One of the most horrifying types of accidents is a train derailment. The end result is usually a carnage of metal, track, debris and human tragedy. This is exactly what happened in Batavia(outside Rochester) New York several years back, when a New York bound Amtrak train derailed. There were scores of significant injuries and our client , who was thrown from the train, suffered numerous fractures [and much more] and underwent 13 surgeries.
Upon being retained, I prepared an order to show cause, flew my co-counsel up to Rochester and we were able to secure pre-suit inspection of the train and tracks (alongside NTSB workers)as well as a Temporary Restraining Order restraining any movement, repair, alteration or modification of the train or tracks until our experts could inspect them.
We brought in a train and track expert(like in Butch Cassidy and the Sundance Kid; Who are those guys?) with collectively 70 years of experience working at Amtrak and Conrail. Amtrak knew them well and respected and feared them. By the time our inspection was done and shortly after filing suit, defendants conceded liability on our case...not on the other 27 that were later filed.
I took three videotape depositions of the trauma surgeons in Strong Memorial Hospital. We took the videotape deposition of the "first responding rescue worker at the scene " who found my client on an embankment a mess of blood and exposed bone... He was one of the great, untouchable witnesses of all time.
I vowed that on this case I would do something productive EVERY DAY ON THE CASE, and I did. I pounded and pounded the defendants until they invited us down to Amtrak headquarters on 30th Street to resolve the case...[with fresh $ and structure totaling over $4 million].
I went one on one with the Senior Partner who arguably was and is the best train, defense litigator in the country..
I would meet up with him many times after the conclusion of this case as well.
One of the best cases I ever had! Remember it well.
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