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gutshotdraw

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This just in....

In an extremely rare sighting, a Judge with common sense has been spotted in a North Carolina courtroom. Legal analysts say there may yet be hope for the U.S. civil justice system.



From AvWeb:

Stowaway Suit Dismissed


A North Carolina judge has dismissed a lawsuit filed by the family of a 16-year-old boy whose body was found in Boston after it is presumed he fell from the wheel well of a US Airways flight that was landing there. The mangled body of Delvonte Tisdale, of Charlotte, was found Nov. 15, 2010, on the approach path to Logan Airport a day after he was last seen at home in Charlotte. It's theorized that he got over the airport fence and managed to sneak into the aircraft wheel well before the A320 took off on its non-stop to Boston. According to The Associated Press, Tisdale's family sued the City of Charlotte, the airline and the airport alleging, among other things, that the defendants didn't do enough to warn Tisdale of the danger of "boarding a plane as a passenger in the wheel well of an airplane."

Judge Hugh Lewis said Tisdale was responsible for his own actions and the defendants couldn't be held responsible for his breaching security. The plaintiffs' lawyer Chris Chesnut said the lawsuit was filed to "get answers" about Tisdale's death and the judge's decision means the family's questions will go unanswered. "They're blaming Tisdale for his own death and no one knows how he got on the plane," Chestnut said. City of Charlotte lawyer Bob Hagemann offered condolences but said the decision was correct in that the city should not be held responsible for Tisdale's ill-advised travel choice.





"Ill-advised travel choice..." :rolleyes:

The Darwin Award Winner for 2010.
 

Flying Illini

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This just in....

In an extremely rare sighting, a Judge with common sense has been spotted in a North Carolina courtroom. Legal analysts say there may yet be hope for the U.S. civil justice system.



From AvWeb:

Stowaway Suit Dismissed


A North Carolina judge has dismissed a lawsuit filed by the family of a 16-year-old boy whose body was found in Boston after it is presumed he fell from the wheel well of a US Airways flight that was landing there. The mangled body of Delvonte Tisdale, of Charlotte, was found Nov. 15, 2010, on the approach path to Logan Airport a day after he was last seen at home in Charlotte. It's theorized that he got over the airport fence and managed to sneak into the aircraft wheel well before the A320 took off on its non-stop to Boston. According to The Associated Press, Tisdale's family sued the City of Charlotte, the airline and the airport alleging, among other things, that the defendants didn't do enough to warn Tisdale of the danger of "boarding a plane as a passenger in the wheel well of an airplane."

Judge Hugh Lewis said Tisdale was responsible for his own actions and the defendants couldn't be held responsible for his breaching security. The plaintiffs' lawyer Chris Chesnut said the lawsuit was filed to "get answers" about Tisdale's death and the judge's decision means the family's questions will go unanswered. "They're blaming Tisdale for his own death and no one knows how he got on the plane," Chestnut said. City of Charlotte lawyer Bob Hagemann offered condolences but said the decision was correct in that the city should not be held responsible for Tisdale's ill-advised travel choice.





"Ill-advised travel choice..." :rolleyes:

The Darwin Award Winner for 2010.
Good, I wish there were more like this judge.
 

AntiJedi

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"They're blaming Tisdale for his own death and no one knows how he got on the plane," Chestnut said.
Common sense would suggest that he breached the airport security boundary, then jumped onto the wheel bogey.

It's not like the airport/airline FORCED him to do that. Alas, common sense isn't so common anymore, but at least it goes to show that ignorance doesn't always win in court.
 

Flying Illini

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Common sense would suggest that he breached the airport security boundary, then jumped onto the wheel bogey.

It's not like the airport/airline FORCED him to do that. Alas, common sense isn't so common anymore, but at least it goes to show that ignorance doesn't always win in court.
Right, he had to break at least one law before he killed himself, therefore there should be no case for what he did after he committed the crime.
 

hammer2

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You people are heartless! A child died, his family should be compensated somehow...personal responsibility or actions should not be a deciding factor!
 

AntiJedi

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You people are heartless! A child died, his family should be compensated somehow...personal responsibility or actions should not be a deciding factor!
Yes, a child died, but it was a child that was MORE than old enough to know better. We're not talking about a 5-year-old here; If he was old enough to drive a car, he was more than capable of assessing his own life choices.
 

Flying Illini

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Yes, a child died, but it was a child that was MORE than old enough to know better. We're not talking about a 5-year-old here; If he was old enough to drive a car, he was more than capable of assessing his own life choices.
I believe Hammer was being sarcastic.
 

Grandpa +65

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The plaintiffs' lawyer Chris Chesnut said the lawsuit was filed to "get answers" about Tisdale's death ........Yes the answer that the family is looking for is $$$$$$$$$$$$$....
 

GogglesPisano

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enough
And some people still deny human evolution.
 

Draginass

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The judge should have passed a judgement against the parents. They should be held responsible for not adequately supervising their child. They should have to pay the airline damages and lawyer's fees.

The parents were just trying to profit off the death of their son. How sick is that.
 

xjhawk

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You people are heartless! A child died, his family should be compensated somehow...personal responsibility or actions should not be a deciding factor!
I hope you are kidding. If you are not. Write a check to the kids parents. No one is stopping you from doing that-just do not force us to do it as that would set a legal precedent for everyone to be responsible for idiotic behavior. The kid is dead, thats too bad. But he was an idiot.
 

gutshotdraw

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More Breaking News!

In another shocking display of legal common sense, a NY State Supreme Court justice has b!itch$lapped Mayor Michael Bloomberg's soda ban. Legal analysts had no comment because they are too awestruck by back to back rulings that would have been issued by any layman with a SHRED of common sense....

From the Wall Street Journal

http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html



Now, if we could just get these judges promoted to the US Supreme Court, this country might have a chance.
 

gutshotdraw

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And yes, xjhawk, hammer2 was kidding...
 

LearLove

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It's theorized that he got over the airport fence and managed to sneak into the aircraft wheel well before the A320 took off on its non-stop to Boston. According to The Associated Press, Tisdale's family sued the City of Charlotte, the airline and the airport alleging, among other things, that the defendants didn't do enough to warn Tisdale of the danger of "boarding a plane as a passenger in the wheel well of an airplane."
So we have the seat belt demo for the idiots that don't know how to buckle up. Now we will have to have the gate agent give a demo prior to boarding (not that he boarded from the terminal) about what a 3000 psi hydraulic system will do to you after climbing into a wheel well. Wonder what that skit will look like?

I believe it was a 737 not an AB. He landed in Milton so I guess they were landing 4R in BOS - Milton, MA = Miltt 6.9 DME on the ils 4R. If they were landing 27 the kid would have been in the ocean.

Thanks to this kid the TSA now harasses the crap out of rampies in CLT about their ID's. They pulled one from the tug the other day as we were calling for push. Anyone see the signs they posted on the inside of the jetway doors in CLT? Bet it's a direct response to this incident.
 
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IBNAV8R

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Why not go after the organization charged with transportation security. If the Too Stupid for Arby's people can't be accountable for doing the task for which they are charged, they need to go bye bye - with extreme prejudice.
 

waveflyer

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To give this post more credibility- this liberal guy says thank god- and agreed common sense is too often absent in courts-
 

retired guy

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If this kid survived the gear retraction, he froze to death before he died from a lack of O2.
 
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