I write a twice-monthly column for the Pittsburgh Tribune-Review. Here’s my latest; it’s the first in a series in which I make the case for a free market in transplantable human body organs. In other words, I argue in favor of allowing adults to receive whatever prices they negotiate for whatever of their organs they choose to donate.
Posts Tagged ‘personal responsibility’
Blood-alcohol levels? Why bring those up?
“Margaret Petraski was legally drunk when a Cook County sheriff’s squad car raced through an intersection and slammed into her vehicle, authorities said. …Late Tuesday, a Cook County jury decided Petraski should receive $26.8 million for the injuries she endured in the 2001 crash — believed to be the biggest verdict of its kind.
“But the jurors who delivered Tuesday night’s verdict never heard about the 0.11 blood-alcohol level hospital officials say Petraski registered after the Memorial Day accident. A driver is considered drunk if the blood-alcohol level is 0.08 or greater.” Judge Richard Elrod* ruled that Petraski’s blood-alcohol sample wasn’t reliable enough to be admitted, because it was taken from a dried sample, and Petraski’s lawyers further argued that no expert had given testimony linking her alcohol intake to the accident, which occurred when a police officer sped through a red light in response to a non-emergency call. However, even without being told about Petraski’s alcohol level, jurors declared her 25 percent to blame for the crash, because she “misjudged the turn and should have anticipated the officer was going fast”. (Steve Patterson, “$26.8 million for victim in cop collision”, Chicago Sun-Times, May 25).
* Bonus trivia point for law buffs: Judge Elrod is the same Elrod who figures in the heading of Elrod v. Burns, a famous U.S. Supreme Court case on the Constitutional status of political patronage.
Deep pocket files: Racibozynski v. Knox College
Clyde Best was sentenced to sixty years for murdering his Knox College classmate, Andrea Racibozynski, in 1998 after a fraternity-party fight; he was identified and caught within three hours of the crime. The murder is, Racibozynski’s attorney Ed Manzke argued, the fault of the college for the way lighting in the stairwell was designed; a jury agreed, and awarded $1.05 million. (Bill Bird, “Family wins $1 mil. suit against Knox College”, Naperville Sun/Chicago Sun-Times, May 24).
Warning label demanded: TVs subject to gravity
Following three accidents in New York City, some grieving parents are asking for legislation mandating that TV sets carry warning labels that they’re heavy and can kill or injure you if you have the bad fortune to be underneath them when they topple over. (“Children killed by falling TVs”, AP/Newsday, Apr. 30).
Playing chicken on railroad tracks
Kent, Wash.: A suit against Amtrak is set to go to trial next month on behalf of the survivors of a pair of 11- and 13-year-old girls who engaged in that ill-advised pastime. “The case apparently is the only one of its kind in [Washington] state where an appellate court” — that would be the Ninth Circuit — “has reversed the dismissal of a case against a train company.” (Nancy Bartley, “Lawsuit in train deaths is beating the odds”, Seattle Times, May 3).
Deep pocket files: Stevens v. NYC Transit Authority
In this reported case, a nameless plaintiff was pushed onto the railroad tracks in front of an oncoming train by a nameless third party, and sued the NYCTA for her personal injuries because the train didn’t stop in time. A jury found the NYCTA 40% at fault for “speeding,” despite conflicting testimony whether it was even physically possible for the train to stop in time at the slower speed. The court was kind enough to reduce this to 20%, which still puts taxpayers on the entire hook for economic damages, if halving the noneconomic damages under New York’s version of joint and several liability.
Attempts suicide on Death Row, wants $35M from jailers
Ronnie Joe Neal, who got to Texas’s Death Row by committing a particularly heinous sex murder, says Bexar County jailers didn’t act speedily enough to save him after he attempted suicide by downing 50 prescription tablets. So he wants $35 million in his civil rights lawsuit, in which he’s represented by attorney James Myart. (Ken Rodriguez, “Alamo Heights teacher’s killer wants $35 million worth of ‘justice'”, San Antonio Express-News, Apr. 21). Similar: Apr. 17.
Police sued over jail suicide
Illinois: “The mother of a Granville man who shot himself last year at the Spring Valley Jail has filed a wrongful death suit against the city, the police chief and a former police officer.” Robert “Steve” McFadin, placed in a holding cell after being charged with violating an order of protection against his estranged wife, wrested away the gun of former Spring Valley police officer Thomas Quartucci and beat him. When Quartucci fled the cell, McFadin used the gun to shoot himself. Quartucci, who was admitted to intensive care after the beating and remained on workers’ comp until retirement, is among the defendants in the suit, which “was filed on [Lori] Hafley’s behalf by Miskell Law Center of Ottawa and the Berkland Law Office of Marseilles. The suit alleges Quartucci violated procedure when he did not secure his loaded weapon before entering the cell. The suit also alleges actions taken by the officers at Spring Valley led to McFadin’s death.” (Erinn Deshinsky, “Mother of suicide victim sues police”, Peoria Journal-Star, Apr. 7). The suit seeks $15 million (John Thompson, “Mother sues Spring Valley, police”, La Salle News Tribune, Apr. 5; Dan Churney, “Police officers named in suicide suit”, Ottawa Times, Apr. 13).
Shoots self in foot on video, sues over embarrassment
17-year-old boys climb railroad cars
…and get in serious trouble with the 12,000-volt catenary wires atop them. Now a Pennsylvania federal judge has ruled that the resulting suit against Amtrak can go forward, including a claim for punitive damages — the doctrine of “attractive nuisance” applies, it seems, because the kids were after all legal infants. (Shannon P. Duffy, “17-Year-Old Trespassers May Use Attractive Nuisance Argument”, Legal Intelligencer, Apr. 11)(via Childs who got it from WSJ law blog).