6.9 Million Dollar Verdict Against Amtrak

Help Support Amtrak Unlimited Discussion Forum:

Night Ranger

Service Attendant
AU Supporter
Joined
Jan 22, 2020
Messages
148

Apparently, Amtrak's trial strategy was to dispute the severity of her injuries. 180 hours of survellience shows how serious they were as that type of operation costs a lot of money even if only 12 minutes of it was used in court. Using the figures in this article, my public school math says Amtrak is liable for 28.4 million dollars in the 3 cases heard so far with more suits to come. Wonder what the chances are of the judgement being reduced on appeal.
 

flitcraft

Conductor
Joined
Jan 10, 2018
Messages
1,109
Apparently, Amtrak's trial strategy was to dispute the severity of her injuries. 180 hours of survellience shows how serious they were as that type of operation costs a lot of money even if only 12 minutes of it was used in court. Using the figures in this article, my public school math says Amtrak is liable for 28.4 million dollars in the 3 cases heard so far with more suits to come. Wonder what the chances are of the judgement being reduced on appeal.
This is a classic defense strategy in personal injury cases--but it often backfires. The plaintiff's lawyer will argue to the jury, "They snuck around and secretly filmed her for days on end, and now all that they showed you is a few spliced minutes that they cherry-picked to try to convince you that she wasn't badly injured. Why aren't they showing you the rest of their spy-film? Because it would have convinced you that she truly did suffer life-changing injuries, that's why."

As for whether the verdict will be reversed on appeal, current stats say that about 80% of multi-million dollar verdicts for plaintiffs are either reduced on post-trial motion for remittitur, or reduced on appeal, or the parties agree on a reduced figure in lieu of appeal. The problem for plaintiffs is that they need the money now for medical bills and remodeling of their homes to accommodate their disabilities. If the defendant says they are going to appeal, even if the plaintiff's judgment is fully upheld, the plaintiff won't see the money for several years. Hence, the attractiveness of taking pennies on the dollar now to avoid the uncertainty of an appeal and the certainty of at least some compensation now.
 
Top