Cases that make you go huh? – Palsgraf Revisited

Medicare Set-Aside Blog on January 6, 2012
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I get a lot of notices every day of court opinions that were published throughout the country, most of which I dismiss when they don’t have an interesting MSP angle. This morning however, I can’t help but share, probably because the whole time I read it, I kept shaking my head wondering what CMS would do with this one. Even more surprising that the suit being filed at all against the decedent’s estate rather than Amtrak was the fact that the appellate court over turned the lower court and ruled in plaintiff’s favor, finding that the accident was foreseeable and that the decedent did in fact owe her a duty of care. Now here’s where you go huh: the injury is shoulder strain and leg and wrist fractures sustained as a result of being struck from behind by the remnants of man unintentionally struck 100 feet away by an Amtrak train traveling 73mph [wonder if there’s a new ICD-10 code for that?]. Do you think the duty was to not be struck by the oncoming train or to have a plan for containing one’s body parts just in case struck by an oncoming train? I’m guessing the Illinois appellate court doesn’t remember first year torts…

Like I said, not what you usually come to our blog for, but kind of like a train wreck, sometimes you just can’t help but look: