Fri, Oct 21st, 2005 | 10:03am |
Bananas!
"What injuries has the child suffered? Hopefully, none," he said. "But we know the child is at risk, and we know there are lots of lawsuits being filed and lots of things being done that could affect this child's cause of action should it be born with any kind of injuries." That is why a man is filing a lawsuit against Metra over the recent train derailment, according to the
Chicago Sun-Times.
One legal expert said it was a "bizarre" suit filed in Cook County Circuit Court, as it seeks damages for someone who isn't yet born and might not even be injured.
DePaul University law Professor Bruce Ottley said that while wrongful-death cases have been filed on behalf of "viable" fetuses killed in car accidents, "until the child is born, I don't know what kind of injury you can claim," adding "it seems sort of bizarre to do now."
John Marshall Law School Professor Michael Polelle said the suit "may be premature," as "the child is not even a legal person yet."