Comments on: I took you in, and your family sued me https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/ Chronicling the high cost of our legal system Fri, 18 Feb 2011 15:01:36 +0000 hourly 1 By: wfjag https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115513 Fri, 18 Feb 2011 15:01:36 +0000 http://overlawyered.com/?p=21523#comment-115513 Thanks for the kind words, Roth. And, yes, I’ve used it. In one case, a pro bono client wanted to open a soup kitchen at an old gas station site. I figured that the USTs were still in the ground and had probably leaked gas, and had them acquire the land and operate as a separate corp. Sure enough, someone slipped and fell and sued. The attorney publicly recorded his lien right to secure his fee. They won, and recorded the judgment and attorney’s lien. About that time, the enviro regulators showed up and found the USTs in the ground and gas contaminating ground water (at a depth of less than 20 feet — no one was drinking it or pumping it out for anything, city water was available and better and cheaper) and ordered the “owners” to remediate. The bank’s mortgage did not count as a “owner” who could be required to pay for clean up – but, the judgment and attorney’s lien did qualify as ownership interests. Guess who had to pay to do the clean up? Then the bank foreclosed, and the judgment creditor and attorney had to pay it off to not have their interest expunged. They then had to sell the property — at sheriff’s sale (due to now having financial problems from all the costs incurred). My client, with a new corporation, bought it at 70% of what it had originally owed, with the same bank providing the loan and taking a mortgage, and re-opened its soup kitchen — and still no CGL policy. The reduced loan payments made it much easier for the “new owner” charitable corp to raise enough donations each month to pay the note.

]]> By: roth https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115386 Thu, 17 Feb 2011 02:49:31 +0000 http://overlawyered.com/?p=21523#comment-115386 I’ve been litigating 25+ years, mostly on the tort defense side and wfjagis is right on the money. At least until the trial lawyers get the legislature to pass a law mandating that all not for profit homeless shelters have liability insurance.

]]> By: wfjag https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115384 Wed, 16 Feb 2011 23:24:40 +0000 http://overlawyered.com/?p=21523#comment-115384 The “New Life Evangelistic Center homeless shelter ” should assert the most effective defense known:
1. We don’t have any insurance that covers this type of liability; &
2. Our only asset, the building, is mortgaged to the hilt and any judgment creditor would have to first pay off the mortgages to acquire title to a building that is financially “under water,” and then clean up any enviromental hazards, before trying to sell it.

]]> By: OldNaugaHerder https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115383 Wed, 16 Feb 2011 21:42:00 +0000 http://overlawyered.com/?p=21523#comment-115383 “We are in the business of …..” just qualified you as a target in many lawyers’ eyes. Sad, isn’t it?

]]> By: mojo https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115378 Wed, 16 Feb 2011 19:05:45 +0000 http://overlawyered.com/?p=21523#comment-115378 “Good Samaritan Mugged, Film at 11:00”

]]> By: smurfy https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115377 Wed, 16 Feb 2011 18:19:02 +0000 http://overlawyered.com/?p=21523#comment-115377 I’m with you kimsch. I would consider myself negligent if my son ended up homeless, or my daughter ended up on the pole. Unfortunately that little bit of parental arrogance probably just jinxed me and ensured one of those two results. sorry kids.

]]> By: No Name Guy https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115373 Wed, 16 Feb 2011 17:16:39 +0000 http://overlawyered.com/?p=21523#comment-115373 Sadly Mannie, that is EXACTLY what the result will be.

Effin lawyers insure no good deed, in this case sheltering the homeless, will go unpunished.

]]> By: Mannie https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115365 Wed, 16 Feb 2011 14:11:40 +0000 http://overlawyered.com/?p=21523#comment-115365 Throw the bums out on the street.

]]> By: kimsch https://www.overlawyered.com/2011/02/i-took-you-in-and-your-family-sued-me/comment-page-1/#comment-115355 Wed, 16 Feb 2011 07:48:47 +0000 http://overlawyered.com/?p=21523#comment-115355 Maybe if the guy’s parents had given him a place to live, he wouldn’t have been in the homeless shelter. They’re family.

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