May 05, 2008

Liability and CSX

Good story in the newspaper today from a local lawyer, Dennis Gorman, at Fletcher backing up CSX and their liability concerns:, click here. THIS IS A MUST READ!


Anonymous said...

This editorial confirms what I said a few weeks has very,very limited liabilty $100,000 (except where there is gross negligence??.the statre has very limited liability.......likewise for the MBTA........which actually carries humans as opposed to freight !!!!!.....CSX just wants parity with the city and and state if nothing else.......yet pols like Murray and Deval think that what is good for the state (limited liability) not good for CSX.........

Does anyone have any opinions about that joint venture liablity..when I can be 1% at fault and be on the hook for 100% of the judgement if those who are responsible for the other 99% are unable to pay.......another fantastic "Business Friendly" Mass Idea

Welcome to Mass - H+L+ - achusetts

Anonymous said...

"Hole"-y liability, train man !!!

Right, Jahn?!


Harry Tembenis
Worcester, MA

Anonymous said...

For those who couldn't open the link...

Monday, May 5, 2008 - 3:46 PM EDT
State won't buy CSX track in Central FloridaTampa Bay Business Journal
CSX Corp.'s deal with the state to sell 61 miles of track in Central Florida for a commuter rail system is off after the Florida Legislature did not approve a bill with provisions that the proposed sale hinged on.

It appears that the proposed terminal in Winter Haven will not be built, at least for some time, if ever.

CSX spokesman Gary Sease told that without the agreement with the state, there was no reason for CSX to move service from the line through Orlando to the one through Ocala. The company has adequate capacity now and will continue its previous path of gradually adding capacity as needed, he said.

The commuter rail deal had faced opposition from officials and civic leaders in Lakeland and other communities that would have seen freight train traffic increase as CSX would have rerouted trains through the area to a proposed intermodal rail yard in Winter Haven. In the end, it also faced opposition from people wary of the legislation's provisions to shield CSX from liability in accidents involving passengers.

In a statement to the press, CSX said it's disappointed that the Legislature "failed to endorse this important investment in Florida's future." While commuter rail in Central Florida will not happen, CSX also said it's "reviewing its timeline for rail infrastructure modifications in Florida and studying other implications" of the Legislature's action.

Harry Tembenis
Worcester, MA