Mar 10, 2009
Bills in Legislature Would Give CSX Free Ride on Liability
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Published: Sunday, March 8, 2009 at 12:01 a.m. Last Modified: Saturday, March 7, 2009 at 11:05 p.m.
Joe Follick, in a Ledger article Feb. 19, was a bit misleading about the transfer of liability for accidents in the proposed Central Florida Commuter Rail Corridor to state taxpayers.AC = -->
Mr. Follick wrote that "The only thing lawmakers need to approve to complete the deal is a proposal that would make the company and the state responsible for their own equipment, employees and passengers in a crash, regardless of who might be at fault."
Actually the Proposed Committee Bill 901 before the House and Senate Bill 1212 require to "forever protect, defend and indemnify and hold harmless" CSX, even for CSX's negligent, willful and wanton conduct.
The no-fault principal really means that Florida taxpayers will be responsible for paying the bill in several scenarios even if CSX "or any other person or persons whomsoever" is completely at fault and even if CSX's conduct is so reckless that it results in punitive damages.