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Old December 3rd, 2015, 08:52 PM posted to rec.travel.europe
W. Wesley Groleau
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Posts: 36
Default Train accident victim (Berkeley, CA woman) can't sue railroad(owned by Austria) in the USA

On 12-03-2015 13:25, tim..... wrote:

wrote in message
...

How old was (is) she? Was she careless?

Did she try to sue the RR (rail road) in Austria?


She had bought her Eurail pass, a multi-railway ticket, --- was
she a young woman? (sounds like it)


---- Eurail pass ... like that movie with Julie Delpy


I thought this was mainly a [personal jurisdiction] issue (case),
but
the following excerpts suggest that there's more to it than that.


Seems fair to me.

She can't sue the company in the USA because it has no operational
presence there.

The judge ruled that simply having ticket agents wasn't enough.

What's the problem with that?

(I know that it's unfair on the lady in question, but you simply cannot
allow people to chose the jurisdiction that they want to sue somebody
based on nothing other that personnel convenience)


Although the citation was to a U.S. court, the mention of "immunity
because government-owned" suggested a suit in Austria where the
government owns it. But it might have meant something else ....


--
Wes Groleau