Was that an arm or a leg?

[tommymac]

Originally Posted by Papa_Complex

They bear no fault in the stupidity of another.



So you think that people should pay for the mistakes of others? How unconservative of you.

Neither did mcdonalds but when that lady spilled coffee on herself they had to pay. I think fo rme I am just so sick of stuff ALWYS being someone elses fault and someone else has t bear the responsibility. I know this is a little different but you could also argue maybe the lady shouldnt have been standing where she was or been more alert to her surroundings.

[Papa_Complex]

Originally Posted by tommymac

Neither did mcdonalds but when that lady spilled coffee on herself they had to pay. I think fo rme I am just so sick of stuff ALWYS being someone elses fault and someone else has t bear the responsibility. I know this is a little different but you could also argue maybe the lady shouldnt have been standing where she was or been more alert to her surroundings.

People always mention the McDonald's case

Funny thing is that the McDonald's case was legitimate. I've read about it, extensively. The fact that she sued her mother and the car manufacturer aside McDonald's had been put on notice, multiple times and in multiple jurisdictions, that they were serving their coffee too hot. They persisted. She sued. She won.

So the woman at the train station should have been "more aware of her surroundings"? I don't know about you but I'm generally not expecting body parts to get lobbed at me, while I'm waiting for a train. You can't blame the victim, of someone else's stupidity. She bore no responsibility, in the matter, but did receive injury.

[pauldun170]

Hiroyuki Joho, 18, shielding himself from pouring rain with an umbrella over his head, was hurrying to catch an inbound Metra train when he was struck by an southbound Amtrak train going more than 70 mph, the Tribune said.

Joho's mother, the Tribune said, sued Metra and Canadian Pacific Railway, claiming they were negligent by not announcing a Metra delay, which led to Joho's accident when he mistook which train was his.

The impact sent a large portion of his body flying 100 feet into Gayane Zokhrabov, then 58, who was waiting on the southbound train platform, the Tribune said. Joho's body part knocked Zokhrabov to the floor, breaking her leg and wrist and injuring her shoulder.

Zokhrabov sued Joho's estate

Of the two lawsuits, Joho's mother suit comes across as frivolous.
I haven't seen the details on the Zokhrabov lawsuit and what she is asking for so I'm not going to pass judgement on it. For all I know she is suing for some medical costs not covered by her own insurance. His negligence lead to her injury. How the fuck did he cross the tracks if trains were coming?

[Trip]

Don't see any issue with this, kid did something stupid and hurt someone else. Whatever money the kid had should pay to fix the lady back up. Dipshit kid is dipshit.

[pauldun170]

http://www.state.il.us/court/OPINION...er/1102672.pdf

[Rangerscott]

Im with ya papa.

[Papa_Complex]

Originally Posted by Rangerscott

Im with ya papa.

It's an ER thing.

[Papa_Complex]

Reversed summary judgment against her and gave her the right to argue her case in court. Not a win, but undoing a loss.

[Captain Morgan]

Originally Posted by tommymac

I am sure the railroad companies have deep pockets, sue them for making trains that are unsafe or cant stop in time.

Originally Posted by Papa_Complex

They bear no fault in the stupidity of another.



So you think that people should pay for the mistakes of others? How unconservative of you.

One could argue that the railroad companies are aware that deaths occur from someone trying to run across tracks and getting hit by trains. It is reasonably forseeable that a person running across the tracks and getting hit by a train will die or be dismembered. Therefore, the railroad companies were negligent in not making it extremely difficult, if not impossible, for a person to run across the tracks.

[Papa_Complex]

Originally Posted by Captain Morgan

One could argue that the railroad companies are aware that deaths occur from someone trying to run across tracks and getting hit by trains. It is reasonably forseeable that a person running across the tracks and getting hit by a train will die or be dismembered. Therefore, the railroad companies were negligent in not making it extremely difficult, if not impossible, for a person to run across the tracks.

You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so

The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?

I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.