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Dead Teen Sued for Losing Control of Flying Body Parts
Topic Started: Jan 19 2012, 01:27 PM (1,298 Views)
Naruto-Gogeta
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Omega Shenron

The lawyer representing the woman is a caboose chaser.

Dead Teen Sued for Losing Control of Flying Body Parts


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. I'm sorry, but who goes around suing a dead teen whose body was ripped to shreds in one of the most gruesome ways imaginable?

I can't say that my first or even fiftieth instinct after being pummeled to the ground by half of a bloody torso would be to raise my fist in the air and declare that whoever had the nerve to let their body explode and land on me will most certainly pay in court. Even if my leg was shattered, I still can't imagine going after the dead teen's estate.

The family of the deceased has suffered enough -- their son was blasted by a train. It doesn't get much worse than that. And to think that they have to endure a woman nitpicking her way into their bank accounts is disgusting. It's not like this kid had millions -- what is she hoping to gain from this lawsuit?

It won't make her leg any better. I can't imagine it'd help her heal in any way, shape, or form. I don't think a normal person would feel good about suing for injuries caused by a dead teen's flying body parts. Yeah, he did something incredibly stupid, but I think he paid the price. He's dead. His body was blown to bits. No need to drive the point home with what seems like a frivolous, greedy, and hurtful lawsuit.

If you were in the injured woman's shoes, would you sue, too?


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Copy_Ninja
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She may technically have a right to sue, but it's horrible that she did. Sure, she had a couple of broken bones but they'll recover. Like you said, a grieving family now has to deal with this.
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She has absolutely no right to sue. The injury wasn't intentional, it's not like this boy thought "Hey, let's see if I can break that old ladies legs with my dead flying limbs" before running in front of a train. A boy died and this dumb woman thinks she has a right to be compensated more than the family that lost their son. Out-*****ing-rageous.

To me that just sums up the American legal system. Everybody is just out to sue everybody over the tiniest little thing. In the UK the court would just rubbish this kind of claim before it even got that far into the court system.
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Copy_Ninja
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The law is all about interpretation. Negligence doesn't have to be intentional, actually most of the time it isn't. I'm not really in the mood to explain it fully, but I studied this for a year and unfortunately I can see why the judge has said she is allowed to go ahead with it (I don't agree with it though). Anyway, if whoever oversees this has any sense it will fail. The injuries are way too remote. There's no way to foresee broken bones from flying body parts. By the letter of the law, she can present a case but ultimately it should fail.

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In my opinion it's ok she sued him. The boy died from his own carelessness and hurt someone else in the process. You can't expect the lady to keep quiet just because the boy died. The law is the law if you as me.
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Cal
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Morals don't technically matter in the legal system, just to throw that out there.
Edited by Cal, Jan 19 2012, 05:01 PM.


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Cal
Jan 19 2012, 05:01 PM
Morals don't technically matter in the legal system, just to throw that out there.
Morals are the reasons many laws/policies exist.

I've studied some law too and agree with what luke has said. I can understand why she's been given the ok to sue but I don't like it. It's one of those situations where you can but shouldn't do something[1]


[1] in this case that is sue a dead person
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Cal
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Agent.G
Jan 19 2012, 05:20 PM
Cal
Jan 19 2012, 05:01 PM
Morals don't technically matter in the legal system, just to throw that out there.
Morals are the reasons many laws/policies exist.

I've studied some law too and agree with what luke has said. I can understand why she's been given the ok to sue but I don't like it. It's one of those situations where you can but shouldn't do something[1]

Morals DO exist to help CREATE laws in many cases, however NOT to ENFORCE them. There is a major difference.

You're bringing up the old morally wrong discussion with this one. If a kid faints and you give him mouth to mouth to save him and you're not licensed at CPR and the kid dies because you tried to help him, are you MORALLY wrong? Nope, not at all. However, you will be held responsible for not abiding by the law.

It doesn't make it right, it's just the way it is. If you studied law I would think you would know that.
[1] in this case that is sue a dead person
Edited by Cal, Jan 19 2012, 05:28 PM.


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I swear to God if I could meet her in person she'd regret it. Sure, the kid might've been careless. Sure, she might've been injured by part of his body. Can she sue? Yes she can. Should she? **** no. How sadictive must you be to think about finance when you were injured by part of a dead boys body and the family is greiving? It's just going against every single moral I have.

I bet she'll say something about being mentally scarred if her case can't go through properly.
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Copy_Ninja
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Cal
Jan 19 2012, 05:28 PM
Agent.G
Jan 19 2012, 05:20 PM
Cal
Jan 19 2012, 05:01 PM
Morals don't technically matter in the legal system, just to throw that out there.
Morals are the reasons many laws/policies exist.

I've studied some law too and agree with what luke has said. I can understand why she's been given the ok to sue but I don't like it. It's one of those situations where you can but shouldn't do something[1]

Morals DO exist to help CREATE laws in many cases, however NOT to ENFORCE them. There is a major difference.

You're bringing up the old morally wrong discussion with this one. If a kid faints and you give him mouth to mouth to save him and you're not licensed at CPR and the kid dies because you tried to help him, are you MORALLY wrong? Nope, not at all. However, you will be held responsible for not abiding by the law.

It doesn't make it right, it's just the way it is. If you studied law I would think you would know that.
I don't know about America, but in Australia there's a provision that protects a good samaritan from being sued for stuff like that.

Morals come up in some laws and others they don't.
[1] in this case that is sue a dead person
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I hate it when the deceased don't control their limbs. Really annoys me. The amount of times I've been hit in the face by a rogue arm is ridiculous.

OK, sarcasm over. How can this person live with themselves knowing they've sued a dead teen. Sure she got hurt but that'll fix. If I even have a bad thought about somebody who has died it makes me feel terrible for hours. Sure that's just me but you can't be that heartless.
Edited by Dan, Jan 19 2012, 05:39 PM.
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Cal
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I may not deserve to live, but I will protect those in my reach with my reverse blade!

Luke_93
Jan 19 2012, 05:36 PM
Cal
Jan 19 2012, 05:28 PM
Agent.G
Jan 19 2012, 05:20 PM
Cal
Jan 19 2012, 05:01 PM
Morals don't technically matter in the legal system, just to throw that out there.
Morals are the reasons many laws/policies exist.

I've studied some law too and agree with what luke has said. I can understand why she's been given the ok to sue but I don't like it. It's one of those situations where you can but shouldn't do something[1]

Morals DO exist to help CREATE laws in many cases, however NOT to ENFORCE them. There is a major difference.

You're bringing up the old morally wrong discussion with this one. If a kid faints and you give him mouth to mouth to save him and you're not licensed at CPR and the kid dies because you tried to help him, are you MORALLY wrong? Nope, not at all. However, you will be held responsible for not abiding by the law.

It doesn't make it right, it's just the way it is. If you studied law I would think you would know that.
I don't know about America, but in Australia there's a provision that protects a good samaritan from being sued for stuff like that.

Morals come up in some laws and others they don't.
We have that in different ways and states here but it comes down to judgement. You have to prove that you were acting within the law, not just being moral.
[1] in this case that is sue a dead person
Edited by Cal, Jan 19 2012, 05:53 PM.


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Seruphim
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I agree with most of what's been said but let's try and look at it from the other side at least.
The woman apparently broke her leg and wrist. That's a pretty heft hospital bill if you think about it. If she's uninsured, like most Americans, then she's probably suing because she just doesn't have the money to pay for her medical bills.

Also, are you sure this is legal? I took a criminology class last year and he told us that you needed intention to sue. he gave us the example that if a man with a bad axe was chopping wood, and the blade flung off cause it was old and it hit someone, then he couldn't be sued if he hadn't known it was old and would slip off. however, if he had known the blade could slip off, then he could be sued.
i realize he was running across train tracks and, yes, being hit is foreseeable if you're gonna run across the tracks, but arn't trains really easy to spot? was he just being really stupid?
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Cal
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edit: needs to be deleted
Edited by Cal, Jan 19 2012, 06:02 PM.


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Cal
Jan 19 2012, 05:28 PM
Agent.G
Jan 19 2012, 05:20 PM
Cal
Jan 19 2012, 05:01 PM
Morals don't technically matter in the legal system, just to throw that out there.
Morals are the reasons many laws/policies exist.

I've studied some law too and agree with what luke has said. I can understand why she's been given the ok to sue but I don't like it. It's one of those situations where you can but shouldn't do something
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Morals DO exist to help CREATE laws in many cases, however NOT to ENFORCE them. There is a major difference.

You're bringing up the old morally wrong discussion with this one. If a kid faints and you give him mouth to mouth to save him and you're not licensed at CPR and the kid dies because you tried to help him, are you MORALLY wrong? Nope, not at all. However, you will be held responsible for not abiding by the law.

It doesn't make it right, it's just the way it is. If you studied law I would think you would know that.
You must be thinking of some kind of utopia. Morals show up in law enforcement (discretion) often and to a lesser degree in courts (mitigating circumstances)

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Edited by Green, Jan 19 2012, 06:04 PM.
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