Comments on: Miami archdiocese liable for students’ at-home drinking party

By: Ted

Ted — Wed, 02 Apr 2008 08:42:04 +0000

You can’t blame the jury, presumably they followed the instructions given to them. Its the law that sounds crazy in this case. …

The real problem with this case is that it will be held up as an argument for tort reform.

Tort reform in this case would be changing a law that you acknowledge “sounds crazy.” What’s wrong with that?

By: Richard Nieporent

Richard Nieporent — Tue, 01 Apr 2008 23:25:47 +0000

The jury decided Archbishop Carroll was negligent because it did not notify authorities, even though school officials knew of the underage drinking party.

This lawsuit reminds me of the final episode of Seinfeld where George, Elaine, Jerry and Kramer are arrested for violating the “Good Samaritan” law that says it is a crime to do nothing when you see a crime being committed. At the time I saw the episode I thought the “Good Samaritan” law was fiction. Who knew that you could really be held legally responsible for not reporting an underage drinking party to the police.

By: Richard Nieporent

Richard Nieporent — Tue, 01 Apr 2008 23:17:46 +0000

''It's a great day for justice,'' said David Deehl, the attorney for Maynoldi and his parents, Jose Luis and Olga Maynoldi. ``My client was so devastated by the accident.'' So who was responsible for the accident? Gabriel Maynoldi, [was] the driver of the vehicle in the one-car accident on June 13, 2001. It appears that in Florida if you cause an accident, justice means that someone with deep pockets should pay for your negligence. Gabriel Maynoldi was found 25 percent negligent, Jose Luis Maynoldi 13 percent and Olga Maynoldi 15 percent. The driver and his parents were collectively held to be 53% responsible for the accident, however The family is only trying to collect from the church. Deehl plans to file post-trial motions in an attempt to add greater liability to the Archdiocese. I guess this family doesn’t know the meaning of the word chutzpah.

By: Ben Glass

Ben Glass — Tue, 01 Apr 2008 21:17:33 +0000

I’m a personal injury attorney in Virginia. Florida must have some pretty liberal laws to have allowed this case to even survive long enough to get to the jury.

You can’t blame the jury, presumably they followed the instructions given to them. Its the law that sounds crazy in this case.

In Virginia, this case would never have seen the light of day. No liability for social host, no liability for person who bought the alcohol, no liability against driver when you get into a car knowing driver is drunk and certainly no liability for school

The real problem with this case is that it will be held up as an argument for tort reform.

Ben Glass
Fairfax, VA
http://www.BenGlassLaw.com/