The Mudcat Café TM
Thread #67070   Message #1123167
Posted By: GUEST,Guest
25-Feb-04 - 12:08 AM
Thread Name: Sick Note/Bricklayer/ Proved!!
Subject: RE: Sick Note/Bricklayer/ Proved!!
I remembered a "peeing on the third rail" case in Chicago that I thought had appeared in the Darwin Awards
http://www.darwinawards.com/
but a search didn't turn it up. A GOOGLE search found this item.
Before this discussion goes much further, potential participants might want to check out the actual honest-to-God factual background of the case in question. The decision of the Illinois Supreme Court is available at _Lee v. Chicago Transit Authority,_ 152 Ill.2d 432, 605 N.E.2d 493 (1992). In that decision, the state Supreme Court *affirmed* a verdict in favor of the decedent's estate; the eventual award was $1.5 million plus $300,000 in accrued post-judgment interest. A couple of things should be pointed out at the beginning: The decedent was not killed because he urinated on the third rail. He crossed onto the property, *presumably* to urinate, and came into physical contact with the third rail. Furthermore, the jury found that the decedent was contributorily negligent, and found the CTA liable for only 50% of the plaintiff's damages.

Short account from the court opinion:

Plaintiff's decedent, Sang Yeul Lee (lee), a 46-year-old Korean immigrant who was unable to read English, attended a party on the evening of October 21, 1977. On his way home, Lee entered a CTA right-of-way at the intersection of Kedzie Avenue and the Ravenswood railway line in Chicago, apparently in order to urinate. The right-of-way was posted with signs, placed on a utility shed and on sawhorses at each side of the tracks, warning "Danger," "Keep Out," and "Electric Current." Parallel to the tracks and approximately 6-1/2 feet from the sidewalk lay a street-level third rail. The purpose of the rail, which carried 600 volts of electricity, was to supply power to trains as they passed through the street-level crossing. The CTA had laid uneven-edge boards, about six inches apart, called "jaws" on its right-of-way next to the sidewalk in order to make pedestrians aware that they were not meant to walk in that area. The uneven surface of the boards, also known as "cattle boards,"[1] makes it impossible for cattle and difficult for persons to walk atop them. The "jaws" at Kedzie Avenue extended between the end of the third rail and the sidewalk and were also placed on either side of the rail and between the tracks. Lee, whose blood-alcohol level of 0.341 placed him in the "stupor" classification of intoxication[2], made contact with the third rail and suffered fatal injuries. . . .