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first of its kind autoerotic asphyxiation accident pays off.......horrayyy new york judges!!


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first of its kind autoerotic asphyxiation accident pays... - 9/1/2004 5:42:18 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
A man who died while strangling himself for sexual gratification didn't mean to take his life in his own hands, a federal appeals court ruled.

In a 2-1 decision, the Second Circuit Court of Appeals found David Critchlow's mother is entitled to death benefits because her son didn't mean to injure himself while engaging in autoerotic asphyxiation, The New York Law Journal reported yesterday.

The ruling is believed to be the first of its kind.

Critchlow, 32, died in 1999 after placing a noose around his neck to restrict the amount of oxygen flowing to his brain in order to enhance his sexual pleasure.

"He retired to his locked bedroom in his parents' empty house, disrobed completely and attached an intricate, homemade harness consisting of ropes, weights and counterweights leading to a noose around his neck," the judges' earlier decision found.

He'd had a number of "escape mechanisms" attached to the apparatus, but they apparently didn't work or weren't used when Critchlow became lightheaded.



Insurance company First Unum had denied Critchlow's mother Shirley's request for benefits, finding his death was the result of an intentional "self-inflicted injury."

Shirley Critchlow filed suit, claiming the injury wasn't intentional because her son had committed the bizarre practice for years without incident. Her suit was dismissed by a federal court judge — a ruling upheld by the Second Circuit Court of Appeals in a 2-1 decision last year.

"That decedent had engaged in this very activity on prior occasions without apparently serious or permanent adverse consequences does not mean that the activity did not injure him, nor does the fact that he did not intend to die make the injury any less intentional," Judge Ellsworth Van Graafeiland wrote at the time, noting that an estimated 2,000 people a year die from autoerotic asphyxiation.

In a rare move, the court reversed itself this week, when one of the three appeals judges, Barrington Parker Jr., changed his mind.

The new decision said the mom should get benefits because Critchlow's death "was subjectively unexpected and unintended" and there's no evidence "autoerotic asphyxiation, if practiced without accident, constitutes an injury rather than simply producing a temporary lightheadedness that the practitioner believes will increase his sexual gratification."

In his dissent, Van Graafeiland said they got it right the first time.

"Until someone whose opinion I respect honestly informs me that as a general proposition, he or she would not hesitate to undergo a session of autoerotic asphyxiation through strangulation, I will not change my mind," he wrote.

http://www.nypost.com/news/regionalnews/26800.htm
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RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 8:41:37 AM   
leatherbrat


Posts: 16
Joined: 7/25/2004
Status: offline
The title of this thread is appalling. I am disgusted that the moderators would allow it to be posted with such a title. There is no joy or "pay-off" in the death of a community member.

leatherbrat aka Susan Olivia

(in reply to MistressDREAD)
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RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 9:11:21 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
uMMM DUHHH
Im a Sadist and some
things hit Me differntly
then for you. I posted
this because it is a victory
that Our Lifestyle ways
are actually being
given value in the courts.
Learn to read better into
what others say brat.
you seem to need a lesson
in tolerance BIG TIME.
Im sure no Mod will be
removing this informitive
information. JMO.

(in reply to leatherbrat)
Profile   Post #: 3
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 9:24:53 AM   
gitta


Posts: 110
Joined: 7/20/2004
Status: offline
MistressDread,

You are indeed a sadist and that is grand....Your choice of words and timing suck however.
My son (27) died Saturday, asphyxiation being one of the causes (yes he was in this life). Glad for Your victory..personally i can not see where this change in the law will ever bring him back, or make his death any easier.
i am well aware you have every right to speak your mind, this is fine with me, just think there are better ways to say things...Yes this is a victory for the community, we need all the victories we can win...even when it means losing.

_____________________________

smiles,
gitta

(in reply to MistressDREAD)
Profile   Post #: 4
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 9:28:18 AM   
darkinshadows


Posts: 4145
Joined: 6/2/2004
From: UK
Status: offline
Dread... I do not think that the article you have posted is negative at all... but I do believe that tact would be more appropriate. I am well aware that you have no cares for what people think of you and I applaud you for your strength... but as positive a step as this decision in law is... the fact is that one could put across this 'victory' with a more caring approach, and being aware that a person has died, and that there are people who visit these boards that this will effect emotionally. I understand you may have no cares about how people view your forwardness, but at least be understanding of peoples emotions.

Yours respectfully...


_____________________________


.dark.




...i surrender to gravity and the unknown...

(in reply to MistressDREAD)
Profile   Post #: 5
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 9:48:38 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
I have loss no less then anyone else.
I have My Own way of viewing death.
My Tact is just that Mine and I see nothing
wrong in My way of presentation.
I do not feel sad that this person died
this is true because I know they did so
doing preciesly what they wanted to.
What better way to die then by doing
what you enjoy?
Was it traumantic to his mother?
No doubt but with in her trama
she had to endure a insurance company
telling her that her son died at his
own hands just so they dident have
to pay her off when it was a accident.
You wish to call Me kurt and unfeeling
because I state the facts?
Look at the real Ass Holes here.
I think its a victory she was payed off
and by the Judges no less!! And Ill
hip hip horraaaaaaaay it into the ground!JMO

(in reply to darkinshadows)
Profile   Post #: 6
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 10:02:01 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline

Sorry gitta for your loss however
I also hope that if your son died
by accident you will have the
luxury of filing your insurance
papers with out any insidence
from the companys because
a Judge in NEW YORK gave
the courts a ruling to go after
that can gain you your sons
insurance pay off so He can
be buried, and no nothing can
bring anyone back from death
but imagine not only having to
lose a loved one but having to
fight to gain the moneys to bury
them as well from a insurance
company because they wanted
to deem the accident suicide so
they dident have to pay off.
This information was for bringing
Lifestyles up in their hopes for
a better freedom and future not
bring em down as the three of
you have done with your judgments
of Me instead of addressing the post.
JMO As I said befor learn to look at
what the important thing is. Dont look
at the messenger but the message.
This post is about a Lifestyle victory
as well as the sad death of a lifestyler.
Im not gonna change who I am because
My words dont sit well with sum.

(in reply to MistressDREAD)
Profile   Post #: 7
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 11:36:21 AM   
leatherbrat


Posts: 16
Joined: 7/25/2004
Status: offline
I did not suggest that the information nor the post be removed. There is nothing to be "read into" what I wrote. The title is cold and callous. Common decency and a concern for the grief of others has nothing to do with being sadist. To use "sadism" as an excuse for tactlessness is indeed a sorry thing. I said nothing about the messenger, either. I said quite clearly: the title is offensive - "tolerance" is irrelevant. How difficult is it to consider your audience? Not only is it simple, it is essential. Forgive yourself and correct your ways, rather than going on an attack and furthering your offensive ways.

leatherbrat aka Susan Olivia

(in reply to MistressDREAD)
Profile   Post #: 8
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 12:19:25 PM   
proudsub


Posts: 6142
Joined: 1/31/2004
From: Washington
Status: offline
quote:

My son (27) died Saturday, asphyxiation being one of the causes


I'm so sorry for your loss gitta.

_____________________________

proudsub

"Without goals you become what you were. With goals you become what you wish." .

"You are entitled to your own opinions but not your own facts"--Alan Greenspan


(in reply to gitta)
Profile   Post #: 9
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 12:53:01 PM   
SentForu


Posts: 303
Joined: 3/23/2004
From: Middle Tennessee
Status: offline
quote:

My son (27) died Saturday, asphyxiation being one of the causes (yes he was in this life).


gitta,
I'm so so sorry for your loss. If there is anything I can do to help, feel free to ask.

_____________________________

Myra

(in reply to gitta)
Profile   Post #: 10
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 12:55:29 PM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
My ways nor words are offencive to Me.
I am quite callos and cold at tiimes as
I see the time needs it. Welcome to My
world. I have no need for tact in order
to post what I see nor do I have to
react to it in the way you wish for Me to.

quote:

How difficult is it to consider your audience? Not only is it simple, it is essential. Forgive yourself and correct your ways,


I do not post thinking about an audience.
I post what has interest to Me and I feel
will interest others period and make
statements about what I read according
to how I read it and how it hits Me. I do
not see the world thru your eyes.The only
thing essential is for you to stop trying to
make Me into what I am not. I have
nothing to forgive for who I am nor is
there any thing to correct. My post is just
that My Post and information. You dont
like it click that little red hand to the bottom
left corner and youll not see My posts any
more to be discusted at. JMO!

(in reply to proudsub)
Profile   Post #: 11
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 1:01:31 PM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
and actually leatherBRAT
your words did suggest My
post be removed or have
you allready forgot what
you wrote:
quote:

I am disgusted that the moderators would allow it to be posted

(in reply to MistressDREAD)
Profile   Post #: 12
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 1:15:34 PM   
leatherbrat


Posts: 16
Joined: 7/25/2004
Status: offline
"The title of this thread is appalling. I am disgusted that the moderators would allow it to be posted with such a title." With the TITLE dear, the TITLE.

leatherbrat aka Susan Olivia

(in reply to MistressDREAD)
Profile   Post #: 13
RE: first of its kind autoerotic asphyxiation accident ... - 9/1/2004 1:43:02 PM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
the title IS part of the post leatherBRAT
and Im Not your dear.

(in reply to leatherbrat)
Profile   Post #: 14
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