13-year old boy vandalizes railroad property, gets hit by train. Family sues.

[Arcademan]

Link to article (http://www.nydailynews.com/front/story/486520p-409531c.html)

Boy's kin blame LIRR
Plan to sue, says friend
BY JOHN LAUINGER and ADAM LISBERG
DAILY NEWS WRITERS

The grieving family of a 13-year-old Queens boy struck and killed by a commuter train blamed the Long Island Rail Road yesterday for his death, saying it should have done more to block access to the tracks.

Ari Kraft was spray-painting graffiti on signal equipment with friends at 5:40 p.m. Friday when he dashed across LIRR tracks near his Rego Park home Friday night, sources said.

He narrowly beat an oncoming train on the third of four tracks he had to cross, but that train blocked his view of another train approaching on the fourth track, sources said.

"My son was the most wonderful kid in the world," his father, Roger Kraft, a computer programmer, said yesterday. "I just want to be left alone to mourn my son."

Family friend and attorney Daniella Levi said the family plans to sue the MTA, the LIRR and New York City once it finishes sitting shiva for the boy.

"It's a terrible loss and tragedy, a loss that should have been prevented had the railroad safeguarded the track," Levi said. "He had a lot of dreams and hopes, like any other teenager. We want to make sure that no other family goes through something like this."

LIRR spokeswoman Susan McGowan said the railroad was still investigating how Ari got onto the tracks. She said the railroad tries to block access to its 700 miles of tracks.

Ari was an eighth-grader at Solomon Schechter School of Queens, where his Israeli-born mother, Yaffa Simantov, works as a secretary.

"It's the biggest tragedy there could be," Ari's neighbor Zima Fridman, 42, said of the boy's death. "I couldn't sleep at all last night."

Ari hoped to attend The Bronx High School of Science or Stuyvesant High School this fall. He used the graffiti tag "Kos" and may have taken pictures of his work just before he died, sources said. MTA police recovered a cell phone at the scene and were checking if it had pictures by Ari or his friends.

Friends said Ari was heading home for Sabbath dinner when he was killed. MTA Police Chief Kevin McConville said trains typically run slightly slower than the 40 mph speed limit on that stretch of track.

"Our heart goes out to the family, and to the engineer, who's very upset by this," he said. "The engineer did everything in his power to try to avoid it."

[Kaoru]

Dumbass shouldn't of been there in the first place.

[Arcademan]

So...bottom line, the kid was trespassing on rail property performing an illegal act of graffiti, gets smacked by a train in a place he had absolutely no business being at and his parents want to sue the train company?!!

Only in America folks...only in America...

[Aratos]

His father's a computer programmer. Ever heard of a programmer who actually has a connection with reality? No neither've I.

Reminds me of the fellow who sued British Rail when a train broke his arm. Aparently the fact that he'd jumped in front of the train to commit suicide was irrelevant...

[YamPuff]

Yeah, but still, the railroad should have a safegaurd.

[Aratos]

who says it didn't?

[YamPuff]

a loss that should have been prevented had the railroad safeguarded the track
I sorta thought that meant...

[Aratos]

Note the fact a lawyer said it? Since when've you believed anything a lawyer says?

[YamPuff]

If there is a safegaurd he's not going to say there isn't one. That's just stupidity.

[Aratos]

He'll probably claim theone that exists isn't good enough.

[YamPuff]

Oh, ok. More power to him.

[TonightMidnight]

The little boy should've just stayed home. It really is his fault...

[Jacku]

My son was the most wonderful kid in the world.

^ Says the father of a vandalizing kid.

[TonightMidnight]

My son was the most wonderful kid in the world.

^ Says the father of a vandalizing kid.

Um. Yeah. Exactly.

People are so full of crap. And brain dead. No one bothers to "make sense" anymore.

[SweetNymph]

Well, obviously the safeguard wasn't good enough, if a 13 year old could get passed it.

But then, it's called a safeguard so people don't accidentally stumble onto the tracks. They aren't meant to be like a jailhouse barrier. That kid deliberately put himself in danger for a thrill, and went through the barrier put there as a warning to do so.

Sheesh, this sounds like something you'd see in a cartoon or comic strip.

[Iblis]

The owners of the restaurant across the street from my work were sued once when a man tried to get in through the grease chute (vent?) and fell and broke his neck. Apparently this was a valid claim by his family.

Good thing the kid died; he should get an entry to the Darwin Awards.

[jupiter23]

Dumbass shouldn't of been there in the first place.

I couldn't agree more. And at the age of 13, he should have known better than to go near railroad tracks at all.

The line that got me though: "My son was the most wonderful kid in the world," his father, Roger Kraft, a computer programmer, said yesterday.

I don't blame the engineer for this one bit, though. Trains just can't stop on a dime, and if some stupid kid had suddenly run out in front of him, then it was kind of inevitable that he would get hit.

[nikitia]

you know that reminds me of a guy i went to school with...he got hit by a go train

[TonightMidnight]

I bet the family's last name is "Douchebag."

[Aratos]

The line that got me though: "My son was the most wonderful kid in the world," his father, Roger Kraft, a computer programmer, said yesterday..

I repeat: one of the first qualifications for being a computer programmer is having no real attachment to the reality everyone else lives in.

Or was that computer scientists?

[YamPuff]

13 year olds do stupid things, people. Maybe he was a great kid. He was just spraypainting railroad tracks. He didn't deserve to die for it. I think the parents have every right to sue, if only to prevent something like this from happening again.

[densukemifune]

So...bottom line, the kid was trespassing on rail property performing an illegal act of graffiti, gets smacked by a train in a place he had absolutely no business being at and his parents want to sue the train company?!!

Only in America folks...only in America...

Cry me a %#$@&% river. The dumbass knew better and his parents can't accept the fact that theirprecious baby got killed because he was being an idiot.

[YamPuff]

When that happens to your kid, come and repeat those same lines I dare you.

[Arcademan]

Bottom line: the kid was somewhere he knew he shouldn't be. It's like playing on a busy street. No matter what precautions exist, if you intend to do something, you're going to do it no matter what. I feel very bad for the parents for the loss of their son but suing the railroad company won't work. Sorrry.

[YamPuff]

If a woman can sue McDonalds for spilling coffee on herself (and win), than they have every right to sue the railroad company for lack of safegaurds. I am rarely on the suing side, but in this case, I see their point. It should not be so easy to get on railroad tracks.

[Aratos]

YamPuff, where I live the railway tracks have have steep hills on both sides, with fences topped with barbed wire at the top of the hills. Yet people still cross.

[Iblis]

13 year olds do stupid things, people. Maybe he was a great kid. He was just spraypainting railroad tracks. He didn't deserve to die for it. I think the parents have every right to sue, if only to prevent something like this from happening again.

Just as suing isn't going to prevent someone at McDonald's from spilling coffee on themselves, suing over this isn't going to prevent someone from getting on those train tracks if they want to be there for whatever reason.

And you know, it's not like the train hit him while he was graffiti'ing. He wasn't smart enough to wait until the trains passed before trying to cross the tracks.

[Aratos]

Y'know, you have a point. Really is a shame they don't let children win Darwins.

It's like playing chicken, just with trains instead of cars. You go put yourself in a dangerous situation then either you're an idiot or you're so badly educated in absic safety that your parents and everyone involved in your education should be taken out and shot.

[FujikageDaiki]

I've been on the LIRR many times before. I don't feel safe going on it again. There are soooo many problems with the MTA and the LIRR right now. They had a druken girl fall through a space between the train and docking. A baby was found dead under a bench there. They aren't doing to well. Plus, a few years ago, the MTA was sued because the station where you get off from Long Island to New York City, the workers and maintenance crew were constantly drunk on the job. Also: Long Island and New York City have the largest intake of energy in the U.S., and many blame it on the RR.

[Nekochii]

If a woman can sue McDonalds for spilling coffee on herself (and win), than they have every right to sue the railroad company for lack of safegaurds. I am rarely on the suing side, but in this case, I see their point. It should not be so easy to get on railroad tracks.
Hmm, I once spilled a hot cup of Tim Hortons tea on my leg. CHA-CHING!!! *calls her lawyer*

[Aratos]

no dice, matey. Since the ridiculous mcdonalds incident it's standard to put warnings on drinks saying "this contains hot water".

And what in the seven hells do MTA and LIRR mean? Too many acronyms around here.

[FujikageDaiki]

MTA: Metropolitan Transit Authority

LIRR: Long Island Railroad. Long Island is the fish shaped island that is connected to New York. It's not too bad there. Mainly suburbs. Relatives live there.

[Aratos]

*nods as if understanding*

[YamPuff]

MTA: Metropolitan Transit Authority

LIRR: Long Island Railroad. Long Island is the fish shaped island that is connected to New York. It's not too bad there. Mainly suburbs. Relatives live there.
Ooh! Ooh! I have relatives there too!

Do I get a cookie now!!!???

[Honey]

Ooh! Ooh! I have relatives there too!

Do I get a cookie now!!!???


yes *hands cookie*

the kid is a retard. I mean seriously, I did stupid things at 13 too, but I never put my life on the line for some cheap thrills...his parents should understand that it was his fault, but I guess I could understand how being upset could cloud their judgement somewhat...

[YamPuff]

but I guess I could understand how being upset could cloud their judgement somewhat...
Yes, exactly.

Oh well, its a crazy world anyway.

[jupiter23]

Bottom line: the kid was somewhere he knew he shouldn't be. It's like playing on a busy street. No matter what precautions exist, if you intend to do something, you're going to do it no matter what. I feel very bad for the parents for the loss of their son but suing the railroad company won't work. Sorrry.

I agree, and I hope they lose their case. I don't see how their son could have not known that doing something like that wouldn't have gotten him killed. That's something they teach kids in kindergarten now. Granted, it's still unfortunate that he died, but even he should have known that he shouldn't have been there at all.

[FujikageDaiki]

Cookies are overrated. How about a high five instead?

[TonightMidnight]

If a woman can sue McDonalds for spilling coffee on herself (and win), than they have every right to sue the railroad company for lack of safegaurds. I am rarely on the suing side, but in this case, I see their point. It should not be so easy to get on railroad tracks.

The woman didn't have the right to sue...since she spilled the coffee on herself...but the justice system...is warped. I mean...coffee is always hot. That's why you should be careful with it. Common knowledge. I know accidents happen, but in that case the only one the woman should've blamed was herself. I bet she would've been the first customer to complain if the coffee was cold...

And not only do kids do stupid things- adults do stupid things too. People are stupid.

The parents really have no right to sue. It's a waste of time, money, and effort to hire people to guard random railroad tracks like Fort Knox because some stupid kid faced the consequences of his actions.

[densukemifune]

When that happens to your kid, come and repeat those same lines I dare you.

I will admit, I was being harsh. I'll say this: I am sorry the kid died, but common sense
dictates that spray painting railroad tracks is not only vandalism but a bad idea.

I do not have children and will never have children.I don't dislike kids,but while some find contentment in raising a family, it's not for me.

If I had children, and this happened, I would of course grieve, but I'd also know that
it was my child's foolishness that caused their death.

[Snubsnub]

This 13 year olds parents have no right to sue. It was indeed the kids fault that he was there, he was UNSUPERVISED which is some part parents fault, and no one can blame a train station. Come on, that is pathetic.

I can see how his parents are grieving over him, that does not mean that you go and sue your ass off and be greedy to think you got revenge on what they did when its not fully their fault. I can see how sad they would be, but.. sueing?

[RamaNoodle21]

they're mad, whe it's their sons flippin fault he got hit, he shouldn't have been doing that, because a)don't garfetti and b)if you do vandlize don't do it on a railroad track, go spray paint a building or something.
It take a train almost a mile to come to a compelte stop, there's no way the guy running the train could have done anything

[TonightMidnight]

And even if there were more guards on the tracks- some people are just determined to do bad.

[roxas87]

dumb kid its his fault.

[zekana]

dumb kid its his fault.
excactly!

[YamPuff]

Enough name calling on the kid, ok? I'd like to see you dismiss it so quickly if it were your kid that died.

And even if there were more guards on the tracks- some people are just determined to do bad.
I know that, but it doesn't mean that there shouldn't be more gaurds or rails. I mean, having police men doesn't stop crime absolutely from happening but we still have them. Just like having extra security may not prevent people entirely but it could save a few lives.

Besides the fact that the kid wasn't being so bad. He snuck in a place and did some spray painting. Kids do stupid things. Parents cannot possibly supervise their kids 24 hours a day. Dangerous places should be blocked off so that kids can't get in so easily.

If they can make that place safer they should.

[Aratos]

Besides the fact that the kid wasn't being so bad. He snuck in a place and did some spray painting.

Around here we call that "wanton vandalism", and it gets you a criminal record.

[FluffyKitsune]

I think it is really sad, but sueing won't bring the kid back.

It was an accident and they happen all the time, that will never change no matter how careful people are. (IMO of course)

[Case]

I think it is really sad, but sueing won't bring the kid back.

It will if you get enough cash for a bit of cryogenics.

[FluffyKitsune]

It will if you get enough cash for a bit of cryogenics.

You're a sick guy/girl Case! :p

[Case]

It's a viable option. Chop the head off, freeze it, wait for the technology to get a new body. It's the future.

[TonightMidnight]

Enough name calling on the kid, ok? I'd like to see you dismiss it so quickly if it were your kid that died.


I know that, but it doesn't mean that there shouldn't be more gaurds or rails. I mean, having police men doesn't stop crime absolutely from happening but we still have them. Just like having extra security may not prevent people entirely but it could save a few lives.

Besides the fact that the kid wasn't being so bad. He snuck in a place and did some spray painting. Kids do stupid things. Parents cannot possibly supervise their kids 24 hours a day. Dangerous places should be blocked off so that kids can't get in so easily.

If they can make that place safer they should.

If that kid lived in my area, and got caught, he would've had to do time. What he did wasn't ho-hum cute mischief. It was a criminal offense and I'm sure he knew better. At 13 I knew better.

I'm not blaming the parents. I'm blaming the kid. 13 is the beginnings of young adulthood.

[YamPuff]

Maybe in the eyes of the law its a big thing, but to a 13 year old a bit of spray paint seems harmless. Thirteen year olds dont always have the best judegement, and boys can be especially imature (no offense :p).

[Aratos]

I dunno. I mean, in the UK we have TV adverts warning you not to trespass on railway lines. And posters. And £1000 fines.

[RamaNoodle21]

yeah arund here it's hard to not get caught, if you were caught you'd be in juvie for quite some time, this isn't like California(I used to live there so i know this) where spray painting train cars makes it more enjoyable to watch, where I live now, if you do that God so help you...