Tort Law

Suicide Attempt Survivor's 39-Story Fall Destroys Muscle Car, But Owner Will Forgo Deductible Suit

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A man who unsuccessfully attempted to commit suicide by reportedly jumping some 400 feet from a New York building totaled the 2008 Dodge Charger on which he landed feet-first, breaking both legs as he plunged through the roof and rear window.

But in addition to miraculously surviving the approximately 39-story fall, Tom Magill, 22, has dodged another bullet, according to the New York Post—a potential lawsuit by the owners of the red muscle car.

Although it will cost him a $500 insurance deductible, “it’s a very small price to pay,” Guy McCormack, a 40-year-old construction worker who had borrowed the car that day from his wife, tells the newspaper. “”Geico said I could sue him … but I’m not going to do that. He has enough to worry about.”

The article doesn’t say whether Geico will similarly refrain from a subrogation claim against Magill or his insurance carrier, if any.

Meanwhile, a spokesman for Dodge was delighted that the Charger’s “high-strength steel structure” helped soften Magill’s estimated landing at 100-mph or so and wished him a speedy recovery.

The suicide attempt could potentially provide some memorable evidence for the auto manufacturer in any future Charger-related litigation, according to the Drive On blog of USA Today:

“It certainly must meet roof crush standards,” the newspaper notes.

Additional coverage:

New York Daily News: “Still no answers to why ‘happy, fun loving’ 22-year-old actor jumped from 39th floor of building”

Village Voice: “Dodge Charger Owner Bemoans Cruel Fate that Led Suicide Jumper to Land on Her Car”

Last updated at 2:30 p.m. Friday to fix a typo.

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