Comments on: “Teen passenger in speeding car sues driver who was hit”

By: CDR J

CDR J — Tue, 04 Aug 2009 22:00:43 +0000

Many years ago, my wife studied to be a paralegal (she never practiced). In one of her first courses, her professor proposed the following hypothetical case: You’re driving along, and you get into an accident with another car. You’re hurt, not seriously, but badly enough that you need to go to the hospital in an ambulance. The ambulance driver drives recklessly, and gets into another accident. Now you’re seriously hurt. When you get to the hospital, the doctor is drunk, and pokes your eye out with his thumb.
Question: Who do you sue?
Answer: everyone. The other driver, the ambulance driver, the doctor, and probably the ambulance service, the hospital, and who knows else. The courts will sort it out.

By: Cousin Dave

Cousin Dave — Tue, 04 Aug 2009 19:57:11 +0000

So I understand how it works, but it’s the casual acceptance of same that bothers me. For those who jumped in to say “it’s the industry standard, don’t worry about it”: if any other industry excused wasteful and unjust practices by saying “it’s the industry standard”, you’d sue them.

By: ps

ps — Mon, 03 Aug 2009 07:24:56 +0000

The sad fact is that if Speliotis ends up with a boob for a lawyer, it doesn’t matter whether she was innocent or not, she will probably get nailed. In any event she will have to spend money on a lawyer just to make this thing go away so no matter what, she ends up losing. That’s her punishment for being at the wrong place at the wrong time and that’s how the justice system works. Hope that clears it up for you, Bob.

By: Sean Stocks

Sean Stocks — Mon, 03 Aug 2009 05:41:47 +0000

The real issue with this case is not so much that the lawyer seeks to sue everyone involved (there can be occassions when that might be appropriate), but that he has done so without any factual basis for doing so.

In both the UK and Australia (where I have practised variously as a solicitor and barrister) it would be conisdered professionaly negligent to file a pleading or issue proceedings without there being an evidential basis to support the allegations being made.

In this case: “Hughes said he is still awaiting the final accident reconstruction report and did not want to comment on exactly how he would show that Speliotis could have done something to avoid the accident. ” – from the same article quoted on this site.

Astonishing that an Attorney puprortedly seeking to further his client’s best interests would issue proceedings without first having enquired as to where those interests lay.

Loser pays guarantees that a lawyer would first check the grounds for a suit before exposing his or her client to a potential costs liability.

By: rar

rar — Mon, 03 Aug 2009 00:48:24 +0000

“The negligent free guess passenger sues both drivers”. He’s not negligent free. He was violating Mass state law by not wearing seatbelt.

By: Simple Justice

Simple Justice — Sun, 02 Aug 2009 23:11:08 +0000

Blawg Review 223, Sphincter Rules…

Today was not my day to do Blawg Review….

By: kimsch

kimsch — Sun, 02 Aug 2009 22:55:44 +0000

Two words: Loser Pays.

A few more words: attorney pays if (s)he brings a frivolous/losing suit.

Also, more judges should use their discretion to dismiss suits like the judge in the jacket case, where the judge dismissed the charges because generally people know that if one pulls an elastic to its furthest length and lets go, it will come back at a fast pace.

By: Jennifer

Jennifer — Sun, 02 Aug 2009 18:39:44 +0000

The problem with this country is we are all so quick to sue. Both kids were at fault, so they should deal with it. that poor lady was minding her own business , driving a long and BAM! This happy go-lucky lets sue everyone is why my insurance rates are so high! I hope neither one of those teenagers gets a dime. if they do it will only send the message that high speeds and drag racing are cool. That lawyer should be ashamed of himself for allowing the passenger to sue.

By: Peter Eipers

Peter Eipers — Sun, 02 Aug 2009 17:37:06 +0000

Commentor

At some level, I understand your points and the issues involved in these types of cases. But as a scientist, I am amazed disappointingly frequently by the wasteful lack of logic and common sense found in our system of law- an observation that, of course, serves as the foundation of this web site.

By: SmartDude

SmartDude — Sun, 02 Aug 2009 16:45:27 +0000

This type of total injustice is what (justifiably) enrages any normal human.

Jackpot Justice Professional Gamblers from the Lawsuit Industry are utterly blind to the problem here.