Father sues Metra on behalf of unborn baby

As reported in the Chicago Sun-Times

October 21, 2005

BY STEVE PATTERSON Staff Reporter

Pelsa Agnew doesn't know whether his unborn baby is a boy or a girl or whether it was hurt at all in last month's Metra train derailment.
But as the mother lies hospitalized with brain injuries from that crash -- and the fetus continues to grow inside of her -- Agnew has filed a personal-injury lawsuit against Metra on behalf of the unborn child.

One legal expert said it was a "bizarre" suit filed in Cook County Circuit Court, as it seeks damages for someone who isn't yet born and
might not even be injured.

But attorney Michael Cogan said his lawsuit is "about protecting the child's interests."

"What injuries has the child suffered? Hopefully, none," he said. "But we know the child is at risk, and we know there are lots of lawsuits being filed and lots of things being done that could affect this child's cause of action should it be born with any kind of injuries."

Agnew isn't married to Renea Poppel, who is carrying the fetus, and his relationship with her parents is strained, Cogan said.

Poppel, with brain injuries, has been sedated at Northwestern Memorial Hospital since the Sept. 17 crash, which killed two people.

And Poppel's parents are among the dozens who have filed suit against Metra since the crash.

Suit 'may be premature'

Their attorney, Dan Kotin, said he hopes "we can all work together toward taking care of this family."

Cogan said much of his case will depend on whether a judge finds if the fetus, about 20 weeks old, can be considered "viable."

DePaul University law Professor Bruce Ottley said that while wrongful-death cases have been filed on behalf of "viable" fetuses killed in car accidents, "until the child is born, I don't know what kind of injury you can claim," adding "it seems sort of bizarre to do now."

John Marshall Law School Professor Michael Polelle said the suit "may be premature," as "the child is not even a legal person yet."

Agnew and Poppel lived together in Midlothian with their 3-year-old son and, having dated seven years, were planning a wedding this year, Cogan said.

With a suit already filed on her behalf, Cogan said, Agnew is looking out for their unborn child's interests.

"If the child does have an injury," he said, "its rights will have been protected."