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Sat Jan 26, 2013, 02:34 AM

Suit against Austria's railroad gets new shot

Source: SF Chron

A federal appeals court granted a new hearing Friday to a Berkeley woman who lost her legs when she fell through a gap on a railway platform in Austria, was hit by a train and later tried to sue the government-owned railroad for damages.

A panel of the Ninth U.S. Circuit Court of Appeals in San Francisco had voted 2-1 in September to dismiss Carol Sachs' lawsuit against OBB, the Austrian national railroad. The majority cited a U.S. law that bars suits against foreign nations for governmental actions.

Sachs sought a rehearing, arguing that the railroad had engaged in commercial activity through its involvement in an agency that sells multi-railway tickets called Eurail passes in the United States. On Friday, the appeals court said a majority of its judges had voted for a rehearing before an 11-judge panel, to be held the week of March 18 in San Francisco.

Sachs, who had bought a Eurail pass, was injured in April 2007 at a station in Innsbruck. She said she slipped through a gap and fell to the tracks when the doors of the train she was trying to board closed and the train started moving. Both her legs had to be amputated above the knee.

Read more: http://www.sfgate.com/bayarea/article/Suit-against-Austria-s-railroad-gets-new-shot-4225181.php

3 replies, 1126 views

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Reply Suit against Austria's railroad gets new shot (Original post)
alp227 Jan 2013 OP
naaman fletcher Jan 2013 #1
marble falls Jan 2013 #2
naaman fletcher Jan 2013 #3

Response to alp227 (Original post)

Sat Jan 26, 2013, 08:10 AM

1. Great

 

I guess we won't be able to buy Eurorail tickets anymore.

Why would any euro country participate in that if it means they can get sued in california for something that happened in Austria?

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Response to naaman fletcher (Reply #1)

Sat Jan 26, 2013, 08:24 AM

2. Could she sue in the US for a defective Chevy in which she was injured in Austris?

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Response to marble falls (Reply #2)

Sat Jan 26, 2013, 08:26 AM

3. i think so

 

am not sure

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