National RR Passenger Corp. v. Everton by Everton

I dissent. Everton knew he was taking a medication that would not tolerate alcohol. Yet, he purposely ingested several alcoholic drinks. His drunken conduct on the Amtrak train from Chicago to Indianapolis was so intolerable that he was taken off the train by the Crawfordsville Police Department. Ev-erton was arrested and charged with public intoxication and intoxication on a common carrier. While in the sole custody of the Crawfordsville authorities, Everton fell several times while in his jail cell and injured himself.

The trial court denied Amtrak's motion for judgment on the pleadings. In…