Goose attack = $75 lawsuit

[nkanofolives]

http://www.wvrecord.com/news/207858-employee-sues-csx-over-run-in-with-goose



Employee sues CSX over run-in with goose

2/12/2008 1:26 PM
By Chris Dickerson -Cabell Bureau

HUNTINGTON - A CSX Transportation conductor is trying to goose his employer in federal court after he was attacked by a goose in a railyard.

Aaron E. Richards filed a FELA lawsuit Feb. 4 in U.S. District Court in Huntington against CSX.

On April 23, 2005, Richards says he was working as a conductor at the Keyser Receiving Yard near Ravenswood and was performing a brake test on a CSX train.

"As plaintiff performed the required inspection, a goose which was previously known by defendant to have nested in its yard area, suddenly jumped out from under one of the railcars, striking plaintiff, and causing him to fall," the complaint states.

Richards claims his injuries were caused by the negligence of CSX.

He lists injuries as past and future pain, past and future medical treatment, loss of earnings and impairment of future earning capacity and loss of enjoyment of life.

Richards seeks damages in excess of $75,000 as well as costs and other relief. He seeks a jury trial.

Richards is represented by Huntington attorney W. Michael Frazier and William Kvas of the Minneapolis law firm of Hunegs, LeNeave & Kvas. The case has been assigned to Judge Robert C. Chambers.

U.S. District Court case number: 3:08-0079



Ok...Questions:


So this guy is a wuss...that being said...

(I recognize that this is a VERY GENERAL question, but just go with it)

To what extent if any does an employer have a responsibility of protecting its employees from wild animal life?

IMHO, IANAL, the answer is none. Think about it, if you are a park ranger, you are prob. employed by the state/feds...are they supposed to protect you from the possibility of bear attacks? No. But even if so, how could they?

Wouldn't logic dictate that if the scope of your work involves being outdoors at all, then there is an inherent "risk" associated with a possible encounter with animal life?

I have to believe that there are protections in place to protect employers. Going by this logic, if one gets in a car accident on their way to work, then the employer should be at fault...

You legal folk...help!


Next question...in the event you are being attacked by a goose, what is the best way to defend yourself? I do not care if I kill it or not.

[DefensiveCarry.com]

[charmincarmens]

Well lets not get our gander up. IMO, this case will most likely get thrown out by the judge. Geese will run from you if you confront them. If you show them you are afraid, you lose.

[dukalmighty]

I've heard of somebody getting goosed before,but 75,000 for a bruise or scrape that guy wouldn't want me sitting on the jury

[matiki]

Well lets not get our gander up. IMO, this case will most likely get thrown out by the judge. Geese will run from you if you confront them. If you show them you are afraid, you lose.

I agree except for geese running from you. The Canadian Geese that fly through the area I live in, WILL attack and will NOT run until injured. Mean buggers they is.

[cdwolf]

Grab it around the neck spin 5-6 times, add a good side dish and a glaze. on the grill at 350 for 1 hour.

[cmidkiff]

Didums' fall down and go boom????

Did that nasssty gooses scare the poor little guy????

Man up, already. If he really injured himself on the job, worker's comp ought to handle it, goose or no goose. Other than that, he's not owed a dime. Throw the bum out!

[miklcolt45]

Richards seeks damages in excess of $75,000 as well as costs and other relief. He seeks a jury trial.

He's just trying to feather his nest. JMO.

[Ram Rod]

Pitiful. With a sum that large and a possible jury trial---I'm almost sure there will be a settlement. I'm also sure someone's banking on just that. Sick though---really sick.

[rmarcustrucker]

my "tiger claw" will beat "goose bite"...sorry to many Bruce Lee movies.

[Reborn]

Yea, but just think how many guns $75,000 would buy. Here goosey, goosey. This guy is probably a

[retsupt99]

Story update...

The CSX Goose has handed the case over to the AFLAC Duck using the 'old' pigeon drop pass off...

More later...

[JonInNY]

I think this story is for the birds. He should have ducked out of the way.

[cvhoss]

One of my wishes is that I live long enough to see our Tort laws changed so that if a Plaintiff loses they automatically become liable for the Defendant's legal expenses.

Hoss

[Rock and Glock]

The CSX Goose has handed the case over to the AFLAC Duck using the 'old' pigeon drop pass off...

One of my wishes is that I live long enough to see our Tort laws changed so that if a Plaintiff loses they automatically become liable for the Defendant's legal expenses.

Yea! The current system justs cooks my goose.

[stanislaskasava]

One of my wishes is that I live long enough to see our Tort laws changed so that if a Plaintiff loses they automatically become liable for the Defendant's legal expenses.

Hoss

Agreed. There's nothing worse than taking unpaid time off of work to sit on a jury for some frivolous lawsuit. A frivolous appeal is even worse. Ask me how I know. I lost a month's pay because I thought I would be 'serving my country'. The lawyers still made their money though.