In some ways you feel bad, but when a 17-year-old Georgia high school senior who lost both his legs below the knees when he was struck by a train in March, decides that he now must sue the company because they were responsible for him wearing ear buds and walking on the railroad…It gets harder to see eye to eye with him.
Just not smart.
Ohl claims in a suit filed in DeKalb County last week, that he has lost his leg because CSX was derelict in it’s duties to warn him their train was coming – and now he wants at least $200,000 in compensation.
Ohl’s suit not only goes after CSX, but also the train operators Derrick Tyrone Marshal of Stone Mountain, and Clifton Edward Martin of Greenwood, South Carolina, who were running it that fateful day.
According to the suit, the two had noticed that Ohl was 1,000 feet in front of them, but did not ring the train’s bell, blow its horn or put on the brakes.
Of course a gigantic train carrying heavy cars took at least half-mile – around 2,600 feet – to come to a full stop once the brakes were applied, but it would prove too late, of course.
The suit also claims that they could not see Ohl, whether he had moved or not because a lack of a properly functioning camera on the front of the train
CSX also didn’t have any proper warning signs or fences to stop people walking by the tracks, though you would assume that common sense would come into play – nope. The suit continues to blame CSX, and say that it is liable for his hospital bills – which have already totaled more than $200,000, as well as damages that he may suffer in the future due to injury.
CSX would not comment on the suit and would not say whether Marshall and Martin are still employed with their company.
A GoFundMe page was established, if you would like to help out Ohl. So far it has made $45,652 as of Monday afternoon.
In the immediate aftermath of the accident, Ohl was able to call 911 for help. In the recording he can be head calmly telling the operator ‘Um, I just got hit by a train.’
Noting that his voice is unusually flat – Ohl was in shock at the time – she asks whether he is all right and what happened.
He replies that there is a problem with his legs: ‘I think it cut them off.’
After finding him at the scene, paramedics applied tourniquets to Ohl’s legs to stop the bleeding, likely saving his life.
A family friend described Ohl in the GoFundMe page as a thriving senior at Brookwood High School, where he is enrolled in honors classes and plays first-chair stand-up bass in the school orchestra.
Is there fault with the company? Sure, I could see that…But when does personal responsibility come into play? The kid was walking on the train tracks, with headphones in. Would you do that on the road?
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