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A woman sued a dead man for his body parts slamming into her

IcalasariIcalasari
edited 2012-01-11 16:12:53 in General
No rainbow star
I find it disgusting, but seeing as how my brother died from a train, I'm probably biased

I'm just going to lurk now in this thread. IJBM enough that I'd probably say something very stupid

Either way, I'm sure you guys will be bugged by it too, whether it's because of the lawsuit, because of the US medical system possibly forcing the woman to sue if she is to afford payment, or whatever else

Comments

  • ClockworkUniverseClockworkUniverse
    edited 2012-01-11 16:21:31
    OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!

    I can see both sides of it. On the one hand, it's obviously not in good taste to do that.


    On the other hand, she might have to do this in order to avoid payment like you said, and it is legitimately the dead guy's fault, as opposed to say the railway's, based on how the accident happened.


    Overall, I'm just generally sad that any of it happened.

  • NovaNova
    If you must eat a phoenix, boil it, do not roast it. This only encourages their mischievous habits.

    That's stupid

  • SchitzoSchitzo
    They're somethin' else.

    Cunt.

  • ForzareForzare
    edited 2012-01-11 17:56:05
    Till shade is gone, till water is gone, into the Shadow with teeth bared, screaming defiance with the last breath, to spit in Sightblinder’s eye on the last Day.
    Yeah, I can see both sides of this. I'm sympathetic to both of them. INUH said it better with more words first.

    ^ Totally called for.
  • MadassAlexMadassAlex
    One foot in front of the other, every day.

    I think the woman is very definitely in the wrong here. Suing a young man's family over his corpse gibs randomly striking her is beyond tasteless. I get that US healthcare still has a ways to go and that there are economic factors in place, but that doesn't make trying to extract money from the random death of another person okay.

  • Marioguy128Marioguy128
    If that don't work, use more gun.

    I'm just utterly baffled at all this.  But suing is really tasteless in this case.


    Also, didn't we already have a thread for this?

  • GelzoGelzo
    Pony Sleuth
    I don't see how suing for any reason in which you can reasonably expect compensation is necessarily a "stupid" move on the plaintive's part. Rude, maybe.
  • All NinesAll Nines
    edited 2012-01-11 18:38:42
    Has friends besides tanks now

    I'm in agreement with INUH. He already has a detailed post basically saying what I had said.

  • glennmagusharveyglennmagusharvey
    Creature - Florida Dragon Turtle Human

    You might be able to sue the entity responsible for the train successfully, but you're almost certainly going to fail (and be confirmed to be a jerk) if you're suing the estate of the person whose corpse crashed into you.

  • ClockworkUniverseClockworkUniverse
    OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!

    ^Er...she won.


    And how would it be the railway's fault?

  • BobBob

    Isn't this old news?

  • glennmagusharveyglennmagusharvey
    Creature - Florida Dragon Turtle Human

    Wait, she won?  I thought the judge threw out the case.

  • ClockworkUniverseClockworkUniverse
    OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!

    ^Well, the first sentence was:



    Ruling in what it called a "tragically bizarre" case, an appeals court found that the estate of a man killed by a train while crossing the Edgebrook Metra station tracks can be held liable after a part of his body sent airborne by the collision struck and injured a bystander.


  • glennmagusharveyglennmagusharvey
    Creature - Florida Dragon Turtle Human

    whoops i missed that


     


    what

  • ClockworkUniverseClockworkUniverse
    OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!

    I still don't see how you'd find it more legally valid to sue the railway than to sue the dead guy.


    I mean, it's completely dickish to sue the dead guy, but it's more his fault than the railway's.

  • BobBob

    I don't really see how. This entire situation is just stupid no matter how you look at it, and it'd be just as stupid no matter who she sued.

  • captainbrasscaptainbrass

    As a lawyer three things really strike me here -


    1. The article doesn't really explain what the dead guy did that was negligent (his negligence being what made him liable). I assume from what they say later on that it was running across the tracks to get to what he thought was his train, which is a crazy thing to do.


    2. As has been said, this is probably more a case of an insurer trying to limit its loss than the woman herself trying to get compensation.


    3. Having said that, I'm surprised they thought it was worth doing, especially given the cost of litigation. An 18-year old is unlikely to have had much money or to have been insured himself. The estate will have been peanuts.


    Icalasari - Sorry about what happened to your brother.

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