Author Topic: Dead guy gets sued over his flying body parts (Read 3788 times)

rumborak · « **on:** January 05, 2012, 12:40:32 PM »

https://www.newser.com/story/136459/dead-accident-victim-to-be-sued-over-flying-body-parts.html

Quote

(NEWSER) – An appeals court in Illinois has decided that a dead Chicago teen can be sued for injuries caused by his own flying body parts. The 18-year-old almost-passenger ran in front of a train in an attempt to catch another train and was hit by an Amtrak going 70mph. A big chunk of his body was thrown onto a platform 100 feet away where it knocked down a 58-year-old woman, breaking her leg and wrist. The court decided that the teen's death was "reasonably foreseeable" and allowed the woman to sue his estate, the Chicago Tribune reports.

The woman's lawyer says that while details of the case are "very peculiar and gory and creepy," it is a clear case of negligence. "If you do something as stupid as this guy did, you have to be responsible for what comes from it," she says.

pogoowner · « **Reply #1 on:** January 05, 2012, 12:44:01 PM »

That is incredibly bizarre, but I can't say I disagree with the woman who's suing.

Nekov · « **Reply #2 on:** January 05, 2012, 12:46:27 PM »

Are you kidding me?

? This is ridiculous. The US really needs to review it's legal system.

rumborak · « **Reply #3 on:** January 05, 2012, 12:49:34 PM »

Why? I agree with pogo, despite it being bizarre, the woman with broken legs and wrist clearly has a claim for recompense. Even morally, I mean throwing yourself in front of a train is a total ass move to begin with.

rumborak

yorost · « **Reply #4 on:** January 05, 2012, 12:56:02 PM »

Seems understandable to me. His stupid action got her hurt. Just because it's bizarre doesn't mean it's a ridiculous lawsuit.

Jamesman42 · « **Reply #5 on:** January 05, 2012, 12:59:10 PM »

Uh, how can he be sued exactly?

pogoowner · « **Reply #6 on:** January 05, 2012, 01:04:32 PM »

Quote from: Jamesman42 on January 05, 2012, 12:59:10 PM

Uh, how can he be sued exactly?

He is not actually sued, but his estate is.

yorost · « **Reply #7 on:** January 05, 2012, 01:04:44 PM »

His estate is being sued.

Jamesman42 · « **Reply #8 on:** January 05, 2012, 01:10:42 PM »

Idk how I missed that when I read the OP

lordxizor · « **Reply #9 on:** January 05, 2012, 01:14:16 PM »

I doubt an 18 year old kid has much of an estate to sue, but I don't see any problem with this. If your stupid actions cause harm to another person, you should be held liable.

bosk1 · « **Reply #10 on:** January 05, 2012, 01:15:52 PM »

Should she be able to sue his estate? Absolutely. There is nothing new about this (although instances of it happening are fairly rare). But as a practical matter, why bother? Unless his parents had a life insurance policy on him, his estate is likely worth about zero.

rumborak · « **Reply #11 on:** January 05, 2012, 01:16:04 PM »

Quote from: lordxizor on January 05, 2012, 01:14:16 PM

I doubt an 18 year old kid has much of an estate to sue

I dunno. If he had a college fund in his name, does that count as his estate?

rumborak

bosk1 · « **Reply #12 on:** January 05, 2012, 01:16:58 PM »

Quote from: rumborak on January 05, 2012, 01:16:04 PM

Quote from: lordxizor on January 05, 2012, 01:14:16 PM
I doubt an 18 year old kid has much of an estate to sue

I dunno. If he had a college fund in his name, does that count as his estate?

Depends.

rumborak · « **Reply #13 on:** January 05, 2012, 01:20:30 PM »

Also, as an 18-year old, is he fully liable in the eye of the law? They might be hoping that the compensation eventually will have to be paid by the parents.

rumborak

lordxizor · « **Reply #14 on:** January 05, 2012, 01:30:45 PM »

Quote from: rumborak on January 05, 2012, 01:16:04 PM

Quote from: lordxizor on January 05, 2012, 01:14:16 PM
I doubt an 18 year old kid has much of an estate to sue
I dunno. If he had a college fund in his name, does that count as his estate?

My kids college funds are in my name, not theirs. Could be different with this kid though.

Quote from: rumborak on January 05, 2012, 01:20:30 PM

Also, as an 18-year old, is he fully liable in the eye of the law?

Don't know why he wouldn't be. 18 year olds are legal adults even if they still live with their parents.

rumborak · « **Reply #15 on:** January 05, 2012, 01:32:10 PM »

I'm really mostly asking out of lack of knowledge. In Germany there is a distinction between turning 18 and 21 in the sense that only at 21 you are FULLY responsible, where with 18 only partially.

rumborak

Nekov · « **Reply #16 on:** January 05, 2012, 01:38:28 PM »

Quote from: rumborak on January 05, 2012, 12:49:34 PM

Why? I agree with pogo, despite it being bizarre, the woman with broken legs and wrist clearly has a claim for recompense. Even morally, I mean throwing yourself in front of a train is a total ass move to begin with.

rumborak

The article says he was trying to catch another train. Obviously the kid should have been more careful but the fact that the law considers the possibility of suing someone's estate because of dying in an accident like this one is just baffling to me. I can understand the logic behind it but I still can conceive it.

yorost · « **Reply #17 on:** January 05, 2012, 01:49:27 PM »

Quote from: Nekov on January 05, 2012, 01:38:28 PM

Quote from: rumborak on January 05, 2012, 12:49:34 PM
Why? I agree with pogo, despite it being bizarre, the woman with broken legs and wrist clearly has a claim for recompense. Even morally, I mean throwing yourself in front of a train is a total ass move to begin with.

rumborak

The article says he was trying to catch another train. Obviously the kid should have been more careful but the fact that the law considers the possibility of suing someone's estate because of dying in an accident like this one is just baffling to me. I can understand the logic behind it but I still can conceive it.

What? He's not being sued for dying. He's being sued because someone had to pay medical bills for injuries sustained due to his stupid action.

7StringedBeast · « **Reply #18 on:** January 05, 2012, 02:11:47 PM »

Yeah, this is like if someone gets into a car wreck for say texting and driving and the driver dies but injures a pedestrian in the process. That stupid move got the driver killed, but also injured a pedestrian so that pedestrian could sue the dead driver. It's the same idea. Just because the person died does not make them not responsible for their actions while alive.

AcidLameLTE · « **Reply #19 on:** January 05, 2012, 02:14:31 PM »

She probably deserved it.

El Barto · « **Reply #20 on:** January 05, 2012, 02:39:37 PM »

Quote from: AcidRainLTE on January 05, 2012, 02:14:31 PM

She probably deserved it.

I suppose she's entitled, but it honestly seems like a cunt thing to do. In effect, she's basically dragging the kid's rents through the court. Why not sue AMTRAK or the city which operates the train station? Not only would it be less heartless, but they're both highly insured for such things, making it a much better endeavor.

Although the likelihood, this being 'Merika and all, is that she's suing all of them, plus the conductor, the state and federal governments, the ambulance driver, hospital and doctors involved in her treatment, and anybody else tangentially involved in the situation, for lots of pain and suffering and emotional distress. Still, with lots of insurance companies settling out of court, it still seems kind of uncool to sue the kids folks.

chrisbDTM · « **Reply #21 on:** January 05, 2012, 02:49:16 PM »

i would totally understand suing if the kid was committing suicide via train. this is just a freak accident

yorost · « **Reply #22 on:** January 05, 2012, 02:52:02 PM »

Freak accident? Running in front of a 70mph train and getting hit is a surprising combination?

chrisbDTM · « **Reply #23 on:** January 05, 2012, 02:52:52 PM »

yes its an accident. his limbs breaking a women's bones, that's the freak part

EDIT: unless he knowingly walked across a live train track to get to the train he was trying to catch, then it was not an accident

bosk1 · « **Reply #24 on:** January 05, 2012, 02:54:11 PM »

Well, but I'm sure he was pretty broken up about it.

7StringedBeast · « **Reply #25 on:** January 05, 2012, 02:54:20 PM »

Wouldn't have happened if the dead guy wasn't reckless.

Beowulf · « **Reply #26 on:** January 05, 2012, 02:55:57 PM »

Quote from: rumborak on January 05, 2012, 01:32:10 PM

I'm really mostly asking out of lack of knowledge. In Germany there is a distinction between turning 18 and 21 in the sense that only at 21 you are FULLY responsible, where with 18 only partially.

rumborak

In the States, 18 is a fully culpable and "responsible" adult. 21 only means you can drink legally.

Sigz · « **Reply #27 on:** January 05, 2012, 03:01:15 PM »

Yeah, I don't see why she's suing the kid/man. He's an adult, so I don't see why his parents would be liable in any way, though they'll probably have to go through court anyways as they probably are in charge of whatever estate he may have.

yorost · « **Reply #28 on:** January 05, 2012, 03:03:56 PM »

Quote from: chrisbDTM on January 05, 2012, 02:52:52 PM

yes its an accident. his limbs breaking a women's bones, that's the freak part

Your post indicated being able to sue based on his desire, or no desire, to die. I figured you meant his being struck as the freak part.

So do you think making stupid decisions and hoping for the best should free you from facing charges for consequences to others?

chrisbDTM · « **Reply #29 on:** January 05, 2012, 03:09:08 PM »

the kid messed up, and now the parents whose kid just died have to deal with a lawsuit. it was bad luck for both parties. but its america you can sue for anything, she'll probably win too. she can cite psychogical trauma of being hit with a dead guy.

LieLowTheWantedMan · « **Reply #30 on:** January 05, 2012, 03:10:47 PM »

There's no way the family should pay for it.

bss4life15 · « **Reply #31 on:** January 05, 2012, 03:13:11 PM »

I think it's pretty funny that i was listening to Trains by PT when i found this thread.
Also, what a stupid thing to do, who the hell thinks "oh yeah, i can totally beat this TRAIN across the tracks."

lonestar · « **Reply #32 on:** January 05, 2012, 03:17:07 PM »

I think the lady will win. As one who uses trains daily, I just can't imagine how fucked up that would be to happen to me. Minding my own business, posting on DTF on my phone, and all of a sudden, WHAM, dead dude hits me.

bosk1 · « **Reply #33 on:** January 05, 2012, 03:20:15 PM »

Well, yeah, but that's no reason to fall to pieces.

chrisbDTM · « **Reply #34 on:** January 05, 2012, 03:21:06 PM »

ITT: Bosk is Austin Powers

News: Paralyzed official video: https://www.youtube.com/watch?v=C7m7l8iqGAk

Author Topic: Dead guy gets sued over his flying body parts (Read 3788 times)