the unholy roleur sent me this link over the weekend along with some hilarious comments. i found it fairly interesting. i try very hard to say something when i pass people, and generally try to be polite as well. i went through a period where if i could see headphones on the person, i wouldn’t bother. counted it as wasted breath. i have since changed that, though it's unrelated to this story or something like it.
in the link above, i would note that it’s very nice to have a witness who corroborates your story. we all commute a lot and it has to be a rare event for something like this to happen. i think there are some interesting issues raised here. does a pedestrian who is unaware or unresponsive to their surroundings constitute a danger? would it rise to the standards of endangerment? one would be quick to assume a role for contributory negligence as well, though you never can be sure. i've contacted the small army of lawyers we keep on retainer to see if i can get a clear reading on this...