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http://thestir.cafemom.com/in_the_news/1...ck_picks=1
Quote:You think you've heard it all until I tell you that 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.
Well, this is just wrong.
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i don't want to live on this world anymore
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Darwin Award and typical Americans all in one story.
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i saw this thread already, wasn't it here?
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That fucker died and had the courage to come flying to me in parts, I know he did it on purpose!
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those courts cost me an arm and a leg
literally!!
omfg I am so funny
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Where there's a blame, there's a claim.
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this just sums up the stupidity of humanity.
im ashamed to be one of them.
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As absurd as this is, I support the decision - even though his death was an accident, he put himself in that situation via excessively reckless/careless behavior and as a result he injured someone else. It's reasonable to expect that the cost of medical treatment be covered by the person responsible for the injury, even in the case of an accident.
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MasPan Wrote:As absurd as this is, I support the decision - even though his death was an accident, he put himself in that situation via excessively reckless/careless behavior and as a result he injured someone else. It's reasonable to expect that the cost of medical treatment be covered by the person responsible for the injury, even in the case of an accident.
Agreed. Trying to outrun the train has a foreseeable risk of being hit by the train causing immediate death and the flight of one's body. I don't see the issue here or cause for concern/uproar. It does suck for the estate though.
EDIT: After having read the article, the blogger believes the lawsuit to be frivolous and immoral. I disagree. This woman was injured at no fault of her own and sustained injuries, likely loss of work, time recuperating, and having to deal with memories of a dead person's body parts flying at her. Also, her medical insurance likely requires her to sue the estate to get any coverage at all. If you want to bring up an issue here, have a problem with such poor health care in America that it compels a person to sue a dead teen's estate to pay for medical bills.
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Well then his parents should have to fork out for producing such a brain-dead child that tries outrunning a train.
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Razmos Wrote:Well then his parents should have to fork out for producing such a brain-dead child that tries outrunning a train.
Well, now he's all the way dead, he was just trying to achieve equilibrium.
That said, I think the issue here is we have a conflict of mercy here.
You either feel bad for the family who have to learn their son died making a horrible mistake, and now learning that in addition to the financial burden of a funeral there's now a lawsuit with seemingly no regard to their grief.
Or the elderly woman, who took a vicious blow in a completely unexpected accident that could have been avoided if the person looked both ways. As she lays there in pain with broken bones after the fact, I can't blame her for resenting the irresponsibility that cost him HIS life as well as HER body. I mean, at THAT age, i don't think broken bones are too easy to recover from.
So yeah, its really tough when both sides look like the good guy AND the bad guy.
Also, I kinda laugh at the article's choice of words here. Not just with the whole 'rant' but the term '18 year old boy'. Sorry, that's not a boy. That's a man. a man who didn't exercise the utmost caution around such powerful machines.
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Fiel Wrote:Also, her medical insurance likely requires her to sue the estate to get any coverage at all. If you want to bring up an issue here, have a problem with such poor health care in America that it compels a person to sue a dead teen's estate to pay for medical bills.
As of my point of view, this is what is wrong. At least here in Mexico, in case of someones death, an accident as this would be payed by the insurance, respecting the dead person. United States Health Care is really.... strange.
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Eliseo Wrote:As of my point of view, this is what is wrong. At least here in Mexico, in case of someones death, an accident as this would be payed by the insurance, respecting the dead person. United States Health Care is really.... strange.
I recall reading USA is the most law-suit happy country in the world.
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If this had happened in Canada neither of these things would happen. She'd get free healthcare and paid leave from work and wouldn't sue (That's the American way.)
Congrats on being the best country in the world USA.
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