Saved The Best Part for Last

Calling it a “tragically bizarre” case, an Illinois appeals court has ruled that a man killed by a train while crossing the tracks at a Chicago Metra station can be held responsible after part of his body struck and injured a bystander. — LA Times

Seems the poor gal was standing on the platform minding her own gloomy off-to-work business when she got hammered by a large bleeding chunk of a would-be fellow commuter running across the tracks.  The impact broke two of her bones.  So she sued the, um, well, that’s why this gets complicated.

A Cook County judge dismissed [the] lawsuit against [the] estate, finding that {the defendant] Joho could not have anticipated [plaintiff’s] injuries….But the appellate court disagreed. After noting that the case law involving “flying bodies” is sparse, it ruled that “it was reasonably foreseeable” that the high-speed train would kill [defendant] and fling his body toward a platform where people were waiting.

Whatever else he was thinking when he dashed across the tracks, I doubt he was worried about hurting anybody else.  But perhaps that’s the issue — his reckless conduct threatened others as well as himself.

I tried to get his take on that (if you knew in advance that a bleeding chunk of your dead body could seriously injure a bystander, would you have reconsidered running in front of a train moving at 70mph?), but because service to the Afterlife is handled by ATT, all of whose offices are headquartered in hell, the lines were down again.

Plaintiff’s attorney, professionally sensitive to and respectful of the parties involved and the tragic circumstances, summed it up this way: “If you do something as stupid as this guy did, you have to be responsible for what comes from it,” she said.

In other words, what “part” of dead don’t you get?  So what if he’s in pieces — you can still sue his estate — and specifically his ass — for what he (or it) did in its final moments.  Death is no release from the long arm of the law, detached or otherwise.

And on the bright side, we now have some additional case law addressing “flying bodies,” which may prove useful as domestic incidents of car bombings increase.  When life hands you lemons, make lemonade.

This entry was posted in People Who Died, Died. Bookmark the permalink.

1 Response to Saved The Best Part for Last

  1. E.O. Hippus says:

    I got the aside on AT&T. I laughed.

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