Well not me actually but my dad.

He was on a train coming back from New york (sleeper car); riding back with my youngest brother.

In the sleeper car there are two bunk beds. He was in the top on , my brother was on the bottom bunk. Well the train announces that its about to come to a stop in Raleigh , NC and my dad was gonna get out while stopped to use his cel phone.

He was getting out of the top bunk and just as the train was about to fully stopped it Slammed to a stop or switched tracks causing the train to shake roughly and throwing him out of the top bunk he was getting out of onto the ground , causing him to fracture his shin bone on the ground some 5ft below.

The train usually comes equipped with a small step ladder that hangs from the top bunk which slides in and out. This one was not equipped with one.



My dad filed suit against amtrak to see what they come back with. All he wants is Medical bills paid, lost wages for time out of work paid, his trip to new york refunded and one round trip ticket from amtrak for every member of my immediate family per year (4 round trip tickets per year);
But right now hes just waiting to hear back from them on what they will try to settle for out of court.

His lawyer friend said he was crazy to ask for anything under 10k, but however my dad is a geniunely good guy and hates all the sue crazy people in this day and age, hence the reason why he only wants what he lost+round trip train ticket for compensation.

So i present to anyone that knows case law about things like this, does he stand a chance going against the behemoth that is the goverment owned amtrak?

*98 eclipse rs
*2005 srt4 (screw the warranty let the modifications begin)

1998 dodge avenger 4 cyl AT
Mods are:
Not enough

Respectfully, F- You sir. Well his legs are his livelihood (Works for public works as water repair tech)

He loves riding the train, does it once a year every year. the ladder for the top bunk was missing and gone.

Yes the train buckles but if he wasnt having to "jump" from the top bunk he wouldnt have fell out of the top bunk. (btw he asked for a ladder and the concierge<sp?> said they took the one out of his room to put in the room next door and that they didnt have any left.)

Hes not sue crazy hence the fact that he dosent want any money out of this. Hes never sued anyone in his life.

*98 eclipse rs
*2005 srt4 (screw the warranty let the modifications begin)

Just got off the phone with my dad, hes back at his home now.

As an update also to this, amtrak came back to him this monday morning and offered 25k out of court. He declined and said he only wanted his medical bills (250$ copay as of right now) ,refund his trip(455$), lost overage pay; they were more than happy to oblige and told him they would work something out as a discount or free train tickets, and would get back to him in regards to that.

He goes back to the doctor today to see if he will need surgery on his leg as he has no feeling in his foot.

He told me he couldnt live with himself if he took that amount of money.

*98 eclipse rs
*2005 srt4 (screw the warranty let the modifications begin)

2009 Corolla S - waiting until 2012 for my next toy!
*SOLD* 1992 3000GT VR4 - pearl white and 45,6xx miles!
*SOLD* 2007 Subaru Legacy GT sedan
*SOLD* 95 Mitsubishi 3000GT VR4 - BPU
*SOLD* 97 Eclipse GS Star Stage 2

2009 Corolla S - waiting until 2012 for my next toy!
*SOLD* 1992 3000GT VR4 - pearl white and 45,6xx miles!
*SOLD* 2007 Subaru Legacy GT sedan
*SOLD* 95 Mitsubishi 3000GT VR4 - BPU
*SOLD* 97 Eclipse GS Star Stage 2

I would say he take the $25k and put it in a bank account and take money out of it every year to pay for the tickets.

Or donate the money to charity if it really bothers him so much. A very needy organization would really put $20k to good use.

--- My 2gnt WIKI contribution ---> http://www.jamlez.com/2gnt

97 Eclipse Spyder

Thanks for the backup support guys. Ya, but i mentioned to him about the 25k thing and donating to a charity. Hes actually considering taking 25k, using 5k to payoff med bills, pay , etc, and taking the other amount and splitting it up to charities.

*98 eclipse rs
*2005 srt4 (screw the warranty let the modifications begin)

I agree with others above. He should take the settlement and pay off the bills first. Then, if he wants to give some to charity that would be great, but some should be saved for investment purposes. Your family would not get rich from this, it's just that kind of money doesn't come along everyday. It's not unethical to take the money, and there is now way Amtrak would offer it unless they knew what they could lose in total if it went to court. On top of that, you don't know what kind of injuries he could have long term. What looks like a simple fracture now could lead to life long complications.

Tell your dad to really consider everything, and get a second opinion from a doctor about his legs before he turns down anything. Good luck man, I hope everything works out well.

97 RS- Runs, but never driven
2000 Subaru Outback- Daily Driver

Don't sell your car to 16 year olds...

95 Eclipse RS - Sold for 6k, totalled three days later
91 Dodge Stealth R/T TT - 3" exhaust w/ no cats, eurethane motor mounts, 300M unbreakable output shaft, kevlar faced clutch, turbo XS BOV, 99 3000gt front conversion, carbon fiber hood. Dyno'd at 386hp. - SOLD! for 5k
98 Dodge Ram 1500 Club Cab 4x4 black on black.

Fuck that shit! If they wanted to throw $25k my way that's their own fault and I'd be keeping them monies. Yeah I said it.

1991 Mitsubishi Eclipse GSX - SOLD
2006 Mustang GT Convertible