Court Rules Man Killed by Train Can Be Sued Over Bystander's Injuries

How did an Amtrak train even make it to 70mph???? Those things are the slowest trains in the world, whenever Europeans or Japanese friends tell me they've been on Amtrak, I get red on the face, it's so embarrassing! I bet when they come here and ride these slowpoke trains they get nostalgic for the old trains they had in Europe and Japan that were this slow and inefficient like 40-50 years ago. America is #1, yeah #1 at having the world's slowest trains...

anyone feel a real jones for Ben and Jerry's "Chunky Monkey"?

I guess we'll all have to be a little more careful how we throw our weight around!

It's a grade crossing.
A tunnel or bridge won't make it any safer! There are three grade crossings at this station within 500 feet, Central Ave., Caldwell Ave., & Devon Ave, plus the pedestrian crossing in the middle of the platforms.
Everyone is taught to look both ways before crossing the street. That also applies to crossing railroad tracks!
And if Metra settled that other case for "an undisclosed amount" it means the plaintiff got fuck off money! Just enough to make them go away, but not enough to make Metra disclose it, which means it was under $25,000. That's cheaper than going to court repeatedly to get the case thrown out.

Again, I have zero sympathy for people too stupid to wait for a train to pass.
None!

Ok, some of you people posting on here is either completely heartless or completely stupid or both. I knew this "kid" and I can tell you he did not own a PS3 and a skateboard. He was weeks away from attending a very prestigious college. The day he tragically died he was waiting for the train he had taken many times before. He was going to visit his girlfriend at her school. The train was stopped but he needed to get on the other side where an express train that doesn't stop ran him over.  Let me also mention that a number of people have died at this station and there have yet to be any safety improvements. So before you and your friends joke around about how funny this is and get on with your lives remember that this was an 18 year old kid just starting life. He was someone's son and someone's brother. I can tell you that his family as yet to completely recover. 

The last person to die at the Edgebrook Station was a suicide.
How do I know this?
Because I saw him drop to his knees & stretch out across the tracks in front of northbound Metra train 2121 on Friday, May 14, 2010 at 3:01 PM, that's how!
That old fool gave me two solid weeks of nightmares!
I can't imagine what it did to the unfortunate & totally innocent engineer who couldn't do a damn thing to stop before slicing up that old fool!

There are two tracks there & both Amtrak & Metra express trains roll through there at 79 MPH daily.
There used to be signs there put up by the Milwaukee Road that read "Fast trains do not stop". Because they can't!

So he was your friend. I don't give a shit!
I & everyone else that rides trains or even has to cross the tracks is sick & tired of morons who won't look both ways & wait a few seconds!
If you miss a train, guess what?
There's always another one!

Over a year ago, Metra released most of the locomotive video of a woman insanely & stupidly running in front of a train at North Chicago, while carrying her baby.
They didn't release the final part where the locomotive kills both of them because it was so close & she ignored the warning lights that were flashing & the bells that were ringing to tell people, DON'T DO THAT!

Wow, Scooter. Somehow you find a way to find it in your heart to feel sorry for other Metra riders, train engineers, and bystanders while at the same time basically spitting on the grave of the person who actually died and showing you don't give a care about his grieving family either. I'm sorry people dying inconveniences you and other Metra riders so much. Why don't you sue his grieving family too along with this lady? You could cite wages lost from being late to work. Obviously that means a lot to you. 

So the last person committed suicide. Why bring that up? Does that mean everyone everyone who dies at that station committed suicide? No. A number of people have died before and after this person and I can tell you it won't be the last. This article below even mentions another woman who died at the same station months after this incident who's estate actually won a settlement against Metra. 

http://articles.chicagotribune...

Did you ever think that maybe Metra should make these platforms safer so that you and other Metra riders don't have to worry about the "inconvenience" of people dying? The reason they don't make these changes is because, like you, these PEOPLE who die are just numbers. To you, all they are are minutes late to work. To Metra they're costs. It would cost less to improve the station and let people die then it to say, build a tunnel or overpass, or maybe install a separate warning that differentiates between a stopped train and an express train. 

But this is completely beside the point. The point is, a woman feels she is entitled to money from a dead boy's family because she suffered a few broken bones. How sick is it that there are people out there who have the gaul to sue a grieving family's DEAD son. Also something you won't give a "sh*t" about is that his family consists of a single mother and her one remaining daughter she is putting through college. So they can totally afford to go to court. 

As much as I would love to say something horrible back to you, I truly hope something like this never happens to you or anyone you know. I wouldn't wish the feeling on anyone of losing and child but then having to hire a lawyer and go to court to DEFEND your dead son whose intention wasn't to hurt anyone else or himself. This family is trying to move on from this horrible accident and this lady needs to do the same or leave everyone else alone. 

Oh, but here's something you might care about. Metra increased its fares by 30%. You might want to start a petition. As for me, I'm going to try everything in my power to help this family not have to give a dime to this money-grubbing bottom feeder. 

You have a great day! 

Only in a country called America this type of gory and stupid lidagation can exsist not to mention an appellate judgement for the victim to squeeze as much money from the family who lost a member! You know the saying, Kick them while their down. The new American Antheim kick'em while their down! Good One.

I'm on-board with her suing, but what kind of assets will she be suing for? I'm guessing that kid owned a PS3 and a skateboard.

I don't see anything wrong with this lawsuit - she was an innocent bystander - had it not been for someone crossing in front of the train (for whatever reason) - she wouldn't have gotten injured.

It's not the train's fault, it's the guy who didn't wait to make sure the train was stopping - which is clearly negligence.

You guys need some of our DC Metro trains.  They are efficient killers. No flying body parts, no mess.

I wonder how Palsgraph v. Long Island RR will be used? This should be a good case to follow.

And, flying body parts are so much better in Chicago than DC.

Palsgraf was where the court of appeals in this case got the "reasonably forseeable" standard it used to establish proximate cause, so that would be a key precedent.   Funny how so many torts cases originate around the railroad tracks.

Now that I've stopped laughing....

I can understand expecting the estate to pay hospital bills that may have resulted due to being struck by the body--kind of like expecting a driver to pay medical bills if they hit you with their car.  I'm not sure why "negligence" is specifically referenced in the suit, as that implies that the guy should've thought through being hit by a train at 70 mph, which I find a ridiculous notion.  Perhaps its just legalese.

it is negligent to walk in front of a train.

(Note: an action can be considered negligent even if it only harms yourself).

Note that the court said the woman can sue. It did not give any indication she would win this case.  The issue is whether she is entitled to her day in court to make the case. When presented this way, it does not sound so unreasonable.  I doubt she will win.  But, is it frivolous?  I dunno.

I don't know, she might win. Depending on the details of the accident, she might have a leg up on the defense.

oh man. is it possible to hate and love someone at the same time?

Some people get hit with flying body parts after a train accident and sue. I get hit with flying body parts after a train accident and say, "Hey! Free body parts!"

It makes sense that she would sue.  She sustained real injuries as a result of the 18 year old adults decision to be on the track when a train was coming.

I don't understand what's crazy about the current lawsuit. His actions (which were negligent) caused injury. That is a tort. 

and not the good kind!!

Not sure which of those two lawsuits is crazier. 

That's easy.  Suing the railway for failing to inform you that the ton of steel barreling towards you is an express, and not a commuter train, defies common sense.  The other case, is, as the plaintiff's lawyer said, a fairly straightforward negligence lawsuit that happens to be very gory, as many of them are.