wow wtf has this country and world come to?

[madvlad]

http://www.latimes.com/news/nationworld/nation/la-na-train-death-lawsuit-20111229,0,1119897.story

I am enraged just hearing this. I hope this bitch gets lynched and mauled by a pack of hungry lions this monumental thundercunt.

[Sleev]

If he's dead I don't see how they could recoup anything from him. Fucking lawyers

[madvlad]

If he's dead I don't see how they could recoup anything from him. Fucking lawyers

Latest news is that she is chasing after his parents for a settlement... what a mindless cunt dude, I am not for hitting women but this bitch could be my exception.

[~Barn~]

I'm not for tort law if it's at all avoidable, but obviously "it could be argued" that X's lack of proper and reasonable "regard" for certain things, led not only to his untimely death, but utimately also to the injury suffered by Y.

Obviously there's a lot more to it than just that, but I'm just sayin'...

[JKOL]

I am not for hitting women but this bitch could be my exception.


I certainly wouldn't judge you.

[Jmetz]

I'm not for tort law if it's at all avoidable, but obviously "it could be argued" that X's lack of proper and reasonable "regard" for certain things, led not only to his untimely death, but utimately also to the injury suffered by Y.

Obviously there's a lot more to it than just that, but I'm just sayin'...

But how does that make x's family responsible?

[puckstr]

throw her from the train

[Sleev]

But how does that make x's family responsible?

It doesn't. I'm not a lawyer, but I can tell you there is no way the family is responsible for something he did. The people sueing might be able to get something from his estate ( which probably doesn't exist) but there are other people on this website who can address this better than I can.

[~Barn~]

But how does that make x's family responsible? I don't know if I believe it necessarily does.

[rforsythe]

Wow. If I ever go out by train, I am totally taking as many people out with my body parts as possible. If I can posthumously "reasonably foresee" injuring others, I am gonna drop every old lady with an appendage I see (after I die of course).

[longrider]

It doesn't. I'm not a lawyer, but I can tell you there is no way the family is responsible for something he did. The people sueing might be able to get something from his estate ( which probably doesn't exist) but there are other people on this website who can address this better than I can.

I agree 100% (but I am not a lawyer either) If there is an estate you could go after that but there is no way in hell you could hold his family responsible

[TurboGizzmo]

I agree 100% (but I am not a lawyer either) If there is an estate you could go after that but there is no way in hell you could hold his family responsible

+1 for estate, whole point of a Estate is to tie up your loose ends....or flying ends....to soon?? ;)

[Ninja2]

While i agree the story is bizarre, I don't agree with the title. This country has argued a similar case in 1928. As a matter of fact, this case is probably quoting the Palsgraf Case vs Long Island Railroad.

Bottom line: If you get run over, you can take out others with fireworks. But not with your body parts. :banghead:

PALSGRAFF V. LONG ISLAND RAILROAD
BACKGROUND
The quintessential case involving the extent of liability in a negligence claim is Palsgraf v. Long Island R.R. Co., Ct. of App. of N.Y., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). Palsgraff involved a man climbing aboard a Long Island Railroad train carrying a package. An employee of the railroad aided the man in getting on the train and while doing so the man dropped a package that, unbeknownst to the employee or anyone else other than the man carrying the package, contained fireworks. When the fireworks fell to the ground it caused a minor explosion that sent shockwaves through the train car causing injury to Palsgraff (the plaintiff). Subsequently Palsgraff sued the Long Island Railroad in tort for negligence. Both the NY State trial court and the Appellate court found in favor of the plaintiff and on appeal the Court of Appeals of NY (New York's highest court) reversed, finding for the defendant, Long Island Railroad.

HOLDING
In making its decision the court confronted two (2) issues: (1) how is the duty of care that is owed determined; and (2) to whom does a party owe the duty of care to?
In determining who the duty of care is owed the court found that the duty must be owed to a person that can reasonably be foreseen under the circumstances. Here, although the defendant, railroad company, owed a duty of care to the man carrying the package the defendant DID NOT owe a duty of care to the plaintiff because it was unreasonably foreseeable that the package contained fireworks and that the mishandling of the package would result in injury to the plaintiff, who was at the other end of the car. The court referred to this as the "Zone of Danger."
This is a perfect example of how an injury that may have resulted from a defendant's negligence may not be imputed upon them because the DUTY OF CARE that the defendant had was to all foreseeable plaintiffs and the injury that resulted from the firework explosion was not forseeable.

[Zach929rr]

Person's estate doesn't equal their family. Goddamn learn to read.

And this is perfectly reasonable. If some Asshole killed himself and injured me or my family in the process, you bet your fucking ass I would make a claim on his estate.

[madvlad]

If the guy pulls a suicide bomb type deal and injure that's different cause it was premeditated to actually hurt others but this dude whether he commited suicide or was an accident he did not mean to have his body parts hurt people... that's ridiculous to sue.

[rforsythe]

If the guy pulls a suicide bomb type deal and injure that's different cause it was premeditated to actually hurt others but this dude whether he commited suicide or was an accident he did not mean to have his body parts hurt people... that's ridiculous to sue.

Intent only matters in a crime. Negligence is definitely a reason to sue someone, and this guy was negligently stupid enough to get plowed by a train.

[grim]

Intent only matters in a crime. Negligence is definitely a reason to sue someone, and this guy was negligently stupid enough to get plowed by a train.

This statement just made my Wednesday morning :lol:

[brennahm]

May god strike me down...but +1 to Zach.

[vort3xr6]

Another +1 to Zach. I would sue the dumb bastard too.

""If you do something as stupid as this guy did, you have to be responsible for what comes from it," she said."

I see it no different than if you were standing on the mountain and some out of control skier hit you at 50 mph and broke a bunch of bones. Negligence has consequence regardless of the context.

[Jmetz]

Person's estate doesn't not equal their family. Goddamn learn to read.

And this is perfectly reasonable. If some Asshole killed himself and injured me or my family in the process, you bet your fucking ass I would make a claim on his estate.

I can't read. But I am attending the Derek Zoolander Center For Children Who Can't Read Good.

I didn't read whatever was posted but was going off what I had heard on the radio.

[madvlad]

Of course its all about the $$$ factor in this country... ridiculous.

[Zach929rr]

that's ridiculous to sue.

No, it is not ridiculous. The person is making a claim on all of that guys things that get piled into an estate after death.... house, cars, bank accounts, beanie babies. Once the claim is settled in court, things in the estate are sold or siezed in order to recoup the damages. This is has nothing to do with this dumb assholes family.

Also, I wholeheartedly agree with the appellate judge that it was "reasonably foreseeable" that his limbs would travel and hurt someone on a train platform loaded with people.


I can't read. But I am attending the Derek Zoolander Center For Children Who Can't Read Good.


Fixed my double negative there.

[madvlad]

Like said its all about the money... I respectfully disagree but to each its own. The bitch will probably win anyways.

[Zach929rr]

Like said its all about the money... I respectfully disagree but to each its own. The bitch will probably win anyways.

So if you were her, you wouldn't do shit? What if you didn't have insurance? What if you did have insurance, but it didn't cover "flying dead mans limbs"?

[vort3xr6]

Like said its all about the money... I respectfully disagree but to each its own. The bitch will probably win anyways.

As she should. Medical bills are not cheap, especially if she needs reconstructive surgery because some dumbass decided to play roshambo with a 70mph amtrack.

So you are saying you would pay all your own medical bill deductibles out of pocket, AND forfeit your income from work during rehabilitation because that guy wasn't at fault?

[~Barn~]

If Damir were an X-Men, my guess is that he would be Wolverine.
:D

[06R1]

It's Cook County...The most notoriously crooked county in the country. Why else would someone (Rham Emanuel) give up the position of White House Chief of Staff to become Mayor? It will eventually lead to him getting a nod for a higher office. I work in Chicago every year for about two weeks and this year it was explained to me how the last Mayor and his son (now the WH CoS) have held the city over a crooked barrel for decades. Still fuc!#d that our legal system would allow it, but it doesnt surprise me at all...

[modette99]

There must be an estate or there be no reason to sue. Be pissing in the wind and the dead guy is Judgement proof 1) for being dead, and 2) for having nothing left to give.

[Ninja2]

Court made the right decision. Read the entire case with all the facts before judging.
http://www.state.il.us/court/OPINIONS/AppellateCourt/2011/1stDistrict/December/1102672.pdf

If you violate a statute and someone gets hurt, and the statute was intended to protect, you pay. As simple as that. Nothing crooked or absurd. That's the legal system. Has been for a very long time.

Excerpt: In addition to these cases indicating that active trains pose an open and obvious danger to
pedestrians, there is an Illinois statute regarding pedestrian rights and duties which states: "No
pedestrian shall enter, remain upon or traverse over a railroad grade crossing or pedestrian
walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical
signal device is operational giving warning of the presence, approach, passage, or departure of a
railroad train [or railroad track equipment]." 625 ILCS 5/11-1011(c) (West 2006)."

Oh, and if the lawyer, or "monumental thundercunt" as you referred to her had not sued or appealed, her client would have sued her for malpractice.

[grim]

Like said its all about the money... I respectfully disagree but to each its own. The bitch will probably win anyways.

What if one of those flying limbs smacked the shit out of your bike knocking it over and damaging a lot of stuff?

Sorry but the image in my head is making me giggle.

[CraigB]

imagine a slightly different scenario. what if someone left his car in reverse, got out of it, was knocked down by the door and killed by the front tire, and the car continued on to run over an elderly couple and cause them serious injury?

would it seem wrong for the elderly couple to go after the man's life insurance policy to cover their medical bills?

[Sleev]

something tells me his estate consists of a tinfoil hat

[Bueller]

I gotta tell you if I am driving down 470 with my wife in the car and you are stupid enough to run across the freeway and get smacked by a semi and your decapitated head comes through my windshield and takes my wife out then yea I am going to sue you and your estate to recoup the loss and pain and suffering that your stupidity caused.
And you may not usually condone hitting women or whatever you said but where I come from using that word usually indicates a total disrespect for women in general as I don't know too many that don't find it extremely offensive, but hey kids these days huh?

[Jmetz]

imagine a slightly different scenario. what if someone left his car in reverse, got out of it, was knocked down by the door and killed by the front tire, and the car continued on to run over an elderly couple and cause them serious injury?

would it seem wrong for the elderly couple to go after the man's life insurance policy to cover their medical bills?

It would, because they have one foot in the grave already.

[grim]

It would, because they have one foot in the grave already.

What an ass.

[Ghost]

The guy running in front of the train caused the secondary injuries to the others, thus, he and/or his estate is liable for his negligence and his disregard of the rules/laws/regulations prohibiting his running around the tracks.

To put it in our terms: If you pass me on a double yellow with one wheel in the air, get hit by a semi in the oncoming lane and take me and my bike out with your flying body parts, you bet your ass I'm suing since you directly caused my injuries through your actions.

Fwiw, I fully support the lawsuit and the Thundercunt who brought it.

[Clovis]

Thundercunts, ho!

[Zach929rr]

I didn't think about how much money this lady has already spent going through the circut court and apellate court. Lawyer must be working on a percentage or pro bono basis. I guess hearing information on tjhat could make me reconsider whether or not it is a money grab.

[rforsythe]

Thundercunts, ho!

If I had been drinking something it would be all over my screen right now. Well played, sir.

[salsashark]

What lawyer would go after an empty estate? They smell blood in the water or they would be out of there.

[Keyser Soze]

I gotta tell you if I am driving down 470 with my wife in the car and you are stupid enough to run across the freeway and get smacked by a semi and your decapitated head comes through my windshield and takes my wife out then yea I am going to sue you and your estate to recoup the loss and pain and suffering that your stupidity caused.
And you may not usually condone hitting women or whatever you said but where I come from using that word usually indicates a total disrespect for women in general as I don't know too many that don't find it extremely offensive, but hey kids these days huh?

Wait....you're married? Hmm...who'da thunk :lol:

:doublefinger:

[cptschlongenheimer]

Thundercunts, ho!


If I had been drinking something it would be all over my screen right now. Well played, sir.
ditto...

[mdub]

wtf has this country and world come to?

yup its all f'up....i turn my back to it.

[Vellos]

She broke two bones because of the 2008 Darwin Award winner and thus should get compensation for her injuries. If she was suing because she was traumatized by the gore and had not actually got hurt then that would indeed make her a thundercunt.

[Clovis]

ditto...

Glad I could brighten your day :)

[#1Townie]

Wait did i just actually read people in favor of this? The estate of a 18 year old kid right? What the fuck are you going to go after? His school debt? He was running in the rain to catch a train......... read that one more time......... RUNNING IN THE FUCKING RAIN TO CATCH A TRAIN............ HES 18!!!!!!!!!! HE IS BROKE!!!!!!! The only people who are facing this bs case are his parents and havent theypaid enough? You fucking people make me sick.

[madvlad]

Wow I didn't think I'd find someone in agreement lol

[~Barn~]

If Townie were an X-Men, he'd be in agreement.

[#1Townie]

Na if i was mutant i would be bad guy soooooo............. wait maybe youre right because i would be a even bigger dick.

[~Barn~]

Ha! Yeah, but I'm pretty sure you're already the CSC's most prolific (and original) dick, Townie. No small feat in this current group of hooligans.

[modette99]

Wait did i just actually read people in favor of this? The estate of a 18 year old kid right? What the fuck are you going to go after? His school debt? He was running in the rain to catch a train......... read that one more time......... RUNNING IN THE FUCKING RAIN TO CATCH A TRAIN............ HES 18!!!!!!!!!! HE IS BROKE!!!!!!! The only people who are facing this bs case are his parents and havent theypaid enough? You fucking people make me sick.

My parents had a life insurance policy on me when I was 18 actually when I was a baby (I cashed it in) It was not much like $10K cash value and like $20K insurance value. But maybe he has a life insurance policy his parents got him when he was a baby. Idea of that is to pay for funeral cost. The policy on me was like $10 a month...not much at all.

But once a funeral is paid for, not much left.

Yeah, I don't get why she be suing...something her lawyer knows we don't!!!

[rforsythe]

I think this is the first time I've seen Townie referred to as a giant mutant penis.

[#1Townie]

I think this is the first time I've seen Townie referred to as a giant mutant penis.
Sadly enough its not mine.
:coffee:

Barn I have worked to be the most hated sport bike rider in co. I would appreciate it if u didn't tarnish my name with complements.

[Zach929rr]

townie is a pretty nice guy who doesnt afraid of anything

[sloridr]

Ha! Yeah, but I'm pretty sure you're already the CSC's most prolific (and original) dick, Townie. No small feat in this current group of hooligans.


That ain't no shit. These noobs are worse than any I've seen yet! I know I'm still a noob but there are noobers than me... fuckin noobs. I'd sue if there was money but Townie has a point HE IS ONLY 18!!!:applause:

[Ghost]

He ran into a train......... read that one more time......... RAN INTO A TRAIN............ HES 18!!!!!!!!!! HE IS BROKEN AND FLYING EVERYWHERE!!!!!!! The only people who are facing this bs case are his parents and havent theypaid enough? They clearly should have kept him on a leash as he's too stupid to avoid a multi-thousand-ton vehicle. You fucking people make me happy to live in a world with such reasoned intellects; who see that this unfortunate individual was so deserving of the Darwin Award that he not only killed himself, he managed to injure someone else in the process of his RUNNING INTO A HUGE FUCKING TRAIN. And since innocent bystanders won't have their insurance deductibles paid for by God, then they deserve compensation for this idiot's stupidity.

Fixed.

[Ricky]

I don't see the wrong here.

Let's say he was driving a vehicle, and it was struck by a train, and his car hit her car and she had the same injuries, and he died. How does it make the situation any different (except for car insurance)? She broke bones because of HIS actions. He is responsible for her injuries. If it had been a car scenario, the insurance company would pay out to her because he is responsible for the crash.

The lawsuit isn't frivolous either, so...

[Sleev]

Person's estate doesn't equal their family. Goddamn learn to read.


townie is a pretty nice guy who doesnt afraid of anything
.

[mdub]

Originally Posted by Zach929rr http://www.cosportbikeclub.org/forums/images/buttons/viewpost.gif (http://www.cosportbikeclub.org/forums/showthread.php?p=635524#post635524)
townie is a pretty nice guy who doesnt afraid of anything




yeah.....the guy repo's property.

[#1Townie]

I don't see the wrong here.

Let's say he was driving a vehicle, and it was struck by a train, and his car hit her car and she had the same injuries, and he died. How does it make the situation any different (except for car insurance)? She broke bones because of HIS actions. He is responsible for her injuries. If it had been a car scenario, the insurance company would pay out to her because he is responsible for the crash.

The lawsuit isn't frivolous either, so...
ok or what if he was super man and crushed the train and then killed the people on the train. come on bro dont do the what ifs. thats just gay.

[madvlad]

It its gay, matter of fact uber ghei... She just happened to be at the wrong place at the wrong time

[grim]

:lol:

[#1Townie]

Fixed.
na man the spelling in that is far beyond my abality. i drive a tow truck. my monkey does all my typing.

but with jokes aside we the people are by far the idiots and if our courts keep letting these dumbass cases win we are going to end up in rubber rooms to keep ourselfs protected from the world. WHAT DO YOU MEAN THIS COFFIE IS HOT? YOU MADE MY KID FAT! I WALKED ONTO A FREEWAY AND GOT HIT BY A CAR BECAUSE I WAS USING YOUR PHONE! ok im not really sure how that last one ended but i think i kind of make my point.

at the end of the day we have to put our big boy pants on understand that sometimes life just happens. ok i got hit with a body after a kid ran into a train. thats fucking freaky but thats just what life had in store for me today.

i cant file a law suit against operation repo. that fucking show and those dumbshit rednecks at lizard lick have made my life so much fucking harder. but thats just life. morons like it so it stays on the air and i have to learn how to deal with the morons who actually think any of that is real. good times lets me laugh at the world.

i forget where im going with all that but basically if the person is dead they have already paid the biggest price. WITH THEIR LIFE! once the person is dead that should be it. parents should not be held to pay money to a lady thats suing because she got blood on her shirt.

for those of you that think this is ok i feel sad for you. you idea of how to be a man in this day in age saddens me. i feel bad for you as you are also probably the ones that have to call the cops when you think something bad is going on. its ok little girls real men out there somewhere will save you so that someday you can take the big bad wolf to court.

[grim]

I have to laugh at the fact you said if you get hit by a flying limb that's what was in store for you that day. :lol:

[Sleev]

http://troll.me/images/troll-boat/please-do-reply.jpg

[Ghost]

It its gay, matter of fact uber ghei... She just happened to be at the wrong place at the wrong time

No, the fucking moron who ran into a TRAIN was in the wrong place at the wrong time--by his own choice.

Seriously, it's OK to assign blame and fault, and he's definitely the cause.

Stop defending a Darwin Award winner for being so utterly stupid as to get run the fuck over by a train. The train didn't jump the tracks and come after him, he had to go out of his way to get run over--and then caused injuries to some innocent bystander.

This lawsuit's nothing more than a tax on his blatant, overwhelming stupidity.

[madvlad]

I have to laugh at the fact you said if you get hit by a flying limb that's what was in store for you that day. :lol:

Why not? Random shit happens to everyone, everyday.

[mdub]

No, the fucking moron who ran into a TRAIN was in the wrong place at the wrong time--by his own choice.



:D love the usage of the f-word reminds me of technojoe..:D

[Ghost]

:D love the usage of the f-word reminds me of technojoe..:D

I actually took two other uses out, it's my favorite word, but it loses impact if I just throw it out there three times in one sentence. ;)

[mdub]

it is as harsh as dry fucking....heheheheheheh

[#1Townie]

I have to laugh at the fact you said if you get hit by a flying limb that's what was in store for you that day. :lol:ive done some fucked up jobs so yeah getting hit by a body wouldnt be that big of a deal.


No, the fucking moron who ran into a TRAIN was in the wrong place at the wrong time--by his own choice.

Seriously, it's OK to assign blame and fault, and he's definitely the cause.

Stop defending a Darwin Award winner for being so utterly stupid as to get run the fuck over by a train. The train didn't jump the tracks and come after him, he had to go out of his way to get run over--and then caused injuries to some innocent bystander.

This lawsuit's nothing more than a tax on his blatant, overwhelming stupidity.
I cant see how taxing the living to punish the dead makes sense. Darwin won. Hes dead. O wait i just got it..... dawins not done with rest of the morons. Good luck at life tiffany.