Posts Tagged ‘personal responsibility’

Overlawyered – All Horse Edition

The need for tort reform doesn’t necessarily arise from headline-grabbing blockbuster verdicts but rather a “death by a thousand cuts” of many small suits of questionable merit.  Example: A woman sues the party host after drinking and then attempting to get on his horse as part of the party festivities.  She falls, suffers injuries and files suit against the host making general allegations of negligence, including, “providing … the opportunity to participate in the ‘inherently dangerous activity of horseback’ ”.

Does the host’s behavior rise to the level of negligence?  And, if so how is the woman’s negligence less than his?  He may have offered the alcohol; she drank it.  He may have offered the horseback ride; she accepted.  Have we reached the point in America that we need to have party goers sign waivers for private festivities?   But since exculpatory agreements are generally frowned upon by the courts I think I’ll just stay home alone.  A lot of fun that will be.  (“Suit shows you shouldn’t drink and ride horses”, The West Virginia Record, Aug. 8).

Horse example number 2:  Certified Massage Therapist Mercedes Clemens is suing two state agencies because her avocation is massaging horses but the state won’t let her (at least not for a fee) because she is only licensed to massage humans.  And, for once it’s really not about the money because she’s not asking for it in her lawsuit, just the right to massage animals.  It’s not as if Clemens is practicing pediatric anesthesiology for kicks.  So who cares, really?

I suspect it’s the veterinary board or the National Board of Certification for Animal Acupressure (at the behest of its members) who fear Clemens and people like her will poach their clients. And, if the state would simply step out of the way in this instance it could avoid this lawsuit. (“Woman sues for right to massage horses”, MSNBC, Aug. 11 and “Rockville therapist sues state for right to massage animals”, Gazette.Net, Jul 2).

Suit: Kids’ “punching game” is middle school’s fault

Matthew Walls, a 13-year-old in the 7th grade at Robert Smalls Middle School in Beaufort, S.C., engaged with a classmate in a rather alarming-sounding pastime, namely “the ‘Open Chest Game’ in which two people punch each other in the chest.” You wouldn’t think a kid could get hurt doing that, but Walls did: he struck his head on the way down and ended up in the hospital in critical condition, though he’s back attending school (a different one) now. Donna Walls, Matthew’s mother, has now sued the Beaufort County School District, the state of South Carolina, and three former superintendents personally, and seeks punitive damages. (Jonathan Cribbs, “Mother sues school district over child’s punching injury”, Beaufort Gazette/Island Packet, Jul. 25; more).

Suit: your milkcrates were an attractive nuisance

15-year-old honor student and SADD member Lindsey Billman snuck out of a slumber party with three of her friends and had an alcohol-fueled night with two 18-year-old boys. Around 2:45 a.m., two boys and two girls had the clever idea of stacking milk crates to reach an air-conditioning unit that allowed them to clamber onto the roof of Anna S. Kuhl Elementary School. The two couples went to separate sides of the roof. Billman and Nicholas Moscatiello then had the further clever idea of doing whatever they were doing while sitting on a skylight, which didn’t support their weight, and the 33-foot-fall onto the gymnasium floor below killed Billman.

This is, alleges an Orange County, New York, suit filed by Lindsey’s parents, the fault of the school district and the city of Port Jervis, New York. After all, the district was “irresponsible” stacking milk crates by the school. A curious choice of words: out of the number of people irresponsible here, it seems to me that the district is at most a distant eighth. (Steve Sacco, “Parents suing Port Jervis, school in girl’s fatal fall through roof”, Times Herald-Record, Jul. 26; Adam Bosch, “1 teen dead, 1 critical in fall”, Times Herald-Record, Jan. 27). The attorney is Corey Stark, a 2001 law-school graduate in New York City who has single-handedly refuted the proposition that New York state needs more law schools. (Thought experiment: if the milk crates are an attractive nuisance, why isn’t the dairy liable?)

July 13 roundup

  • Nothing new about lawyers stealing money from estates, but embarrassing when they used to head the bar association [Eagle-Tribune; Lawrence, Mass., Arthur Khoury]
  • Unusual “reverse quota” case: black job applicant wins $30K after showing beauty supply company turned her down because it had a quota of whites to hire [SE Texas Record]
  • Who knew? Per class action allegations, pet food contains ingredients “unfit for human consumption” [Daily Business Review]
  • U.K.: “A divorcee who won a £1.4million payout from her multi-millionaire husband is suing her lawyers because she claims she should have got twice that amount.” [Telegraph]
  • UW freshman falls from fourth-floor dorm window after drinking at “Trashed Tuesday”, now wants $ from Delta Upsilon International as well as construction firm that put in windows [Seattle P-I, KOMO]
  • After giant $103 million payday, current and former partners at Minneapolis law firm are torn by feuds and dissension — wasn’t there a John Steinbeck novella about that? [ABA Journal and again, Heins Mills]
  • Small firm that used to make Wal-Mart in-house videos sets up shop at AAJ/ATLA convention hawking those videos for use in suits against the retailer [Arkansas Democrat Gazette, earlier]
  • When the judge’s kid gets busted [Eric Berlin; Alabama]

Cop shot by 3 year old sues gun maker

Perhaps it would have been too complicated for Enrique Chavez of Anaheim, Calif. to sue himself for allowing his three year old son access to the loaded gun in the back seat of his pickup truck. So he’s suing Glock instead. “Chavez, 35, is also suing the manufacturer of the gun’s holster and the retail stores that sold him the gun and the holster. He bought the gun at the Los Angeles Police Revolver and Athletic Club and purchased a holster made by Uncle Mike’s and Bushnell Outdoor Products from Turner’s Outdoorsman.” (“Officer hurt in accidental shooting sues gun maker”, AP/San Luis Obispo Tribune, Jul. 9 via Glock Talk Forum).

“Please Disregard That ‘We’re Not Blaming the Park’ Thing”

(Post bumped with 12:20 AM update adding coverage of state Labor Department’s suggestion for new warnings.)

Roller-coaster enthusiast and torts professor Bill Childs is stealing our thunder in his coverage of the recent Georgia Batman roller coaster decapitation of Asia LeeShawn Ferguson IV, so there’s no point in rewriting his excellent post instead of quoting it:

Read On…

Rolando Montez’s fatal phone call: JCW Electronics, Inc. v. Garza

On November 14, 1999, high-school dropout Rolando Domingo Montez, celebrating his 19th birthday, was arrested for public intoxication and trespass after the owner of the boat on which he and his friends were sitting complained. Police placed him in Cell No. 1 of the Port Isabel City Jail. The next morning, Montez was permitted to make some collect calls from his jail cell to seek bail money from his mother, Pearl Iris Garza. Mom, complaining that Montez was in jail again, refused. But she generously came to pick up Montez on the 16th when he was released on his own recognizance. Unfortunately, while Garza was waiting in the lobby, and while police were responding to a call for assistance regarding a suspicious vehicle, Montez hung himself with the 19-inch phone cord from the phone he had used to make the calls.

Read On…

Slips while dancing on bar, complaint cites lack of handrail

Complainant Rory Beer — yes, her real name, though she used to be known as Rory Roberts — was dancing on the bar at Bar Chicago, a Division Street nightspot, when she fell off, with what her suit says are permanent injuries to her foot and ankle. “The lawsuit claims that Bar Chicago encourages patrons to dance on the bar, but doesn’t warn people of slippery surfaces or provide handrails, ‘cushioned flooring’ or ‘safety nets.'” (Mark J. Konkol, “Dancer slips, now she wants bar to pay”, Chicago Sun-Times, Jul. 1; Chicagoist). We covered another bar-wasn’t-safe-for-her-to-dance-on suit, also from Illinois, last year.

Suit: it’s the manufacturer’s fault that I backed a lawn mower over my son

The manual for the L120 John Deere mower reads:

DANGER: ROTATING BLADES CUT OFF ARMS AND LEGS

· Do not mow when children or others are around.

· Do not mow in reverse.

· Look down and behind before and while backing.

· Never carry children even with blades off.

Read On…

City streets not safe to drive 100-120 mph on

Amanda Laabs was a passenger in a Porsche Carrera that was being driven at somewhere between 100 and 120 mph in Victorville, Calif., suggesting that the occupants were in quite a hurry to get to their destination, an In-N-Out Burger. Her driver did manage to slow down to an impact speed of 72 mph at the intersection at which he collided with the Mitsubishi of innocent driver Dorothy Specter. Have you spotted the allegedly responsible party yet? Yes, the city of Victorville, for designing the road with “inadequate sight distance and lack of warning signs, devices and signals”, so that Specter couldn’t see the Porsche coming, all that aside from the light pole that was too easy to run into. After pages of tortuous analysis, made more tortuous by the division of authority over the road between the city of Victorville and the County of San Bernardino, an appeals court upheld a trial court’s disposal of the case on summary judgment, but also declined the city’s request for fees, saying the city had not shown that an attorney would have assessed the claim as objectively unreasonable. (Laabs v. City of Victorville, courtesy Law.com; Civil Justice Association of California press release).

Update: The following was received April 14, 2010 from a commenter identifying herself as Amanda Laabs: “…You commented and had to make your business. If you had read it correctly we were not on our way to In-n- Out, we were turned around going the opposite direction for your information. I lost both of my legs in that accident and a good friend who was sitting behind me. This is a horrible site that allows people to be rude and insensitive to the people and family who were really hurt.”