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- <text id=90TT0119>
- <title>
- Jan. 15, 1990: American Notes:California
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Jan. 15, 1990 Antarctica
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 33
- American Notes
- CALIFORNIA
- Demise of a Novel Theory
- </hdr>
- <body>
- <p> In September 1987 protester S. Brian Willson lost both legs
- and suffered a fractured skull when a munitions train he was
- trying to block at the Navy's weapons station in Concord,
- Calif., plowed into an antiwar rally. Some witnesses stated
- that the train's three-man crew had increased its speed as it
- neared the demonstrators to scare them off the tracks. Yet the
- crew members, claiming they had suffered mental anguish because
- of the incident, filed a suit for damages against Willson and
- his wife.
- </p>
- <p> Last week federal Judge Robert Peckham dismissed the crew's
- suit, tartly noting that despite the "novel legal theory" put
- forth by their attorneys, it was clear the couple had no
- intention of being injured by the train. Said Willson's
- attorney, Thomas Steel: "The decision has laid to rest the idea
- that a person who is run over can be sued for causing distress
- to the person that runs over him."
- </p>
-
- </body>
- </article>
- </text>
-
-