by Holbrook Mohr/The Associated Press
9 months ago | 2867 views | 9

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JACKSON — Helen Gable was taking pictures on the railroad tracks in Tupelo in 2006 when a train cut her leg nearly off as she tried to get out of the way.
Gable and her husband are suing the BNSF Railway Company for nearly $6 million. The husband wants $575,000 for "his mental anguish and loss of consortium and sexual relations with his wife."
Helen Gable says in the lawsuit that the company should have posted no-trespassing signs to keep people away from the tracks.
She also claims the train was exceeding federal speed limits and that she was injured by a cable or wire that shouldn't have been hanging off the side of the train, according to the lawsuit, which was first filed in Mississippi state court then transferred last week to U.S. District Court.
"Helen Gable, while taking pictures of her niece's daughter, was exercising due care" while standing on the tracks, the lawsuit said.
Gable's foot got stuck in the rocks about six feet from the tracks when she tried to get out of the way, the lawsuit says. It took six surgeries to repair the damage to her right leg.
BNSF Railway Company spokeswoman Suann Lundsberg said the company is investigating and is sympathetic to Gable's injuries. But Lundsberg also said Gable "admits in her lawsuit filing that she was trespassing" to take photos on the track.
"What may have seemed a harmless photo opportunity is among the more dangerous activities any human being can engage in with a railroad," Lundsberg said.
Lundsberg also said BNSF has equipment that detects if something is hanging or dragging from a train.
"Simply stated: Trains cannot stop quickly, and people need to be safe and responsible around railroad tracks," Lundsberg said. "BNSF does have trespasser abatement programs and our train crews, resource protection personnel and other BNSF employees are all trained and instructed in the dangers associated with trespassers on the railroad."
Gable's attorney did not immediately respond Tuesday to a message.
I have witnessed a couple of crossing incidents. In both cases, the victims got out of their cars screaming, "There was no horn blowing!" In fact, the warning blasts from the horn had already alarmed the whole community -- except for the distracted person behind the wheel.
As long as lawyers take these cases on a contingency basis, we'll get this kind of stuff to laugh at, but it isn't funny for businesses. There's a long tradition of putting a legal bull's eye on railroads, phone companies, trucks, or any other business known to carry lots of insurance.
Let's just hope the RR is able to make it a case of law, and gets a judge willing to do the right thing. Get something like this before a jury, and you never know what they're gonna do with it.
Hope this woman's neighbors give her a hard time for being so stupid.
For $500,00 her husband can get one of them ladies of the night like the governor of New York had. Dang that is so embarrassing!
I hope the national media get a hold of this story.
are what cause everyones insurance rates
to keep climbing. Hope the judge charges
her for being ignorant.
just stupid.
Maybe she should try to walk across an Interstate and sue whoever hits her because there wasnt a sign.
I hope the judge throws this ridiculous lawsuit out.