Guest #26 November 25, 2002 Quote Yeah, I hope she has a really good reason, but it sounds like she doesn't which is a shame. I would have hoped for better but you never know. Since I don't know anything else I will reserve judgement but you are right if there is no legit reason and it's hard to imagine one. On the basis of the article, it doesn't sound like there's much of a case, but remember, there are several factors at play here: 1. The woman's shyster can evoke all kinds of horrified emotional responses from the whuffo jury. What does the defense have? Individual responsibility? What's that?! 2. Even if Sunpath ends up getting it dismissed, they've still had to hire their own shyster and spend a lot of valuable time and money defending themselves. In this case, the best defense is a strong offense. No reason why SunPath can't countersue (that can work, just ask Michael Hawkes of Skydive Las Vegas. He ruined those jerks that tried to sue him. He lost a lot of money, but he got them. SunPath would have little to lose via this tactic, except that a jury might frown on it despite a judges' admonition to ignore the information...). One would hope that during the discovery portion of this complaint against Sunpath, expert testimony can show how irresponsible this person was. This would go a long way to heading off a big bonanza for her and her shyster. Trouble is, juries are the lowest common denominator; those too stupid to get themselves excused. We can safely conclude that skydiving is mainstream now. Oh how I wish tort reform would get here!"The mouse does not know life until it is in the mouth of the cat." Quote Share this post Link to post Share on other sites
KawiZX900 0 #27 November 25, 2002 is that guy really suing the organization he'd like to work within, for, part of the team, wow what a can do attitude......... Accelerate hard to get them looking, then slam on the fronts and rollright beside the car, hanging the back wheel at eye level for a few seconds. Guaranteed reaction- Dave Sonsky Quote Share this post Link to post Share on other sites
billvon 2,435 #28 November 25, 2002 >Are you referring to a specific event here . . .? Fortunately, no. Fatalities on big-way record attempts are unfortunately somewhat common now. Sometimes they have something to do with the dive (i.e. Sandy Wambach's death) sometimes they don't (i.e. Shannon Embry.) Sometimes they are peripherally involved, like the jumper killed during an entanglement on landing during the Nevada state record attempt base practice jump. I forget his name. Injuries are even more common. I've been hit pretty hard on big-ways, and I could see how someone might claim "Joe Organizer put someone with 100 jumps on a 60 way, and due to his stupidity, I'm paralyzed now!" As is usually the case, they will tend to go after the money. If you're a dirt poor organizer, you're probably safe - they'll go after the deeper pockets of the DZO or gear manufacturer. But if you're well off? Own your own business? Are also the DZO? They may just come after you. Again, ten years ago I never would have considered it - only first jump students sued when they got hurt. Now that's not true any more. Quote Share this post Link to post Share on other sites
billvon 2,435 #29 November 25, 2002 >is that guy really suing the organization he'd like to work within, for, part of the team, Fortunately, our votes, rather than a lawsuit, will determine who's elected. Quote Share this post Link to post Share on other sites
trilete312 0 #30 November 26, 2002 Quote1. The woman's shyster can evoke all kinds of horrified emotional responses from the whuffo jury. What does the defense have? Individual responsibility? What's that?! This is the case where that whole Jury of your Peers should come into play. She is a skydiver, jury should be skydivers :) That would solve alot of the problem. Just imagine a jury of skydivers... The lawyer would be showing video of malfunctions and the jury would be reaching for their cutaway handles....----------- Ready, Set, Gooooooo Quote Share this post Link to post Share on other sites
fasterfaller 0 #31 November 26, 2002 Get out the tar and feathers Quote Share this post Link to post Share on other sites
lawrocket 3 #32 November 26, 2002 If any of you want to read a court case, and a fantastic (and easy to read) and common sense opinion about things called "assumption of risk" and "ultrahazardous activities" go to this link. [/url]http://caselaw.lp.findlaw.com/scripts/callawft.pl?CiRestriction=Hulsey+v.+Elsinore Once on the link, click on the Hulsey v. Elsinore Parachute Center link. You'll have to register, but it's free, and I've never been spammed by these guys. It'll show you that there are some judges and attorneys out there who use common sense, as well. Not all dirtbag shysters are bad. Just the vast majority of us are bad. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Lolie 0 #33 November 26, 2002 clicky link Gawd, I'm a post whore. -Miranda you shall above all things be glad and young / For if you're young,whatever life you wear it will become you;and if you are glad / whatever's living will yourself become. Quote Share this post Link to post Share on other sites
ernokaikkonen 0 #34 November 26, 2002 No no, making clicky links is a good thing, not PWing. Responding to your post with this post is PWing...I can't believe someone is suing after a Cypres-save. She should be happy she's alive and take up bowling. [loathing-icon][despicing-icon] Quote Share this post Link to post Share on other sites
Sinkster 0 #35 November 26, 2002 Agreed. I thought better about this person than that but I don't know her real well so I guess I was wrong. (still her friend though, but upset and saddened) Does anyone have any more details? I mean... what could she possibly sue over? Quote Share this post Link to post Share on other sites
QuickDraw 0 #36 November 26, 2002 Quote what could she possibly sue over? Clean linen ? -- Hope you don't die. -- I'm fucking winning Quote Share this post Link to post Share on other sites