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Lawsuits Inc...

qjakal

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Inspired by a comment Strel made regarding the quantity of lawsuits that are being brought these days:

As a longstanding part of his lecture on "assault and battery," University of Virginia torts professor Kenneth Abraham said he gently taps the shoulder of a student at random in his class to illustrate the principle that even negligible unwanted contact can be costly if the victim is uniquely vulnerable in ways that no one could have expected. Indeed, Abraham did not know that a student he tapped recently, Marta Sanchez, had been raped a while back and that the tap apparently triggered fear and stress. In March, Sanchez filed a $35,000 lawsuit against Abraham, claiming that the tap constituted assault and battery. [Associated Press, 3-26-02]
 
ah yes we have these too....

they are called "Thin skull" cases.
 
I think I'll go to the nearest McDonalds drivethru now...........
 
What are you worried about, red? I saw a report of a lawsuit in the UK against McDonalds, for causing people to burn themselves by serving tea HOT. Imagine that! The judge dismissed it though. He said that tea is SUPPOSED to be hot, and everybody knows that and is responsible for taking suitable precautions. IMO, he should also have sentenced the plaintiffs and their lawyers to a flogging for wasting the court's time. Can't have everything, I guess...

Strelnikov
 
Ah, Memories....

Several years ago during the peak of Mardi Gras traffice, I was in a car wreck. A man slammed his truck into the side of my car. He was drunk, speeding and had run a red light, thus hitting me. I happened to get my pregnant butt out of my mangled car and poked him in the chest using a variety of swear words...lol

That was the last I heard of him until 6 months later, he SUED ME!!! He actually got a lawyer to take his case....which he promptly lost, but what in the HELL are some people thinking? Where do they find lawyers so fragile of brain cell that they take these cases??? I never laughed so hard in my life!

Jo
 
There are so many lawyers in the US that they have to invent suits to make a living.

How is this idea for slowing down the number of suits....Loser pays all legal bills for both parties?
 
The Stella Awads

Q, thought you'd enjoy these..lol
Joby




Hard to believe....Stella Awards

Most of the country has heard of the Darwin Awards given annually to the individuals who do the most for mankind by removing themselves
from the gene pool. Now, we have the Stella Awards given to the
individuals who win the most frivolous lawsuits ever. The Stella Awards
are named in honor of 81 year-old Stella Liebeck, the woman who won $2.9 million for spilling a cup of McDonald's coffee on herself. The
following are candidates for the award:

1. January 2000: Kathleen Robertson of Austin, Texas, was awarded
$780,000 by a jury of her peers after breaking her ankle, tripping over a toddler who was running amuck inside a furniture store. The owners of the store were understandably surprised at the verdict, considering that the misbehaving little fellow was Ms. Robertson's son.

2. June 1998: 19 year-old Carl Truman of Los Angeles won $74,000 and
medical expenses when his neighbor ran over his hand with a Honda
Accord. Mr.Truman apparently didn't notice there was someone at the
wheel of the car when he was trying to steal his neighbor's hubcaps.

3. October, 1998: Terrence Dickson of Bristol, Pa., was leaving a
house he had just finished robbing by way of the garage. He was not able to get the garage door to go up, because the automatic door opener was malfunctioning. He couldn't re-enter the house because the door
connecting the house and garage locked when he pulled it shut. The family was on vacation. Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found in the garage and a large bag of dry dog food. Mr. Dickson sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the tune of a half million dollars.

4. October 1999: Jerry Williams of Little Rock Arkansas was awarded
$14,500 and medical expenses after being bitten on the buttocks
by his next door neighbor's beagle. The dog was on a chain in its
owner's fenced-in yard at the time. Mr. Williams was also in the fenced-in yard. The award was less than sought because the jury felt the dog may have been provoked by Mr.Williams who, at the time, was repeatedly shooting it with a pellet gun.

5. December 1997: A Philadelphia restaurant was ordered to pay Amber
Carson of Lancaster, Pa., $113,500 after she slipped on a soft drink and broke her coccyx. The beverage was on the floor because Ms. Carson threw it at her boy-friend 30 seconds earlier during an argument.

6. December 1997: Kara Walton of Clamont, DE., successfully sued the
owner of a night club when she fell from the bathroom window to the
floor and knocked out her two front teeth. This occurred while Ms.
Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

And people wonder why our court system is so crowded, why their
insurance rates are going up..up..up. Who is really responsible.
 
Sigh...

Why do we tolerate this crap? I swear, the next time one of these pops up in this neck of the woods, I'm going to actually DO something about the judge that allows this sort of crap to pass through his/her courtroom without squashing it...perhaps if enough people pitch a bitch, it'll send the message to the legal system that this is unacceptable. We've managed to legislate common sense out of the process....ridiculous. Q
 
Kaziah Hancock gave 67 acres of her farm in Utah to the True and Living Church Of Jesus Christ of Saints of the Last Days. In return the church founder, Jim Harmston, said she would one day meet Jesus in the flesh. When the Messiah failed to show up, she sued for breach of contract and emotional distress and won $270,000 in damages.

Bournmouth Daily Echo Jan. 30, 2002; Guardian Editor Feb. 9, 2002
 
One in a row!

You'd think there would be follow up stories of many of these decisions being overturned on appeal...I refuse to believe we've gone this far down the road to chaos... :sowrong: Q
 
Sure, those are facts, but they don't diminish the fact that it was a ridiculous lawsuit.

Drive-through windows are intended as a "pickup" for food to be consumed somewhere other than the restaurant. The food is not intended to be consumed while driving down the street.*Contrary to what most people do.* Most sane folks would think that you don't eat food that is immediately set befiore you. Even small children know to wait until something cools first..lol What idiot would sit in a restaurant and place boiling hot coffee in her lap in order to open a lid? The fact that she chose to make a BAD decision in the car is her own business..lol She should have waitied until she had a table or other flat surface on which to set the cup before she opened it.

I agree her injuries were horrible...but they were her own damn fault! As Q would say, have we gotten so ridiculous that we defend the stupid stupid stupid people on the planet? GRRRRRR

$.02
Jo
 
Coffee....

Actually, that suit doesn't bother me nearly as much as the ones that were brought by someone in the process of committing a crime...the MacDonalds case served to correct a dangerous practice throughout the food industry, Pepsi-Co, my one time employer, also had this "holding temp for QA purposes...I remember violating it constantly in the areas/districts I managed. We (mid management) KNEW it was a bad policy, but during inspections we complied. The remainder of the time we ran at around 150 degrees. Granted, it wasn't clever to open your coffee that way, but it shouldn't be THAT destructive either. This case took on "mythical" properties due to the fame of one of the parties involved...the suit with the woman tripping over her own out of control child is far more bizarre in its nature...if anyone has the full story on THAT type of case, I'd be fascinated by the logic, or lack thereof involved! Q
 
mcdonalds should have sued the woman for stupidity! the son should have been sued, and his auto ins. company should have paid.
my god, it's astounding that anyone over the age of 5 would put a container of hot liquid between their knees, and then squeeze the container, and remove the lid! if she wanted creamer, and sugar, she or her son should have gone inside and made the order!
i have no sympathy for the old dummy.
steve
 
Coffee

Coffee should'nt be served at a temperature where it will scald people, period.
 
I still think the British judge had it right. The first time I bought coffee at Mickey-D, it scorched a layer of hide off my tongue. Since then, I go inside to buy coffee, and always put some ice in the cup before I fill it. My mother raised no foolish children - I learn from my mistakes.

Strelnikov
 
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