
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pd3463 |
September 12, 2018 08:05AM |
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Peyton Smith |
September 12, 2018 08:43AM |
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Tomstp |
September 12, 2018 09:06AM |
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jim pallow |
September 12, 2018 09:11AM |
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MSRRKevin |
September 12, 2018 02:21PM |
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Chiloquinruss |
September 12, 2018 03:46PM |
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et&wnc |
September 12, 2018 04:10PM |
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Samart |
September 12, 2018 04:40PM |
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Tomstp |
September 12, 2018 05:41PM |
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bnsf dispr |
September 14, 2018 02:41PM |
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drgwk37 |
September 14, 2018 08:44PM |
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bcp |
September 14, 2018 09:05PM |
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Kelly Anderson |
September 15, 2018 12:50AM |
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drgwk37 |
September 15, 2018 05:44AM |
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Ron Keagle |
September 15, 2018 09:57AM |
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Jerry474 |
September 15, 2018 10:02AM |
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bcp |
September 15, 2018 10:37AM |
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drgwk37 |
September 15, 2018 06:39PM |
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narrowgauge |
September 16, 2018 10:10AM |
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mrwalsh85 |
September 16, 2018 03:27PM |
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drgwk37 |
September 16, 2018 06:53PM |
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kcsivils |
September 16, 2018 07:27PM |
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Chris Walker |
September 17, 2018 02:49AM |
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Tomstp |
September 17, 2018 09:10AM |
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guymonmd |
September 17, 2018 01:10PM |