[DET63]

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CHICAGO (STMW) -- A woman is suing Metra claiming the contents of a toilet "exploded" and splattered her as she rode a Joliet-bound train.

Julianna Mandernach filed the suit Thursday in Cook County Circuit Court against the Northeast Illinois Regional Commuter Railroad Corp. and Metra, claiming the Jan. 29, 2009, incident left her with injuries of a “personal and pecuniary nature.”

Mandernach boarded a Metra train on the Chicago-to-Joliet/Rock Island line as a passenger. She used a toilet on the train, and upon flushing, the contents exploded out and "splattered" her, the suit claims.

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[jimhudson]

DET63, on Sat, Jan 30, 2010, 02:35 PM, said:

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CHICAGO (STMW) -- A woman is suing Metra claiming the contents of a toilet "exploded" and splattered her as she rode a Joliet-bound train.

Julianna Mandernach filed the suit Thursday in Cook County Circuit Court against the Northeast Illinois Regional Commuter Railroad Corp. and Metra, claiming the Jan. 29, 2009, incident left her with injuries of a “personal and pecuniary nature.”

Mandernach boarded a Metra train on the Chicago-to-Joliet/Rock Island line as a passenger. She used a toilet on the train, and upon flushing, the contents exploded out and "splattered" her, the suit claims.

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Guess they didnt teach her to close the lid before flushing! Are the Chicago ambulance chasers that desperate for business, sounds like a settlement case to me for sure! Do we have to watch out for the dangerous toilets in CHI?

This post has been edited by jimhudson: 30 January 2010 - 06:03 PM

[amtrakwolverine]

and shes waited a year to sue. must have took her that long to find a lawyer who could stop laughing.

[the_traveler]

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The suit alleges Metra permitted Mandernach and other passengers to use the toilet when they should have known it was not working properly. Metra should have repaired and replace the toilet, and also failed to barricade, rope or block off the toilet from public use.

It would seem to me that if the toilet was so broken that they should have a barricade, rope or otherwise blocked it off, someone else may have used it in the past year (and who knows how long before she used it)! So if it was so broken, why did it only happen to her?

[MrFSS]

amtrakwolverine, on Sat, Jan 30, 2010, 06:34 PM, said:

and shes waited a year to sue. must have took her that long to find a lawyer who could stop laughing.

Just because they waited a year to bring a tort action doesn't mean they weren't talking and trying to settle from almost day one. Having retired from the claim business I can say that usually, not always, the parties try to resolve short of a lawsuit. If that doesn't work, then the suit is brought in court. Since it didn't settle and a suit was filed may be an indication it isn't much of a claim, or the demand is ridiculously high.

[tp49]

MrFSS, on Sat, Jan 30, 2010, 04:11 PM, said:

amtrakwolverine, on Sat, Jan 30, 2010, 06:34 PM, said:

and shes waited a year to sue. must have took her that long to find a lawyer who could stop laughing.

Just because they waited a year to bring a tort action doesn't mean they weren't talking and trying to settle from almost day one. Having retired from the claim business I can say that usually, not always, the parties try to resolve short of a lawsuit. If that doesn't work, then the suit is brought in court. Since it didn't settle and a suit was filed may be an indication it isn't much of a claim, or the demand is ridiculously high.

Agree with what you say with the addition that litigation is very expensive settlement is generally the best option.

Though I'd hate to be the clerk who would have to tag Plaintiff's Exhibit "A" the excrement covered suit.

[AlanB]

tp49, on Sat, Jan 30, 2010, 08:21 PM, said:

Though I'd hate to be the clerk who would have to tag Plaintiff's Exhibit "A" the excrement covered suit.

[Green Maned Lion]

Dear god, either take the s.h.i.t. or get off the pot. I mean... Its a public toilet. I don't go into one expecting to remain clean. Who does?