Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Monday, December 22, 2008

Courts rule that Good Samaritans can be sued for helping out.

A woman who was left a quadriplegic in an auto accident has been cleared by the court to sue a coworker who yanked her from the car fearing it was going to catch on fire. Now if that doesn't warm the heart, I don't know what does. Apparently the injured woman claims that her coworker "yanked her like a rag doll" from the wreckage, making her injury worse. Clearly this sends several messages.


1. When fearing a vehicle is about to burst in to flames you should get the person trapped inside to sign a waiver agreeing not to sue you. Should the car burst into flames you can expect to be sued for allowing the victim to turn into a human roasted marshmallow. Either way, you could be fucked.

2. Doing the "right" thing can cost you big time.

3. Nice people really do finish last.

4. You can sue people for anything in this country, and win!

It's not hard to imagine the horror of being left paralyzed. My first wife's brother was a quad, paralyzed from the shoulders down in a high school football game back in the 70's. I have personally witnessed the type of life a person like that is left with, and it ain't pretty. That said, this is a clear case of a bitter person lashing out at anyone available, consumed by an understandable bitterness over their lot in life. In my opinion, the recent decision by the California Supreme Court is as wrong as Michael Jackson taking a doggy bag home from a bris. (think about it).


One would hope that this decision won't set off a domino effect of bitter, or greedy ingrates, suing the very people who took the time to save their lives, but of course that's exactly what's going to happen. It reminds me of the joke where a young boy is walking through the park with his gramps. They come across two dogs , one mounting the other. The boy asks his gramps, what they are up to. The old man answers that the dog on top has an injured leg, and the one on bottom is helping him get home. To which the boy responds " Just goes to show you, try to help someone out and they fuck you every time."


Fortunately this ruling probably won't keep people from helping others in dire straits. At the end of the day, most people won't hesitate to come to the aid of others. There will always be the lower life forms who ignore the guy laying in the street, or pretend they don't see the bully who man handles his wife in the grocery store parking lot. But by and large, most people just react, do what it takes, with no thought about the negative impact it could have on them.


Friday, June 6, 2008

A ploy named SUE

Amanda Jax was a young Minnesota woman who died after another night of drinking too much. I say another, because this young woman had a couple of DUI's under her belt prior to her death. Now her mother is suing Amanda's friends for wrongful death. Jax mother said she hopes this lawsuit will prevent further deaths from binge drinking. She went on to say that she had no idea this kind of thing could happen. May I call ,Bullshit ?

The details of the events leading up to Jax death are pretty typical for a group of 20 - 22 year old college kids. They drank a whole lot of booze, Jax passed out and threw up, they took her home and discovered she had died at some point during the night. So the question I pose to all of you is this, Are her friends liable for her death?

I say absolutely not. This girl was a former nursing student who clearly had a drinking problem. She knew better than anyone else that she was drinking too much, it isn't her friends responsibility to monitor her, she was an adult. The mother of Amanda is understandably mourning the loss of her child, but lets be honest about her motivation behind this lawsuit. It has nothing to do with bringing awareness to an issue she claims she never knew existed, and it has everything to do with vindictiveness and bitterness. This is about a woman so hurt by the loss of her child, that she is hell bent on seeking retribution by ruining the lives of young people who were being irresponsible young people, exactly like her daughter was leading up to her death.

Guilt is a bitch, it will cause you to do things you might not normally do, add in an all consuming anger and a need to strike back, and you have what we have in this case. What Mrs. Jax is doing isn't justice, it's revenge, and it's just plain wrong. If her daughter had been one of the defendants rather than the victim, I guarantee you she wouldn't think this was a solid and fair lawsuit. Her contention that she was in the dark about binge drinking, is pretty thin. I doubt anyone in America hasn't heard of college kids drinking themselves to death, and Mrs Jax is being disingenuous in her claims of ignorance.

So let's just call this lawsuit what it is, revenge, pure and simple. The life of Amanda Jax mother is irrevocably changed for the worse. In her pain and anguish she is seeking the age old remedy to relieve it, revenge. But it wont bring back her child, it wont ease the pain or guilt. It will just serve to do further damage to more lives, and that ain't justice no matter how you slice it.

So what do you think?

Monday, April 28, 2008

Sofia Salva, Joan of Arc she ain't.......

Mother of the year Sofia Salva is back in the news, and she is priming the pump for the big pay off to come in her lawsuit against the Kansas City police dept. Im not going to rehash the entire case, you can read my first post here. Suffice to say I didn't cut the cops or Salva any slack, and my opinion hasn't changed one iota. Salva plays it up like the long suffering mother who was desperately trying to make it to the hospital, via the liquor store. Lest we forget this woman already has 4 children who were permanently removed from her care in 2002. So when Salvo takes on the role of anguished mother, that dog just wont hunt. Yes she was treated wrong, yes the cops should be held accountable, but Im not buying her new role as defender of the down trodden .

If Salva was really trying to get to the hospital, if she was desperately seeking medical attention, then she would have gone straight there, expired tags or not. Instead she was dicking around at a liquor store , forging fake tags and doing none of the things that would reasonably lead a person to believe she was trying to seek medical care. She could have called 911, she could have , but she didn't. The truth is Salva didn't start showing concern for the welfare of her unborn child until she got stopped by the cops. None of that excuses the police for not following procedure and their refusal of medical treatment. But lets not paint Salva as some kind of martyr, she isn't.

Salva was quoted in the article , "I have a right to fight for my baby and for other people, so that we can be treated right in the streets," said Salva, a Sudan native, in her strong accent.

Nice try but it wont fly, at least not here. Im not saying she doesnt have grounds to sue, she does. But to paint herself as the Joan of Arc of Independence Avenue is so fucking thin it's transparent. So Sofia, do everyone a favor, shut your pie hole , collect your money, and invest in getting your tubes tied. You neglected four children which is why they were taken away, and you are at least as culpable in the miscarriage of your unborn child as the two morons who ignored policy and failed to call an ambulance while you were in their custody.