View Single Post
Old 12-02-2009, 12:27 AM   #11
Join Date: Jan 2008
Location: Richmond, VA
Posts: 10

Originally Posted by EMTRailfan View Post
Do you think she has a leg to stand on?
I guess she does if the other one wasn't hurt too bad...

I blame the courts for a lot of it - they could throw these cases out if they wanted, but someone, somewhere, had to judge in favor of an idiot like her for this to be seen as an acceptable legal strategy. There's no doubt in my mind it's a calculated move - play up the drama and sue for an exorbitant amount, that way if they offer to settle you still make some money, and of course the lawyer promises they don't get paid until you win. Somewhere, the courts decided to stop trying to legislate common sense (i.e., legally slapping idiots like her upside her head to knock the stupid out) and when people (and worse, lawyers) saw they could succeed with suits like this, it was like blood to sharks.

Unfortunately, I don't have much hope she'll lose. I think there have been some precedents set - one a few years ago when a family won ~$12-25 million after the son died from climbing on top of an Acela sitting in Penn Station (OMG Amtrak didn't warn him enough about high voltage LOL they said) and another back in the '70s similar to the first; kid died after climbing on top of a boxcar parked under catenary in Washington D.C. - argument was that PC let the 'No Trespassing' sign become too weathered and overgrown to be a valid warning. Unless either or both of those cases were ever overturned, my fear with this latest case is that all she'll have to do is argue a similar 'I didn't see the sign' defense and the judge will go in her favor. On a related note, it's fascinating to me how many cases like this make headlines for their outrageousness when they are brought before the courts, but far fewer make the same headlines when they are thrown out for being patently ridiculous. I do so enjoy reading about a good legal smackdown...

- Dave Ferrell
The Fast Flying Virginian
FastFlyingVirginian is offline   Reply With Quote