Woman sues family of teenager killed by train - after she was injured by his flying body parts

Originally posted by TWILITE22

Originally posted by trustnothing
LOL usual crap from America, tragic example in this case but your "jump in front of a car and sue the driver culture" is a joke. Can I sue all you fruitcakes for emotional stress re all the end of the world /nibiru nonsense? Well considering an American sued god.... I love this quote from that case, sums it all up

"The Constitution requires that the courthouse doors be open, so you cannot prohibit the filing of suits," Chambers says. "Anyone can sue anyone they choose, even God."

If anyone is liable it should be the operators (person was injured standing on their platform by a freak accident) and it should be to the extent of her medical bills not a penny more, going after the family is low.

If I was the judge I would reward her medical expenses,then deduct for moral and ethical purposes and for not having a shred of empathy or soul.she would walk away with a negative cool million.So the next person that shows up with a lawsuit like this will think real hard about being greedy.

I have to say that if I was the judge, I would do everything in my power to publicize the case as much as possible, and then award the woman $1 in damages, and I'd make it clear that it's more than she deserves.

Originally posted by detachedindividual

Originally posted by ladyteeny
it's sad the lad lost his life, of course... but that doesn't take away from the fact that it must be extremely traumatic to not only be hit by a severed limb, but to also be incapacitated financially and bodily because of it. lets not forget it's not exactly a walk in the park to have a broken leg and wrist. why on earth would anybody make provision for an accident that somebody else causes?

Last year I left my job for medical reasons. I didn't claim benefits, but I had savings to cover me for a few months while I started my own business. My ill health wasn't the fault of anyone else, and it certainly wasn't the fault of my employer. But my employer was decent enough to pay me all my owed holiday, which I should have legally lost. They did everything they could to get me well enough to return, and they kept my job open until I made the decision that it was an impossible situation.

supposing your ill health HAD been the fault of someone else, someone else DIRECTLY and SOLELY responsible for your bad health? suppose you didn't have savings? what then? all i'm saying is that without the full details it's easy to judge based on limited information. i put myself in that situation, if i'd been hit and fairly badly injured by a flying limb what would it affect me like right now.... i'm self employed, middle aged woman, in the uk where insurance isn't as life threateningly bad as it is in the us, ...i'd be up the proverbial creek, the economy being what it is i don't have much in savings, i rent my property, living from week to week has become the norm for a single mum who works. i'd lose my home, everything in it with no living family to help, and all through no fault of my own. i can't help looking at both sides as objectively as possible. perhaps you could try it.

hope you're better now and that your business is doing well

I think it is sick to sue something like this. It is just all money related.
Where is the compassion in people?

If everybody would do this I wouldn't mind if the whole earth blew up. They are not worthy.

reply to post by ladyteeny

supposing your ill health HAD been the fault of someone else, someone else DIRECTLY and SOLELY responsible for your bad health? suppose you didn't have savings? what then? all i'm saying is that without the full details it's easy to judge based on limited information. i put myself in that situation, if i'd been hit and fairly badly injured by a flying limb what would it affect me like right now.... i'm self employed, middle aged woman, in the uk where insurance isn't as life threateningly bad as it is in the us, ...i'd be up the proverbial creek, the economy being what it is i don't have much in savings, i rent my property, living from week to week has become the norm for a single mum who works. i'd lose my home, everything in it with no living family to help, and all through no fault of my own. i can't help looking at

But was that the case with this lady?

Imagining up a bunch of conditions that might make this suing seem less heartless is not the same as looking at both sides.

wonder if the one who jumped in frot of the train new his or her parts were going to go lying into someone else.....Probably not...to sue over such a thing is so so silly..this world has gone crazy..Any thing to get money..cant believe there is even a case on this....shame shame..lol...lol..

Originally posted by PhoenixOD

This is one crazy story but i just cant make my mind up about it. On one had the idea of suing a dead person just seems so typically American but on the other hand she did receive some injuries that were not her fault.

edit on 29-12-2011 by PhoenixOD because: (no reason given)

Sometimes # happens. People don't deserve compensation for every bad thing that happens, particularly freak circumstances like this. This woman would be suing for the trains going too fast if it had been her own son in this guy's place.

It would be perfectly reasonable to expect the State to cover any medical costs and time off work but the idea of suing a family that just lost their child makes me wish she' d just take a long walk off a short pier.

Also she's basically implying she's never misjudged a single thing in her life; many of us have had a momentary lapse, spaced out at the wrong time and were lucky, especially as teens.

Regardless, suing a family member of a deceased is just so mind-bogglingly callous imho I can't get my head around it.

Originally posted by thisguyrighthere
reply to post by SolidFaith

 

The LA Times article mentions a broken wrist and bruised shoulder.

Typically what happens when a fatty hits the ground.

...sorry, that's not very nice, but neither is this woman apparently.

LOL one could argue that if she had been paying more attention to her surroundings she should have anticipated this and ducked or gotten out of the way in time...

If this woman wins this case, the people been sued should turn around and sue the railway company for not providing adequate protection for her son allowing him onto the tracks. stupidity vs stupidity should work right

It saddens me to be a part of a species that reduces the sanctity of life to a monetary value.No one person is to blame in this case,a tragic accident occurred (that COULD have been avoided but sadly wasn't) and a person with everything to live for had his life taken from him.
This is just from memory,but when you reach 18 doesn't the parental responsibilty thing run out and gets passed onto the individual? In this case the parents of the boy can not be held responsible for his actions,so how can you sue a dead person?
The real problem here is that America in particular makes being a vexatious litigant a viable way of earning a living.These cases are taken on by lawyers who specialise in this type of thing and are given to judges who they know will always pass judgement in their favour,these are the guilty people in cases like these and are the ones who should be punished,not the family still grieving the loss of a loved one.
The 58 year old woman deserves to have all the bile and hatred drained from her (this is just a metaphor by the way),have it put into a container and then have her head forcibly held underneath it just so she can feel how bad it is to have this much bitterness forced upon her.The family of the 18 year old are also a victim of this system as I guess they are only sueing Amtrak as a kind of reprisal against the lady that's sueing them? Even if they win it won't bring their son back,and this was my family it would always make me think "Is this all my son was worth?"

No one should sue anyone else in this case.The woman will have recovered from her bruising and sprains in a few weeks time and the young man will still be dead.People die every day somewhere in the world in accidents at railway crossings,surely the lawyers skills would be better utilised making the world a better and safer place so this sort of thing doesn't happen again?