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Another Ridiculous Lawsuit

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Another Ridiculous Lawsuit

Unread postby skatingtripods » Tue Jan 24, 2012 12:57 pm

Found another gem. Just like the blind people suing Redbox I stumbled on a couple weeks ago, here's a more gruesome one.

An appeals court in Illinois recently ruled that a woman is allowed to sue a dead teen's estate for injuries caused by his flying body parts.

The 18-year-old boy was running across the Amtrak tracks to catch another train but didn't make it -- he was hit by an oncoming train going 70 mph and his body was torn apart by the force and flung onto a nearby passengers' waiting platform. The woman, 58, was struck by a sizable chunk of the boy's body and was knocked to the ground, breaking her leg and wrist. The court ruled that the boy's death was "reasonably foreseeable" and that his estate can be held responsible for his negligence.


http://thestir.cafemom.com/in_the_news/ ... ck_picks=1
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Re: Another Ridiculous Lawsuit

Unread postby motherscratcher » Tue Jan 24, 2012 1:52 pm

I saw this a week or so ago. At first glance it seems absolutely ridiculous. But, maybe it isn't.

I guess I'd have to find out if the woman is suing for a shitload of "pain and suffering", or if she's suing to cover medical bills. What if she is uninsured or has shitty insurance and has to cover a $15K deductible?

She's wasn't doing anything wrong. She didn't fuck up. The kid fucked up and met a tragic end, but just because his end was tragic means that this woman is stuck with a big bill now?

I don't know, if it's me, I set asside any type of pain and suffering or any of that type of shit. But I can see wanting any medical bill covered for something in which I'm totally blameless.

We don't have enough info on this and we don't know this woman's situation.
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Re: Another Ridiculous Lawsuit

Unread postby Ziner » Tue Jan 24, 2012 2:06 pm

What type of estate does an 18 year old have? With out knowing the situation I'd guess that it wont take long for her legal fees to top the value of this kid's xbox and ipod sold on craigslist.
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Re: Another Ridiculous Lawsuit

Unread postby GodHatesClevelandSport » Tue Jan 24, 2012 2:49 pm

Ridiculous? I'd call this the greatest lawsuit of all time.
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Re: Another Ridiculous Lawsuit

Unread postby gotribe31 » Tue Jan 24, 2012 3:47 pm

motherscratcher wrote:I saw this a week or so ago. At first glance it seems absolutely ridiculous. But, maybe it isn't.

I guess I'd have to find out if the woman is suing for a shitload of "pain and suffering", or if she's suing to cover medical bills. What if she is uninsured or has shitty insurance and has to cover a $15K deductible?

She's wasn't doing anything wrong. She didn't fuck up. The kid fucked up and met a tragic end, but just because his end was tragic means that this woman is stuck with a big bill now?

I don't know, if it's me, I set asside any type of pain and suffering or any of that type of shit. But I can see wanting any medical bill covered for something in which I'm totally blameless.

We don't have enough info on this and we don't know this woman's situation.


I actually agree with Mother. If the kid was trying to beat the train to the tracks in his car, got hit by the train and his car hit some broad, he'd be liable, right? More or less same difference.

It sucks that his mom is getting stuck with it, especially after losing her son, but I have no problem with this womans medical bills being covered. Hopefully insurance will pay for it.
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Tue Jan 24, 2012 4:01 pm

Who the fuck gets hit by a train in 2012? It's like impossible to not see or hear one coming.
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Re: Another Ridiculous Lawsuit

Unread postby skatingtripods » Tue Jan 24, 2012 4:14 pm

If it's not considered a suicide, it's an accidental death, right? How can the kid('s family) be responsible for what happens to his body in the case of accidental death?
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Tue Jan 24, 2012 4:20 pm

skatingtripods wrote:If it's not considered a suicide, it's an accidental death, right? How can the kid('s family) be responsible for what happens to his body in the case of accidental death?


The same way people are held responsible in the event of a car accident. It wasn't intended, but it happened. His negligence led to her injury.

If he wasn't a dumbshit, she wouldn't be hurt..... and he would still be alive. God bless Darwin.
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Re: Another Ridiculous Lawsuit

Unread postby exiledbuckeye » Tue Jan 24, 2012 4:21 pm

skatingtripods wrote:If it's not considered a suicide, it's an accidental death, right? How can the kid('s family) be responsible for what happens to his body in the case of accidental death?


Contributory negligence. Might not have been on purpose, but the dumbass still should have known better.
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Re: Another Ridiculous Lawsuit

Unread postby skatingtripods » Tue Jan 24, 2012 4:24 pm

exiledbuckeye wrote:
skatingtripods wrote:If it's not considered a suicide, it's an accidental death, right? How can the kid('s family) be responsible for what happens to his body in the case of accidental death?


Contributory negligence. Might not have been on purpose, but the dumbass still should have known better.


Yeah, he probably should have. It just blows my mind how this woman's going to win this lawsuit easily.
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Tue Jan 24, 2012 4:38 pm

Why? She was injured because of his actions. He can't pay for her injuries, so she went after his estate. Should she just pay out of her own pocket because the kid died being really dumb?

It's an embarrassing way to die, just like being the last man to die from a bow and arrow.
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Re: Another Ridiculous Lawsuit

Unread postby skatingtripods » Tue Jan 24, 2012 4:40 pm

Cerebral_DownTime wrote:Why? She was injured because of his actions. He can't pay for her injuries, so she went after his estate. Should she just pay out of her own pocket because the kid died being really dumb?

It's an embarrassing way to die, just like being the last man to die from a bow and arrow.


Just hard to wrap my head around the fact that her injuries are his fault because physics propelled his body parts in all different directions and one just happened to hit her.

I'll crawl back into my non NHB forum hole again, since clearly I have nothing of value to add.
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Re: Another Ridiculous Lawsuit

Unread postby exiledbuckeye » Tue Jan 24, 2012 4:43 pm

When I was in law school we read all sorts of awesome cases. There was a guy who sued Maytag or Whirlpool because he tried to kill himself by drowning in a washing machine but it didn't work. One of my favorites was the guy who removed the saw blade guard, and sued the company when the blade flew off and cut off his leg.
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Re: Another Ridiculous Lawsuit

Unread postby exiledbuckeye » Tue Jan 24, 2012 4:44 pm

And of course, there's always the guy who sued Satan: http://en.wikipedia.org/wiki/United_Sta ... _His_Staff
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Re: Another Ridiculous Lawsuit

Unread postby Orenthal » Tue Jan 24, 2012 4:47 pm

skatingtripods wrote:I'll crawl back into my non NHB forum hole again, since clearly I have nothing of value to add.


Do any of us?

I want to know whether CDT is afraid of flying body parts, and if so, would that prevent him from working for Amtrak?
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Tue Jan 24, 2012 4:56 pm

No. I don't care for trains, they're played out. Just make them hover or be underground so I don't have to wait at crossing for 20 minutes while gang tagged box cars pass at 8mph.

Don't hassle me with your commerce.
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Re: Another Ridiculous Lawsuit

Unread postby peeker643 » Tue Jan 24, 2012 5:01 pm

Orenthal wrote:
skatingtripods wrote:I'll crawl back into my non NHB forum hole again, since clearly I have nothing of value to add.


Do any of us?

I want to know whether CDT is afraid of flying body parts, and if so, would that prevent him from working for Amtrak?


I'd sue Amtrak. They put the waiting platform for the train to close to train tracks. They should have known (foreseeability) that proximity to the tracks would send body parts flying up onto any platform built near tracks if someone were to be struck on/near those tracks.

And they have deeper pockets than the kid's mom.

Shoulda moved the platform a few blocks away. And covered it with non-permeable plastic to keep the blood and bodily fluid/parts off of the people waiting.

Makes perfect sense.

And if Dead Boy's Mom is making a claim to her insurance company for this bloody mess ( ;-) ;) :wink: ) I'm busting out the intentional act exclusion and arguing the kid went the suicide by train route knowingly and with full knowledge he'd be sending jellied and vaporized body parts flying toward unsuspecting innocents.

Let this limp-wristed, limping whore work for her payday.
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Re: Another Ridiculous Lawsuit

Unread postby StewieG » Tue Jan 24, 2012 5:15 pm

The boy is at fault (for being a dumbass), so his estate is liable. However, if he's trying to catch a train my guess is his estate isn't worth very much. I think (and I may be wrong) that once your estate runs out of money, the would-be benefactors don't have to pay any additional costs. If that's the case, then the woman might as well go after any and all companies involved, because suing someone who can't pay is just stupid. Even if you win, you don't get anything.
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Tue Jan 24, 2012 5:35 pm

Seriously...... how hard is it to not get hit by a train? Maybe this was a legit problem during the 30's when there were hobos everywhere.
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Re: Another Ridiculous Lawsuit

Unread postby motherscratcher » Tue Jan 24, 2012 5:49 pm

Cerebral_DownTime wrote:Who the fuck gets hit by a train in 2012? It's like impossible to not see or hear one coming.


This. How the fuck do you get hit by a train nowadays? A century ago when silent trains would just sneak up on people when they weren't looking and splatter their brains all over the place, they were a lot harder to avoid. Those shits were sneaky back then.

In 2012 they're loud and run on tracks.
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Re: Another Ridiculous Lawsuit

Unread postby exiledbuckeye » Tue Jan 24, 2012 6:08 pm

Cerebral_DownTime wrote:Seriously...... how hard is it to not get hit by a train? Maybe this was a legit problem during the 30's when there were hobos everywhere.


I rode an Amtrak train from Chicago to Cleveland a couple of years ago. I want to know how it is even remotely possible that an Amtrak train near Chicago could have been moving fast enough to kill someone? I could have ridden a bicycle faster, no joke.
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Re: Another Ridiculous Lawsuit

Unread postby exiledbuckeye » Tue Jan 24, 2012 6:09 pm

motherscratcher wrote:
Cerebral_DownTime wrote:Who the fuck gets hit by a train in 2012? It's like impossible to not see or hear one coming.


This. How the fuck do you get hit by a train nowadays? A century ago when silent trains would just sneak up on people when they weren't looking and splatter their brains all over the place, they were a lot harder to avoid. Those shits were sneaky back then.

In 2012 they're loud and run on tracks.


Maybe it was one of these:

Image
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Re: Another Ridiculous Lawsuit

Unread postby Ziner » Tue Jan 24, 2012 6:20 pm

exiledbuckeye wrote:
Cerebral_DownTime wrote:Seriously...... how hard is it to not get hit by a train? Maybe this was a legit problem during the 30's when there were hobos everywhere.


I rode an Amtrak train from Chicago to Cleveland a couple of years ago. I want to know how it is even remotely possible that an Amtrak train near Chicago could have been moving fast enough to kill someone? I could have ridden a bicycle faster, no joke.


Metras in Chicago run around 65 mph. They also fairly regularly hit cars and people. I still struggle to figure out how. Not much sense in rushing around a gate when the 100 ton train will be gone in 30 seconds or less.
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Re: Another Ridiculous Lawsuit

Unread postby FUDU » Tue Jan 24, 2012 6:37 pm

Ziner wrote:What type of estate does an 18 year old have?


Let's wait for e0y2e3 to log in and we'll find out.
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Re: Another Ridiculous Lawsuit

Unread postby Orenthal » Tue Jan 24, 2012 11:57 pm

peeker643 wrote:I'd sue Amtrak. They put the waiting platform for the train to close to train tracks. They should have known (foreseeability) that proximity to the tracks would send body parts flying up onto any platform built near tracks if someone were to be struck on/near those tracks.


I heard this mentioned in the SOTU. Prez even mentioned all union AMERICAN labor. Guess he has to make up for KeystoneXL.
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Wed Jan 25, 2012 12:32 am

Fuck that poison spewing pipeline.
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Re: Another Ridiculous Lawsuit

Unread postby Ziner » Wed Jan 25, 2012 12:55 am

Lol. Too funny. Poison filled pipeline? Well at least if we don't have the pipeline we aren't forced to employ people and oil consumption will disappear.
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Wed Jan 25, 2012 1:24 am

It's a stupid idea. Which is the only kind the GOP has.

Chamber of Commerce "250,000 JOBS!"

VP of Transcanada "hundreds of permanent jobs."

Nah, fuck that piece of shit pipeline.

I'd rather SPEND money and rebuild our shitty infrastructure....... because i'm a Socialist..... and because it's obvious to anyone with a functioning brain that should be a top priority.
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Re: Another Ridiculous Lawsuit

Unread postby Ziner » Wed Jan 25, 2012 11:18 am

The pipeline and building infrastructure are not mutually exclusive. There are plenty of places that infrastructure needs to and should be improved, I can think of a ton in the Denver area alone. The Keystone Pipeline is going to be paid for by private dollars by a foreign company no less. Bringing jobs and money to regions that could use them providing a product that we are going to use anyway. Anyone with a functioning brain knows you work that deal out.

250,000 is bullshit, Transcanada says 20K, the real total is likely 7K or so but that doesn't count all the dollars flooding in to podunk towns in the upper plains states creating other jobs. So an investment from a company not in the US, not using taxpayer dollars, providing US jobs, providing 5.2 billion in property taxes to small towns across the country, is a bad deal how?

How many permanent jobs are created from roads?
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Re: Another Ridiculous Lawsuit

Unread postby jerryroche » Wed Jan 25, 2012 11:19 am

Cerebral_DownTime wrote:I'd rather SPEND money and rebuild our shitty infrastructure....... because i'm a Socialist..... and because it's obvious to anyone with a functioning brain that should be a top priority.


Since there's not enough money in the world to pay off our $16 trillion national debt, why even worry about it, right? Let's "SPEND" some more! Hell, let's give everyone below the poverty line $100,000--THAT'LL stimulate the economy!

The infrastructure is shitty because our elected officials thought the good times would roll forever and there would be plenty of time to make repairs in the future. Which goes to show how wrong this generation of congressmen, senators, presidents and appointed officials can be. After JFK's assassination, the system started to break, and no one's bothered to try to fix it because there is simply too much money involved in maintaining the status quo.

Liberals talk about the power- and money-grabs of the 1%. Fine, and true. But our elected officials are not only allowing it, they're lining their own pockets. Every one, Dems and Republicans alike. The system is broke: the tax code, campaign contributions, crony capitalism, judges who rule on precedent rather than the law, gerrymandering...the list is endless.

I yield the floor.
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Re: Another Ridiculous Lawsuit

Unread postby Orenthal » Wed Jan 25, 2012 12:09 pm

Cerebral_DownTime wrote:It's a stupid idea. Which is the only kind the GOP has.

Chamber of Commerce "250,000 JOBS!"

VP of Transcanada "hundreds of permanent jobs."

Nah, fuck that piece of shit pipeline.

I'd rather SPEND money and rebuild our shitty infrastructure....... because i'm a Socialist..... and because it's obvious to anyone with a functioning brain that should be a top priority.


Nevermind the 25,000 miles of pipeline running across the same area. The Krauthammer picture in this link was just too good to pass up...
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Re: Another Ridiculous Lawsuit

Unread postby Cerebral_DownTime » Wed Jan 25, 2012 6:32 pm

Liberals talk about the power- and money-grabs of the 1%. Fine, and true. But our elected officials are not only allowing it, they're lining their own pockets. Every one, Dems and Republicans alike. The system is broke: the tax code, campaign contributions, crony capitalism, judges who rule on precedent rather than the law, gerrymandering...the list is endless.


And I agree with all this.

I've never said the Dems are better, they're not, they have their same fat little pink fingers in the same shit pies.

We have a system that is broken, and I don't know how to fix it. Maybe we can't.
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