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Californian Woman Can Not Take Austrian Railways to Court in the US

Published: December 2, 2015; 19:00 · (FriedlNews)

Supreme Court says, Carol Sachs who was heavily injured in Innsbruck can’t sue in the US. Her lawsuit against the Austrian national railroad ÖBB for injuries that she suffered while attempting to board a train in Austria does not fall within the “commercial activity” exception to the Foreign Sovereign Immunities Act, and is therefore barred by the doctrine of sovereign immunity. The American wanted USD 20 million compensation from ÖBB.

Supreme Court Says Carol Sachs who was injured in Austria can’t sue in U.S. / Picture: © Wikipedia / Abhijitsathe

State run railway firm ÖBB saw the threat of a court proceeding on potential damages in the US averted.

An American woman wanted USD 20 million compensation from ÖBB for heavy damage she sustained as a result of the attempt to board a departing train.

Carol Sachs of Berkeley, lost her legs after trying to board a moving train in 2007.

Although the plaintiff purchased a Eurail pass in the United States, her lawsuit is not “based upon a commercial activity carried on in the United States by a foreign state” because the conduct constituting the gravamen of her suit occurred in Austria.