Posted on 11/03/2004 9:50:35 AM PST by Mister Sophisticate
A Circuit Court judge dismissed an insurance claim made by the life partner of a Jackson man who died after hanging himself through an unusual sexual practice.
In doing so, though, Circuit Judge Chad Schmucker said Tuesday Robert C. Whitman Jr. probably didn't intend to kill himself, but his actions put him in a precarious position.
Whitman, 58, a member of the Jackson Human Relations Commission, was found dead in his Jackson basement Aug. 15, 2003. A medical examiner ruled the former Ann Arbor radio producer and on-air personality died due to "autoerotic asphyxiation."
The dangerous practice involves cutting off the airway while masturbating. The subsequent lack of oxygen supposedly heightens pleasure.
In this case, Whitman's experience turned fatal when the stool he was standing on broke. As a result, he couldn't reach the key to the padlock fastening the chain around his neck.
Monumental Life Insurance Co., the victim's insurance company denied the $200,000 claim because it said the death wasn't accidental.
"He wasn't intending to injure himself," said James Iafrate, attorney representing the victim's life partner, Lawrence Book, in the insurance claim. "He was intending to pleasure himself."
Iafrate declined to comment afterward.
The attorney cited a state Supreme Court case, which said "subjective intent" has to be weighed when ruling whether a person's actions causing death are accidental or intentional.
The insurance company's attorney argued Whitman put himself in a precarious position, which included his performing the act while no one else was home.
"It's like someone playing Russian Roulette and taking a chance the bullet won't come out of the chamber," said Richard Paige, attorney for Monumental Life. "We did not sign up for that."
Paige also declined comment afterward.
The judge refused to buy the plaintiff's argument that Whitman's actions had no bearing on the tragic outcome.
"It may have been to sexually pleasure himself, but no question when you intentionally cut off the airway and asphyxiate yourself, you are intentionally causing injury," Schmucker said.
Non election ping!
A padlock?! Why, back in my day, we used rope! Not some fancy padlock!
Just kidding. Holy Diptard of the Century award to this guy.
Gah. And people refuse to recognize the existence of Darwinism...
Jeesh! Talk about "chokin' the chicken"
Kinda chokes you up, doesn't hit? I think I'll hang around this thread to see where it goes.
Bravo! I'd hate to take my chances with Judge Schmucker...might be a hanging judge!
Rope? You could afford rope? We had to use vines, and we were damned glad to get them, let me tell you.
I used my HANDS!
Jackson, MI has a Human Relations Commission? How big is this town. Good to see Property taxes being put to such a fine use.
Well, it's all well and good if you HAVE hands.
I, uh, borrowed them. No, wait! I had to hang myself by my CHIN!
Well, we were so poor we had to beg for pennies, save up enough to hire the village idiot to tie vines around our necks because we had to hock our chins and hands to pay for grandma's operation.
Nothing like a little gallows humor...
Probably not eligible for a Darwin Award cause he's a friggin homo butt pirate, but damn close to it.
I suppose this guy's motto should have been "no noose is good noose."
And had to walk three miles uphill to school each day, BOTH directions!
While being choked!
Gasp!
Proof-positive that God does still send judgments -
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