Addressing the deadly Washington D.C. train crash Debbie Hersman of the National Transportation Safety Board said the operator of the train that “slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident.” as reported in the Washington Post. Hersman said the “emergency brake button, known as the ‘mushroom,’ was depressed, and the steel rails showed evidence that the brakes were engaged.”
Jury Must Find Substantial Factor When “An” Injury Is Undisputed In Auto Case
January 16, 2014
In Herbst v. Marshal, 4th Dept 2011 (CA 11-00326) the Fourth Department upheld the lower Court’s ruling to set aside a jury verdict in favor of the defendant as against the weight of the evidence based on the jury’s finding that the crash was not a substantial factor