GQ_jumper 4 #1 December 29, 2012 Personally I think that this is pathetic and opportunistic. The school system should be willing to pay for the counseling for the survivors, and the victims' families. There should also be funds set up to help the families that lost parents with regards to income support. Somebody looking for $100M because they are traumatized by the events is ridiculous. It is a selfish move given that most states are in a fiscal crisis right now and doing this could very well cause reductions elsewhere in the state's budget that could damage other welfare programs or state employees. Our country is full of pathetic people. "I'm upset, make me rich and it will help me feel good".......disgusting. http://usnews.nbcnews.com/_news/2012/12/29/16233914-lawyer-for-newtown-shooting-survivor-seeks-to-file-100-million-lawsuit?liteHistory does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
Skyrad 0 #2 December 29, 2012 Every country has those who serve and those who just serve themselves.When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
kallend 1,620 #3 December 29, 2012 Quote Our country is full of pathetic people. "I'm upset, make me rich and it will help me feel good".......disgusting. Yep, I could feel pretty good on a whole lot less than $100 Million.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
Skyrad 0 #4 December 29, 2012 Just as well seeing as you work in education!When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
GQ_jumper 4 #5 December 29, 2012 QuoteQuote Our country is full of pathetic people. "I'm upset, make me rich and it will help me feel good".......disgusting. Yep, I could feel pretty good on a whole lot less than $100 Million. EXACTLY!!! I feel that our justice system has fostered a climate in this country where people feel that exorbitant amounts of money are a reasonable way to help deal with pain and suffering. Our system needs a major overhaul.History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
lawrocket 3 #6 December 29, 2012 QuoteQuote Our country is full of pathetic people. "I'm upset, make me rich and it will help me feel good".......disgusting. Yep, I could feel pretty good on a whole lot less than $100 Million. This shyster can't. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
GQ_jumper 4 #7 December 29, 2012 I have another brain burner for you guys. What the hell is everyone doing on this website on a Saturday instead of at the DZ??? History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
Skyrad 0 #8 December 29, 2012 Its pissing down and blowing a gale outside and its 2148Hrs where I am.When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
GQ_jumper 4 #9 December 29, 2012 Quote Its pissing down and blowing a gale outside and its 2148Hrs where I am. All I hear is excuses, sack up, put a headlamp on and get out there. If it ain't rainin' we ain't trainin' History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
Skyrad 0 #10 December 29, 2012 Shame on me!When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
GQ_jumper 4 #11 December 29, 2012 Quote Shame on me! Not to hijack my own thread, but I did a tandem in 41 Kt winds, so you have no excuse. Wind speed was unbeknownst to me until I reached the ground and learned the owner just didn't want to refund the money so he "massaged the numbers". Anywho, back to the case at hand. Is there any way we could put an end to opportunistic lawsuits such as this without taking away the rights of people who genuinely deserve large sums of money? It seems like one of those double edged swords where no matter how you write a law someone will undoubtedly suffer.History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
Skyrad 0 #12 December 29, 2012 Quote Is there any way we could put an end to opportunistic lawsuits such as this without taking away the rights of people who genuinely deserve large sums of money? Surely thats the job of the judges isn't it?When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
regulator 0 #13 December 29, 2012 Didnt the person launching this lawsuit sue the school district? What a crock of horseshit. Quote Share this post Link to post Share on other sites
GQ_jumper 4 #14 December 29, 2012 QuoteQuote Is there any way we could put an end to opportunistic lawsuits such as this without taking away the rights of people who genuinely deserve large sums of money? Surely thats the job of the judges isn't it? If we allow them all to go to court it clogs up our legal system, and costs the defendants who are trying to avoid paying for this nonsense legal fees. That "Reasonable person standard" that is supposed to be applied to cases like this seems to have failed us. Case in point one of my Business Law case studies was about a Weed Whacker lawsuit. A man using a trimmer with a rotating blade at the end of a six foot extension hit a rock and the force caused the tool to kick back and spin the man around and amputate the arm of his nephew. The boy's mother sued the company and recieved a multi-million dollar judgement. The judge's reasoning was that the warning label on the tool that specifically warned of this "kickback phenomenon" and told people to be careful of it would not be read by the "casual user", refering to a person who borrowed the tool from its owner. My take on it. If you are using a gas-powered cutting tool with a six foot range within six feet of an infant the user is 100% responsible, regardless of their knowledge or warning of a danger. A REASONABLE person should understand this, but the boy's mother won. I think she should have sued her dumbass brother. The point of the whole thing is now that we have legal precedents where people have received settlements for ridiculous mishaps, the fault of which is their own the judges are not able to rule against them. We need an opportunity to wipe the slate clean and build new precedents.History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
Skyrad 0 #15 December 30, 2012 Fair point, I actually thought that things had turned a corner in the USA regarding the sue culture a few years back (around the time the fat kid tried to sue McDonalds for making him fat and lost). In the UK its getting worse and more like the US everyday in this respect. Have there been no changes to the law to try and prevent unreasonable litigation in the states in the last ten years?When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy. Lucius Annaeus Seneca Quote Share this post Link to post Share on other sites
StreetScooby 5 #16 December 30, 2012 Quote Surely thats the job of the judges isn't it? Yes, it is. And, they're failing miserably in that regard.We are all engines of karma Quote Share this post Link to post Share on other sites
Bolas 5 #17 December 30, 2012 QuotePinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm." Not only failed to take steps, prevented people from doing so as well. (gun free zone) The suit itself has merit, just the amount is atrocious.Stupidity if left untreated is self-correcting If ya can't be good, look good, if that fails, make 'em laugh. Quote Share this post Link to post Share on other sites
Andy9o8 0 #18 December 30, 2012 You act like a paltry $100 mil goes very far. It's approximately 70% of the cost of a single F-22 fighter. Gee, I wonder why every, single modern, industrialized nation on Planet Earth - except the US - has some form of truly universal health coverage: it's because instead of spending its staggering affluence mainly on caring for own people, it pisses away its largesse on a criminally bloated military. But that's OK, as long as I know my kids are safe in their beds, protected against hostile Afghan tribesmen. Quote Share this post Link to post Share on other sites
kallend 1,620 #19 December 30, 2012 Quote I have another brain burner for you guys. What the hell is everyone doing on this website on a Saturday instead of at the DZ??? I have a cold and can't jump.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
popsjumper 2 #20 December 30, 2012 QuoteQuotePinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm." Not only failed to take steps, prevented people from doing so as well. (gun free zone) The suit itself has merit, just the amount is atrocious. BULLSHIT with a capital B. Another Nanny State bit reasoning. "It's your job to protect me from any and all possible situations." Bullshit...it's not possible. "Foreseeable harm" includes earthquakes and epidemics. You want to go there, too?My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
Andy9o8 0 #21 December 30, 2012 Quote "Foreseeable harm" includes earthquakes Indeed it does!! http://www.reuters.com/article/2012/10/22/us-italy-earthquake-court-idUSBRE89L13V20121022 Quote Share this post Link to post Share on other sites
popsjumper 2 #22 December 30, 2012 The world going to hell in a hand basket. I rest my case. My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
dpreguy 14 #23 December 30, 2012 The Connecticutt parents' lawyer probably filed a 'notice of intent to sue', a legal requirement to sue a soverign (a State). I think all states require that. Then the right to sue is preserved for the future. Not yet a lawsuit, but could be in the future. Headline grabbing for now. How to stop frivolous lawsuits: Can't stop all of them under our legal system but............ presently, if a motion to dismiss is filed stating the lawsuit filing was frivolous, and if the judge does find it was a frivolous filing the judge can order damages, usually legal fees, be recovered from the frivolously filing plaintiff. In cases like this, and others (Example: someone has filed a lawsuit for the theater shooting in Aurora, CO stating the owner of the movies house-Regal Entertainment, should have forseen the likelihood that someone would prop open the emergency exit door, go to his car and get weapons and come back in and shoot), if a lawsuit is dismissed, because it was a frivolous filing, the person who filed risks the prospect of having to pay the legal fees of the person sued. Our dropzone waiver states that, as do most good dropzone waivers. Forcing the greedy parents and/or the lawyer to pay for the legal fees if they sue if the lawsuit is found to be frivolous is one way. Unfortunately our liberal judges are loathe to find lawsuits are frivolously filed, so this way to cut down on such lawsuits is not very effective. Not enough judges are willing to so find and order. ?It is my understanding that the UK system states that if a personal injury lawsuit is filed, and it is not successful, the judge orders the suing party( Plaintiff) to pay all of the legal fees of the person defending(Defendant)?? Is that true? If it was the rule here in the US, that would stop most of this ridiculous lawsuit craziness. Once again, 'lawsuit liberal'-minded judges could derail most of these protective measures under the theory that preserving the right to sue is more important than protecting the public from frivolous lawsuits. This is the stance of the American Trial Lawyers group. They fight "tort reform" measures in any form. They are absolutely against the idea that you have to sign a waiver to a business that offers skydiving, or snowmobiling, water skiing or hang gliding or horseback riding, ice skating, skiing (printed on the back of your lift ticket), etc. They promote a litigious society, including the practice of filing frivolous lawsuits of any kind or sort. Their theory is that this is the only way to preserve the poor person's ability to sue. That is their theory. That, basically, is the American tort system. If nothing is done we will see more of these lawsuits, as there isn't any downside to filing silly crap. Quote Share this post Link to post Share on other sites
kallend 1,620 #24 December 30, 2012 So explain carefully how it is that these liberal judges of whom you complain come to be elected or appointed in the first place.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
GQ_jumper 4 #25 December 30, 2012 Quote Quote I have another brain burner for you guys. What the hell is everyone doing on this website on a Saturday instead of at the DZ??? I have a cold and can't jump. Ditto, so I feel ya. Add in a back injury and a serious lack of funds due to my bank accounts being pilfered by a soon-to-be ex-wife. I've never been so broke and so happy at the same time History does not long entrust the care of freedom to the weak or the timid. --Dwight D. Eisenhower Quote Share this post Link to post Share on other sites
