The translation of the Tross documents was the work of Matt Jannsen who worked for Wasatch at the time. Matt J bought the "book of business" of the remnants of the Skinner Engine Co. and as far as I know is still servicing functional Skinner engines.

I think I may have mentioned this before, but it seems to be overlooked.

Unless I am mis-understanding things, the prison time is for one issue and only one issue. Improper handling of asbestos and false documentation related to that.

There are many other allegations floating around out there. However, it would appear that he's only been convicted on one.

There are allegations that he overbilled the NPS for work. I don't think I've seen any legal processed related to that, or have I overlooked it?

Everyone is saying how they finally got him and caught up with all his evil deeds. From what I can see, he's been convicted of only one thing.

Are additional charges pending? Are civil cases pending? There are a lot of allegations out there, but not seeing much to back any of it up.

I'm trying to simply state facts here, and avoid any opinion of innocence or guilt. But it seems odd that most matters aren't being pursued.

Well Bob he is now a convicted felon which will stick with him for the rest of his life, his business has been liquidated, his family home confiscated and sold and he's now sitting in prison.

Is more needed???

Merry Christmas. Ross Rowland

That depends on your goal. Is the goal to punish him, or is the goal to provide some sort of justice for those that he wronged?

Obviously, he has no money left. But let's say that he was tried and convicted of some other crime. Potentially that could help an organization file an insurance claim or possibly get a grant to help make them whole. I'm not an insurance expert, so I can't say for sure if it would matter. Would they have more chance of a settlement with a fraud conviction rather than simply a matter of poor workmanship or increased costs? Seems plausible.

Do we evaluate whether crimes should be prosecuted based on how much punishment the criminal has already had? Or do we judge the crime on the merit of the case?

I have zero vendetta against him. I get no satisfaction from seeing him in jail, nor has he done anything (that I know of) that has affected me or organizations I work with. As the saying goes, I have no dog in this fight.

However, I do think that if some of the other alleged crimes are in fact true, they should potentially be prosecuted as well. If there was a plea bargain for just this one event, I've not heard of that.

I've uploaded the German Staybolt files to the Facebook page, "Steam Locomotive Knowledge Box." You will find some using the searchword "Tross" and others "DV 946." I have no further comments on this subject.

An insurance company normally wouldn't waste their time with subrogation against someone who had all their assets seized.

I agree, but I don’t care if they go after him. I’m just wondering if having a conviction would make it more likely they’d pay a damage claim?

A couple of technical points.

1.) Subrogation is a process by which insurers settle between themselves when the liability exists but the responsible is in question: Example-if you get "T-boned" in an intersection, the question is what driver (and whose company) is liable. Where the colliding vehicle was struck, the other and the issuance of moving violation citations play a role in the determination.

2.) If Rimmasch had a liability insurer, generally there are exclusions for knowing, willing and intentional illegal acts that have been found to have committed in a criminal proceeding by a court of competent jurisdiction.

https://www.mondaq.com/unitedstates/ins ... minal-acts

https://omjblaw.com/liability-insurance ... exclusion/

However, the absence, exclusion or inadequacy of insurance does not negate, in my non-lawyer understanding the possibility of a tort liability claim by injured parties. I once had the opportunity to hear one of the perpetrators of the MCI/WorldCom accounting fraud speak at a KPMG national training. He explained that sprakingengagements were the only way he could begin to chip away at judgments for the claims against him for the fraud.

Lawyers can comment about whether the liability here would be against WRC or Rimmasch personally. Assuming there is personal liability, I suspect that upon release, JR will have difficulty finding employment and my understanding is if he does, he will be ordered by the court(s) to make payments to his victims in excess of an amount necessary for ordinary and reasonable living expenses.

The Reader's Digest version: you wouldn't want to be JR.

A couple of technical points.

1.) Subrogation is a process by which insurers settle between themselves when insurer liability exists but the responsible carrier is in question: Example-if you involved in vechicle accident, the question is what driver (and whose company) is liable. Where the colliding vehicle was struck and the issuance of moving violation citations , among other things play a role in the determination.

2.) If Rimmasch had a liability insurer, generally there are exclusions for knowing, willing and intentional illegal acts that have been found to have committed in a criminal proceeding by a court of competent jurisdiction.

https://www.mondaq.com/unitedstates/ins ... minal-acts

https://omjblaw.com/liability-insurance ... exclusion/

However, the absence, exclusion or inadequacy of insurance does not negate, in my non-lawyer understanding the possibility of a tort liability claim by injured parties. I once had the opportunity to hear one of the perpetrators of the MCI/WorldCom accounting fraud speak at a KPMG national training. He explained that sprakingengagements were the only way he could begin to chip away at judgments for the claims against him for the fraud.

Lawyers can comment about whether the liability here would be against WRC or Rimmasch personally. Assuming there is personal liability, I suspect that upon release, JR will have difficulty finding employment and my understanding is if he does, he will be ordered by the court(s) to make payments to his victims in excess of an amount necessary for ordinary and reasonable living expenses.

The Reader's Digest version: you wouldn't want to be JR.

Thank you very much, Matt. That's a great help to me, and I suspect to at least some others.

Just riffing here, but I would think the prosecutors may consider a cost/benefit analysis in going after him any further. In other words, would the prosecutorial outcome be worth the expense to tax payers in order to make a few people feel good. Probably not.

Well, most of your post is incorrect. Citations are rarely used as a basis for liability, as they can be overturned.
Insurance companies can (and often do) subrogate individuals. I set up three just this afternoon against individuals.
I have 20 years in claims for a major insurance company.

Insurance related:

I heard of an insurance issue that was 3rd or 4th hand regarding the 1522, perhaps it can be verified.

1. The 1522 had serious running gear repairs contracted in the $500K range.
2. They had required insurance to run on BNSF.
3. The 1522 derailed on the break-in run while turning on a wye.
4. BNSF hired a wrecking contractor to clear the loco off the wye and were not gentle at all causing damage to the new repairs causing extensive rework.
5. Insurance paid for the cost of the rework.
6. THEN, as the story goes, the insurance company filed a claim with BNSF for the cost of the rework because it was damaged on BNSF track by the contractor wrecking crew.

This was obviously more than 20 years ago and related by a reliable source.
Are all the presented issues true? Is the Insurance Company claim against BNSF a standard practice?
Just curious.

I have no clue if the scenario happened, but it is plausible.
My employer will go after tow companies which damage our policyholder vehicles after an accident.

Well then you know that the term subrogation is used in two contexts; first the right to sue and second the intercompany process. If you exercise against an individual you will need to sue them. As you said, no company is going to try to get blood out of a stone.

This law firm explicitly mentions using police reports in assignment of liability.

https://cochranfirm.com/auto-accident-a ... -accident/

Findlaw mentions state law:

https://www.findlaw.com/injury/car-acci ... iable.html

And this attorney specifically mentions how tickets "tip the scale".

https://www.lawyers.com/legal-info/pers ... fault.html


As long as you don't work for Nationwide....