Does this seem crazy to you, too? by 1kiki

REAL WORLD EVENT DISCUSSIONS

Does this seem crazy to you, too?

POSTED BY: 1KIKI
UPDATED: Monday, July 15, 2013 08:32
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Thursday, July 11, 2013 4:39 AM

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

OK - this is in Canada. But a large railroad corporation is suing the mother of a man who died in a car/ train accident that he (by report) caused.

What legal authority allows a parent to be sued for the actions of their adult children? Yes, she's the executor, but does that make her personally liable? I thought North America wasn't India, where generations are responsible for the debts incurred by others.

Any explanations available from anyone?

Mom sued by rail company after son killed in collision

Published: July 11, 2013 at 9:48 AM

GLENCOE, Ontario, July 11 (UPI) -- A Canadian mother whose son was killed in a collision with a train two years ago says she's being sued for damages by the railroad.

Sharon Jobson, of Glencoe, Ontario, was served with the $500,000 lawsuit from CN Rail Tuesday, the Toronto Star reported.

She has until July 29, the two-year anniversary of the collision that killed her son, John, who was 22 at the time, to respond to the suit.

On July 29, 2011, the young man was driving when he collided with a Via train at a track crossing near Glencoe. He was airlifted to a hospital where he died six days later.

Six people on the train, which was carrying 116 passengers, suffered minor injuries and the locomotive and all four coaches derailed, said a Transportation Safety Board report on the incident released last year.

The lawsuit alleged that Jobson was "wholly responsible" for all damages, including track repair and the "bottleneck of rail traffic" caused by the crash. The lawsuit cites the TSB investigation that found the young man had not stopped at a stop sign near the track.

"He created a situation of danger ... [and] had a history of failing to stop at this crossing," the lawsuit said. Jobson's mother was named as the defendant in the suit because she, as his executor, is his legal representative.

"I think everyone thought it was a good ending to a tragic story. This is just really a shock to everyone," Sharon Jobson said. She said she is waiting for her lawyer to return from vacation next week to decide what her next move will be.

CN Rail spokesperson Mark Hallman said: "As the matter is subject to litigation, CN has no comment."

Read more: http://www.upi.com/Top_News/World-News/2013/07/11/Mom-sued-by-rail-com
pany-after-son-killed-in-collision/UPI-79761373550521/#ixzz2YkOTF9Lf

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Thursday, July 11, 2013 5:56 AM

NIKI2

Gettin' old, but still a hippie at heart...

Not just crazy, but totally insane, disgusting and unconscionable! SHE's already "paid" for anything the son did, and it's HIS responsibility, has nothing to do with his survivors.

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Thursday, July 11, 2013 6:09 AM

NEWOLDBROWNCOAT

It is an interesting question.

Here's a quote from the article you posted:

Quote:

Jobson's mother was named as the defendant in the suit because she, as his executor, is his legal representative.

The young man's estate might be liable for damages, just as it would be for a debt he would owe. If they are suing the estate, and naming her as executor, they would, I think, be on sound legal ground. Sound ethical, moral ground, not so much.

If they are IN FACT, suing her, and expecting her to pay up out of her own pocket, that just ain't right.

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Monday, July 15, 2013 6:36 AM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

Hey, thanks all for your replies.

They SEEM to be suing her personally ...

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Monday, July 15, 2013 8:24 AM

DEVERSE

Hey, Ive been in a firefight before! Well, I was in a fire. Actually, I was fired from a fry-cook opportunity.

The CN lawsuit was filed against John Jobson’s estate and his mother Sharon was served because she is the executor of her son’s estate.

You cannot sue an individual who is dead in Canada, but you can sue their estate.

If John had survived, CN would have sued him, but under the vehicle insurance in John’s name. John was required by law to carry a minimum of $200,000.00 liability insurance in case he was at fault for running into someone or something with his vehicle, to cover the cost of repair or compensation. Most people in Ontario carry at least one million liability insurance.
John died before CN could file a claim against him under the mandatory insurance policy John would have had on his vehicle, so their only recourse is to sue his estate.

Whether they are successful or not remains to be seen.

I don’t see anything insensitive in this at all as it is just business and it happens all the time.
If it can be shown John was at fault and caused damage, why should CN be on the hook for repairs when the law requires both CN and John to carry insurance in the event they are at fault and cause damage to someone else’s property?

Again, the lawsuit is a claim and must be proven in court and if CN is succesful then the payment comes from John's insurance and whatever remains of his estate, not from his Mom.

Oh let the sun beat down upon my face;
With stars to fill my dream;
I am a traveler of both time and space;
To be where I have been

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Monday, July 15, 2013 8:32 AM

1KIKI

Goodbye, kind world (George Monbiot) - In common with all those generations which have contemplated catastrophe, we appear to be incapable of understanding what confronts us.

That makes sense ... I looked like CN was suing her personally, and not merely as the representative of the estate. Which seemed very peculiar.

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