Parents sue company over death of ISU student

rfgdxm · 10-22-2004, 03:28 PM

http://www.amestrib.com/site/news.cfm?BRD=...3&PAG=461&rfi=9

Parents sue company over death of ISU student

By Jason Kristufek October 22, 2004

Student died from accidental overdose in 2002

The parents of an Iowa State University student who died in his dorm room of an accidental drug overdose have filed a wrongful death lawsuit against a North Dakota chemical company.

Michael and Diana Babicz of Illinois filed the lawsuit in Story County District Court earlier this month.

They claim the company sold their son a potentially dangerous chemical via the Internet knowing the sale was for human consumption.

Attempts to reach LTK Research Products by phone and via the Internet were unsuccessful.

According to state medical examiner records, Michael V. Babicz, 22, died in October, 2002, from an accidental dextromethorphan overdose. He was found in his Friley Hall dorm room.

Court records say dextromethorphan is commonly found in cough medicine and can be ingested as a recreational drug to produce hallucinations similar to LSD or the drug ecstasy.

The lawsuit claims the company sold dextromethorphan under the guise that it was selling to legitimate researchers.

According to records, Michael V. Babicz purchased dextromethorphan powder on Sept. 9, 2002, from the Web site of LTK Research Products of Minot, N.D. On Oct. 10, his body was discovered.

Michael V. Babicz was a senior and was expected to graduate with a degree in management information systems.

The lawsuit names six individuals and two other California chemical companies. No one has yet responded to the lawsuit.

Des Moines attorney Roxanne Conlin is representing the Babicz family.

**silent voice of seduction** · 10-22-2004, 04:37 PM

Duh... is this even worth commenting? The same story seems to happen over and over again. I'm sad for that guy and his parents. But I hope they don't win the lawsuit and the finding will be so clearly worded that nobody ever tries to sue for this kind of thing again.

Assuming the powder they sent was pure (so he died from a DXM overdose, not from impurities), how can they be held accountable? If the customer is too stupid to measure a gram of powder, there's nobody to blame except him.

Well, I was too stupid to handle powder too (you might have read my report...), but I don't go and sue the dealer.

rfgdxm · 10-22-2004, 05:06 PM

Quote:

Originally posted by Feldwebel Pfeffer@Oct 22 2004, 04:37 PM
Duh... is this even worth commenting? The same story seems to happen over and over again. I'm sad for that guy and his parents. But I hope they don't win the lawsuit and the finding will be so clearly worded that nobody ever tries to sue for this kind of thing again.

IANAL, but it looks to me that their lawyer is clueless. This was filed in a state court, yet the DXM was sold in interstate commerce. This suit should be in federal court. I also wonder in any case about the ability to collect on any judgement. Are the owners of LTK that rich?

And unless Babicz told LTK he was going to use the DXM to get high, how could they know how he intended to use it? He could have been a "legitimate researcher" for all they knew.

Paralysis · 10-22-2004, 05:19 PM

I think the agreements they have posted when you agree to the order, will hold them unaccountable for his actions.

**vapor** · 10-22-2004, 06:05 PM

Quote:

Attempts to reach LTK Research Products by phone and via the Internet were unsuccessful.

LTK has been around for a long time now, and have been sued more than once. The guy took these chemicals, if he didnt know their dangers, or how to properly use them then he is a victim of his ignorance.

You shouldnt sue companies when a persons ignorance is to blame. And the chemicals were sold for research purposes, not for human consumption, therefore by ingesting the chemical the guy violated the terms of his purchase.

**libel** · 10-22-2004, 06:16 PM

ltk is a crock of shit. lazy trip killers. killers now in the ultimate sense

fucking resellers man, ffs.

**silent voice of seduction** · 10-22-2004, 06:21 PM

Quote:

Originally posted by lucidistortions@Oct 22 2004, 05:16 PM
ltk is a crock of shit. lazy trip killers. killers now in the ultimate sense

fucking resellers man, ffs.

uhm, what's their fault? do they send out mislabeled stuff?

toshiro · 10-23-2004, 11:46 PM

This is a classic case of:
"McDonalds made me fat! Give me 800million dollars!"

c3pt0r · 10-24-2004, 10:25 AM

Quote:

Originally posted by toshiro@Oct 23 2004, 10:46 PM
This is a classic case of:
"McDonalds made me fat! Give me 800million dollars!"

lol w0rd

i bought wood from lowes and i cute myself, im seuing!

-c3pt0r-

rfgdxm · 10-26-2004, 10:59 AM

Quote:

Originally posted by vapor@Oct 22 2004, 06:05 PM
You shouldnt sue companies when a persons ignorance is to blame. And the chemicals were sold for research purposes, not for human consumption, therefore by ingesting the chemical the guy violated the terms of his purchase.

It should be noted here not only was he an adult, he was a college student. The report says he died in his dorm room. What college today doesn't have computers with Internet access available for students to use? If he was ignorant about DXM, he was *willfully* ignorant, as he could have easily found and read the DXM FAQ, etc. Of course it is possible that he did read the FAQ, and was just totally reckless with his drug abuse. Why should others be blamed for the willful ignorance or recklessness of others? If you read I died tomorrow after drinking a gallon of vodka, would you say "poor old rfgdxm was a victim of those dealers at the liquor store", or "Gee, rfgdxm was a total fool. Once again, Darwin was right"? The latter I would suspect.