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Train accident victim (Berkeley, CA woman) can't sue railroad (ownedby Austria) in the USA



 
 
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Old December 2nd, 2015, 09:44 PM posted to rec.travel.europe
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Default Train accident victim (Berkeley, CA woman) can't sue railroad (ownedby Austria) in the USA


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.


http://www.sfgate.com/bayarea/articl...ad-3900913.php

2012 and this week (in 2015) ---- A Berkeley woman who lost her legs when she fell through a gap on a railway platform in Austria and was hit by a train can't sue the government-owned railroad for damages because it is legally immune, a divided federal appeals court has ruled.

Carol Sachs was injured on April 2007 at a station in Innsbruck. According to her lawsuit, she slipped through a gap and fell to the tracks when the doors of the train she was trying to board closed and the train started moving. Both her legs had to be amputated above the knee.

Her suit accused OBB, the Austrian national railroad, of operating the train negligently and failing to provide a safe place to board or to warn passengers.

http://cdn.ca9.uscourts.gov/datastor...6/11-15458.pdf

.......... A few days later, on April 27, 2007, Sachs arrived at the Innsbruck train station and attempted to board a moving train. She fell to the tracks through a gap in the platform and suffered injuries that ultimately required the amputation of both legs above the knee.

http://www.sfgate.com/bayarea/articl...in-6668446.php
 




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