Gothamist: Family Blames 13 Year Old's Death on LIRR

pogo

Fri, 12 Jan 2007 07:37:37 -0500

fda, you are a moron. The "jew move" comment was obviously a joke and signed by "Al Sharpton". it may not be funny to you but i thought it was funny in a bad taste way. as far as anti-semitism goes, i'm surprised that's the only comment we got.

1-800-lawyer

Wed, 10 Jan 2007 13:00:27 -0500

stupid move, yes, but how about giving it some perspective and think of how all those lawyers rang the family's phone of the hook demanding that they sue and that it would be a sure thing. unfortunately, those crooked lawyers may be correct..... chances are the mta may settle out of court for a large amount of money just to not deal with the hassle and possible negative publicity (despite what most are saying here).

nikki

Wed, 10 Jan 2007 12:29:04 -0500

as the family lives in rego park then they are well aware of how fast the trains travel that stretch. the boy was not thinking and unfortuntately tragedy ensued. but it's not the LIRR's fault.

fda

Wed, 10 Jan 2007 00:55:26 -0500

The responses to this column are disgusting and further exemplify the anti-Semitism that still exists in parts of America. Let's look at some noteworthy examples: "Why is no one surprised? what a jew move!" -Person who calls himself Al Sharpton (although he probably would say something like that). To the person who wrote this, you're an unintelligent, misguided individual. "Wow, sabbaths and lawsuits. They go together. The parents should be the ones sued - those orthos are all inbred." -Lew Hey Lew-You're a despicable person. Your equivalency between Sabbath and lawsuits is backward. Furthermore, your claim about "orthos" being inbred makes you sound like an ignorant fool. Honestly, Lew and "Al Sharpton." Get a life! A kid dies and all you can talk about is that he deserves it for being Jewish. When you die, I hope people bash you for being terrible people and prejudiced pigs.

schl

Tue, 09 Jan 2007 10:44:28 -0500

Wasn't three whole days. The incident happened on Friday evening. The news of "KIN TO SUE" appeared in Sunday's paper: http://www.nydailynews.com/01-07-2007/news/local/story/486382p-409531c.html Since it was a Sunday article, it was barely a day before family and "legal counsel" thought it would be a great idea to pursue legal recourse before sitting shiva. What disgusting and abhorable people. If this is not the intended action of the family, they should tell their "legal counsel" to have a nice tall glass of STFU.

anonymass

Mon, 08 Jan 2007 22:32:46 -0500

anonymass

Mon, 08 Jan 2007 22:22:33 -0500

Oh yes, Shirley, the family must be absolutely DEVASTATED. The fact that it took what - *three whole days* to come up with a way to profit from bad parenting/idiotic behavior on the part of their little angel hammers home your point. [Side note: Gothamist - please fix your second-rate comments engine once and for all or risk losing your audience.]

anonymass

Mon, 08 Jan 2007 22:20:24 -0500

Fernando

Mon, 08 Jan 2007 19:54:01 -0500

It may be painful to lose a family member... a pain I'm sure most of us have gone through... and no matter the facts, a 13-year kid dying is tragic (and I feel sorry for the family)... But the fact that this kid was performing an illegal act and trespassing on fenced-off property negates any sympathy a person may have for him. It's common sense not to trespass where "big, metallic monsters" could make you the bug on the car windshield. Damn, even I'm not that stupid, and I'm 17 years-old. I never understood why kids always do the most f**ked up sh*t in areas that are clearly dangerous. And, as always, when something like this happens, a lawsuit always appears. I swear to you that I was just dicussing this topic with my father (about an hour ago) and I told him that there was going to be a lawsuit. Presto! There it is! In all reality, I hate lawsuits like these that have no hard facts that could prove the innocence of the so-called "victim" (this goes hand-in-hand with the McDonald's lawsuit where a woman sued the fast-food chain because she burned herself with HOT COFFEE, even though it said on the cup, WARNING!! HOT!! Another example are the lawsuits against video gaming companies because of violence in video games, when the rating says M - MATURE 17+). The fact that this family is sueing because of the hole in the fence does not negate the fact that the child, by his own choice and actions, decided to illegally trespass onto the dangerous train tracks and destroyed private property.

nell

Mon, 08 Jan 2007 18:34:40 -0500

Shirley, I'm sure the family's devastated, but what they're doing is despicable. They're trying to pass the buck to the LIRR for their kid's actions. If the boy hadn't chosen to commit property damage or go where he wasn't supposed to be, he would still be alive. Period. It's not the LIRR's fault the kid decided to engage in a criminal act. It's not the LIRR's fault that the parents obviously failed to instill proper values in their son. I really hope the LIRR does countersue.

nell

Mon, 08 Jan 2007 18:27:55 -0500

Shirley, I'm sure the family is absolutely devastated right now. The fact remains that if the boy had not gone someplace he wasn't supposed to be, with the intention of causing property damage and performing a criminal act...he'd still be alive. It's not the LIRR's fault that this kid didn't do the right thing. It's not the LIRR's fault that the parents didn't instill the kid with proper values or respect. They want to pass the buck to the LIRR. I agree, I think the LIRR and every first responder should countersue for the trauma and damage this boy caused.

edEx

Mon, 08 Jan 2007 18:08:24 -0500

#42: "The family [suing] the LIRR is nothing compared to what they have just lost." You're right. It's nothing compared. So how about the family of the boy take some f*cking responsibility and not sue the MTA. -- Unrelated note: remember Columbine? Well, after that horrific tragedy the parents, the school and the the counselors went out and banned trench coats. Wow! That'll fix the problem. That was the problem? Trench coats? No of course not it wasn't, but it was easier than the parents of the killers and the parents of the "jocks and motorheads" to admit direct responsibility for the deaths of their innocent neighbors/classmates. F*ckin' trench coats. -- The parents of this child are hurting no doubt, but suing the MTA, will surely not ease their pain nor bring their child back— Perhaps they should first admit their guilt of bad parenting and then try to figure out a plan to help the peers of their son. I do have sympathy, because losing a family member sucks, but I do not have teh sort of sympathy that condones greed and anger with a twist of suing. We can only hope the judge(s) throw this suit out.

no sympathy

Mon, 08 Jan 2007 16:07:40 -0500

oh, but shirley, it is happening to us. they are wasting our straphanger dollars with their stupid greed and lack of responsibility. surely it's a tragedy for them, but that has nothing to do with LIRR. they'd get plenty of sympathy if they weren't trying to capitalize on it.

Shirley

Mon, 08 Jan 2007 15:43:03 -0500

wow I cant believe the harsh comments on the site - I actually knew the boy personally and will say you no one here should judge anything from what they read in a newspaper article. The family sewing the LIRR is nothing compared to what they have just lost. And to the guy who missed "Several primetime shows" because of what happened, I hope something like this never happens to someone in your family.

edEx

Mon, 08 Jan 2007 14:57:10 -0500

I sued myself and won for not waking up to my alarm clock and consequently getting fired from my job at a watch repair shop... ah irony i love you dearly... good times.

Russ

Mon, 08 Jan 2007 14:49:28 -0500

Its a horrible tragedy that the kid is dead, but if the hole in the fence wasn't there, he would have found another way in to where the train tracks were to do his "art". This wasn't a lost child who stumbled into an area he didn't know well..He chose to walk into a dangerous area, with BIG SIGNS SAYING SO. Of course, all kids think nothing bad can happen to them...until a train hits them. Its a shame, but he made a huge mistake and it cost him his life. The MTA should counter sue the parents. They have no case.

anonymass

Mon, 08 Jan 2007 14:17:45 -0500

There must be an echo in here: http://www.gothamist.com/archives/2007/01/07/extra_extra_388.php#comment-893132

Bob Dole

Mon, 08 Jan 2007 13:45:20 -0500

the train driver should sue the family for the mental hell he's been put through. every first responder who arrived at the scene and put their lives at risk (I doubt anyone waited for 3rd rail power to be cut) to go maybe try and save this idiot should sue the family, + mental anguish of seeing his guts splattered all over the place. the city should sue them for the money it cost to respond. individual commuters should be able to sue the family for the upwards of 4 hour delays and loss of family time, dinner dates, etc. in my book, all of the above were victims of this idiot and should be compensated accordingly. while we're at it, there should be a law against lawyers bring frivilous suits after this. maybe if lawyers would lose their license for bringing this sort of shit they'd think twice.

Brightliner

Mon, 08 Jan 2007 13:01:43 -0500

The really funny part? One of the articles yesterday said the kid was hoping to attend Stuyvesant or Bronx Sci this fall. Yeah, I can tell he was a real rocket scientist. Hey, kid, here's some basic physics: Big, fast train + kid trespassing on tracks = big mess and long delays.

Dave H.

Mon, 08 Jan 2007 12:50:34 -0500

Paraphrasing Chris Farley in a personal injury lawyer commercial parody from way back when: "Sure, I was drunk as hell and that construction site was posted no trespassing, but is $2 million in compensatory damages really going to make up for me losing a tooth?"

Tim

Mon, 08 Jan 2007 12:48:31 -0500

It's not the LIRR's fault. He wasn't going to make it home in time for the Sabbath, so God struck him down.

Matthew Caldecutt

Mon, 08 Jan 2007 12:45:45 -0500

As a former resident of Rego Park (whose family still lives there), I'm sorry for this family's pain, but I am glad that the MTA will finally do something about the mess that is the overpass over 63rd Drive. Ever since the MTA ceased offering service to most of Queens' residents, the 63rd Drive overpass has frequently become an eyesore, graffiti covered and trash strewn.

another hater

Mon, 08 Jan 2007 11:43:34 -0500

I hope their frivolous suit gets thrown out of court, and I hope somebody sues THEM for neglecting to teach their child that painting graffit is illegal and his unlawful act had caused thousands of LIRR commuters money and time in getting home that night, and inconvenienced the LIRR's schedule and their workers. I have no sympathy for this greedy, self-absorbed family. They represent the worst of American values: sue everybody and blame everybody else for your own problems. I'm sick of losers like them giving America a black eye.

TagSabbath

Mon, 08 Jan 2007 11:42:18 -0500

If he was properly observing the Sabbath like the good little boy he was supposed to be. None of this would have happened. Tagging counts as work. Maybe it was Moses' fault. There was no decree of "thou shall not tag on the Sabbath". How was the kid to know what he was doing was stupid and illegal? Oh that's right... His parents should raise him properly with morals and values. Totally the MTA's fault. How dare they have those boring plain signal boxes fenced up and crying out to be tagged.

Isiah geldstein

Mon, 08 Jan 2007 11:38:30 -0500

oY veY! what a billik! Bubby! This family sure has chutzpah. The city is totally in the wrong because they need to be responsible for the jew children and if they are successful in winnng money you can bet My family will sue the city as well. In Drerd Mein Gelt!

Tom

Mon, 08 Jan 2007 11:31:19 -0500

And, with what I said in the first thread, they can die too now for all I care.

Dashing Danielle

Mon, 08 Jan 2007 11:21:05 -0500

Not to praise the LIRR -- god knows Penn Station was a bloody mess Friday night, and they're lucky nobody got shoved off the overcrowded subway tracks. (Their response was to tell thousands of commuters to hop a subway to Jamaica or Flatbush...but the 2/3 and E platforms can't handle all those people!) But if you're too damn stupid to teach your child that you + express rush hour train at 40mph = squish, well? Your kid's gonna go squish. Next time, not during rush hour, pls.

edEx

Mon, 08 Jan 2007 11:17:56 -0500

obviously the MTA supports the Palestinians. Damn the MTA! I hope the MTA/LIRR Counter sues for destruction of property, trespassing and vandalism all illedgal activity and especially on the sabbath...

emily

Mon, 08 Jan 2007 11:13:59 -0500

I don't know if anyone should be blamed for this kid's death, we all like to judge and say it's the parent's fault. i think they're nuts for trying to blame the LIRR in their grief but i what 'fishtale' said above really sums it up: "kid died based entirely on his own actions- walking onto a train track as a train is coming....end of story"

Marilyn

Mon, 08 Jan 2007 11:12:43 -0500

I'm sorry, but when is the MTA responsible for babysitting dumb parents kids? I'm so tired of parents not being held accountable for their shortcomings in raising their kids. They'll blame everyone but themselves.

jack oneil

Mon, 08 Jan 2007 11:08:27 -0500

Um, yeah, he wouldn't have climbed over the fence, clearly that would have been impossible.

Erin

Mon, 08 Jan 2007 11:01:35 -0500

How is the LIRR responsible? The kid deliberately broke the law and put himself in a dangerous spot He knew better, he was 13, not 5 years old. I don't get it.

g

Mon, 08 Jan 2007 10:46:44 -0500

stupid family = stupid kid.

Lew

Mon, 08 Jan 2007 10:32:39 -0500

Wow, sabbaths and lawsuits. They go together. The parents should be the ones sued - those orthos are all inbred.

Michael

Mon, 08 Jan 2007 10:32:35 -0500

"Hey jake is it sacriligious if we tag his headstone?" No, it's >>> art

Stephen

Mon, 08 Jan 2007 10:26:22 -0500

Yuck. It's awful when a child dies, a terrible loss, but if your child is defacing property and playing on train tracks, that's his fault and, to a lesser degree, the parent's fault. And the statement that the child would still be alive if it weren't for the gap is absurd. Those fences are not hard to climb and even if they were I carried around a pair of tin snips with me when I was up to no good at that age. Give me a break. This lawsuit is disgusting.

i_hate_dummies

Mon, 08 Jan 2007 10:09:32 -0500

If they file suit I swear I'm going to file a class-action lawsuit against them for neglecting their parental duties which caused undue stress and inconvenience. Hey jake is it sacriligious if we tag his headstone?

Sparky

Mon, 08 Jan 2007 10:06:19 -0500

Instead of assuming, like the rest of corporate America, that it would be bad publicity to fight such a ridiculous lawsuit, the MTA should realize that the overwhelming majority of the public would support their decision to do so. The MTA should deploy they best legal resources to not only fight the case, but countersue the family to recoup the legal fees incurred to do so. It is a sad situation, but let us not forget that it was one of personal irresponsibility and not one that the family should profit from. They should be ashamed of themselves ! I really do hope that someone of authority at the MTA heeds this call to set a precedent to stop frivilous lawsuits. Resist the unecessary temptation to settle just because you have insurance !

meL

Mon, 08 Jan 2007 10:03:21 -0500

Funny how negligence allows them to have the grounds to sue for something that was clearly not the LIRR's fault. Ah... to be a New Yorker where you can break the rules and still demand compensation for your "pain and suffering". I hope no judge rules in their favor. Your kid was an idiot. Don't blame society for not properly taking care of the child when you the parent is to blame for it all. And they say that being spanked is horribly wrong.

yess

Mon, 08 Jan 2007 10:02:23 -0500

He got what he deserved! One vandal is out permanently.

warren the great

Mon, 08 Jan 2007 09:57:32 -0500

thanks for bringing anti-semitism and racism into the conversation in a lame, unsuccessful attempt to be funny.

Al Sharpton

Mon, 08 Jan 2007 09:48:20 -0500

Why is no one surprised? what a jew move!

Cynic

Mon, 08 Jan 2007 09:46:40 -0500

Natural selection works again. Let's nominate this kid for the 2007 Darwin Award.

knot alone

Mon, 08 Jan 2007 09:36:12 -0500

He wasn't alone, according to the other gothamist post. Now if the kid crossed the tracks in order to get home for Sabbath, he may have my sympathy in court. But to vandalize property as the sole purpose of crossing the tracks and being on LIRR property, that's gonna be tough to convince me.

int21

Mon, 08 Jan 2007 09:35:20 -0500

I can remember from when I lived in Japan that if and when someone committed suicide by train or trespassed on rails and got hit and died (the latter of which rarely ever happened), the train company would bill the surviving family exorbitant fees for clean up and messing up peoples' commutes. I'm not suggesting that LIRR bill the family of the young man, but I think it's reckless to say he'd still be alive today if they're wasn't a hole in a fence. He knowingly trespassed LIRR tracks with the express purpose of defacing property with his graffiti. What he did was highly dangerous, and unless he had cognitive thinking deficiencies or mental retardation, he was fully capable of calculating the grave risks of such actions…Though is death is a tragic waste of human life, I would assume his family's case won't get anywhere in court.

fishtale

Mon, 08 Jan 2007 09:30:17 -0500

oh my god...i hope gothamist and the media continue to update this story as it goes on. if this isn't dismissed i will basically lose all faith in humanity. kid died based entirely on his own actions- walking onto a train track as a train is coming....end of story

Guy

Mon, 08 Jan 2007 09:25:42 -0500

First, it's a tragedy that a 13 year old kid is dead. No matter how you put it, that's pretty awful. Second, the family is (hopefully) obviously so blinded by grief that they're not thinking straight, which would be the only reason they're looking to sue the LIRR for holes in the fence. Third, I can't believe that a 13 year old kid was out there tagging alone. There's a good chance he was with a bunch of other dumb kids who ran as soon as they saw what happened.

janelle

Mon, 08 Jan 2007 09:22:27 -0500

graffiti, street art, and/or vandalism aside: he crossed the tracks, it's not the LIRR's fault, fence or no fence. it's called common sense.

Kim

Mon, 08 Jan 2007 09:13:22 -0500

It's called personal respsonsibility. The kid was 13.. more than old enough to know that graffiti is illegal and wrong and that doing it on the train tracks is dangerous and stupid. aside from that the kid is a moron. It's 5:30 at night on a friday i know what i will do go play on the tracks by forrest hills. i mean there is a gap in the fence that means it must be safe, right?! the minute i saw the story i knew the parents would blame the LIRR. Maybe they should have raised a smarter kid.

Kojak

Mon, 08 Jan 2007 09:13:04 -0500

Agreed Theory. I was on the train right before the one that hit the child, and I was delayed for almost two hours. They had to shut down the 3rd rail so the lights and AC went offline in a car full of people. So it got a little warm, also and it started to smell. Not to mention I missed several primetime TV shows. I Demand compensation.

justin

Mon, 08 Jan 2007 09:12:18 -0500

Way to point the finger elsewhere. Lets see, trespassing , vandalism and playing on the train tracks. Did you not teach your kid any better? As someone who was on the train who hit the kid, it was a pretty miserable experience.

theory

Mon, 08 Jan 2007 09:08:02 -0500

The LIRR should sue the parents for causing train delays by not properly supervising their child.

PJ

Mon, 08 Jan 2007 09:06:44 -0500

This family needs to wake up. No matter how hip and art, graffiti is actually illegal and entering trainyards to do it is both illegal and dangerous. Do the math and take responsibility for your children. Did they not know he was into this stuff? Please.

Kojak

Mon, 08 Jan 2007 09:03:50 -0500

"It there was no hole in the fence, [Roger Kraft's] son would be alive today.” Talk about a crock of shit. No. He would still be dead. And Do you know why? Because a simple fence CANNOT STOP A GRAFFITI VANDAL! Even if hes 13. Even if he cant get onto the tracks from there, he can jump on from the platform. If they pursue this case, they will loose miserably.

nicemarmot

Mon, 08 Jan 2007 09:03:38 -0500

I should've known they'd sue. Clearly, the brain-genes in this family aren't exactly the best.