UPDATE: Woman hit by train while taking photos is suing RR
by Holbrook Mohr/The Associated Press
9 months ago | 2867 views | 9 9 comments | 25 25 recommendations | email to a friend | print
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.
comments (9)
« Woolhat wrote on Wednesday, Nov 18 at 05:44 AM »
It's a shotgun approach. They throw everything into one of these that they think might stick.

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.
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« nlbutler wrote on Tuesday, Nov 17 at 11:22 PM »
you know...I would just be thankful that my child wasnt hit or killed. I mean, HOW does she know the train was "over the federal speed limit" was she aimin a radar gun at it?!?!
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« Woolhat wrote on Tuesday, Nov 17 at 09:34 PM »
I work in the trucking industry. We're hit with this kind of stuff all the time. They throw a bunch of stuff at you, and hope your insurance will offer 'em something to go away. Apparently it works often enough to keep the charlatans and ambulance-chasing lawyers trying it.

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.
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« MainSt-guru wrote on Tuesday, Nov 17 at 06:35 PM »
Can you say dumb a**?

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.
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« americasgone wrote on Tuesday, Nov 17 at 06:06 PM »
It is hard to believe that this woman can be this stupid. Even a dog has the sense to get out of the way of a moving train. I hope she loses her case and has to pay BNSF's legal fees.
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« jbhawesome@gmail.com wrote on Tuesday, Nov 17 at 05:07 PM »
I read this and laughed for a while but then i started thinking, you're the reason some Mississippi people look stupid. Maybe instead of caution signs they should have Helen Gable signs. It's called common since so use it!!!
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« midtownwrecker wrote on Tuesday, Nov 17 at 04:19 PM »
I agree with Bulldawg225. These lawsuits

are what cause everyones insurance rates

to keep climbing. Hope the judge charges

her for being ignorant.
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« MSUandWavefan wrote on Tuesday, Nov 17 at 04:19 PM »
this is comparable to McDonalds getting sued for "people getting fat" or idiot spills coffee on themselves, now they have to actually put "CAUTION:HOT" on the coffee cups.

just stupid.

Maybe she should try to walk across an Interstate and sue whoever hits her because there wasnt a sign.
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« bulldawg225 wrote on Tuesday, Nov 17 at 03:56 PM »
posting no-trespassing signs, maybe they should post "ignorant people stay away from tracks!!!"

I hope the judge throws this ridiculous lawsuit out.
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