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Suit: Child Choked on Used Condom
NBC - Philadelphia ^ | Vostok | Tamara

Posted on 01/31/2009 11:12:16 AM PST by vivalaoink

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To: Drew68

I’m not sure that I believe the mother’s story. How do we know that the kid ingested the contents of the condom, before the mother pulled it out of his mouth?


41 posted on 01/31/2009 11:55:44 AM PST by Eva (CHANGE- the post modern euphemism for Marxist revolution.)
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To: Nathan Zachary

Also, how do you know WHAT she has for evidence? If there is a used condom, DNA is an easy sample, and there would be no talk of a suit without one.

To the skeptics here, while I imagine some sick person might try this, I rather doubt a family of 5 would risk their reputations to illegally charge something like this, dragging their children into it too. It just doesn’t make sense. I’ve been in some very reputable hotels who need to clean up their acts in this regard, and would love a wake up call to hit them hard.


42 posted on 01/31/2009 11:58:03 AM PST by Melinda
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To: Nathan Zachary

” And it was, probably just as clean and safe as any room in her own home.’

So you’ve seen her home? Otherwise you might be just making a wild a$# guess to discredit her.

“A condomn isn’t exactly a dangerous thing. disgusting maybe, but not dangerous. ‘

A young child could easily choke on a condom used or not. The condom could easily block their airway.

A used condom is most certainly dangerous as it contains material that could easily carry disease. This wasn’t an adult it was a young child and it wasn’t by choice. It was left over (allegedly) from a previous party that stayed in that room.

” A defense lawyer will have a lot of fun with this frivolous suit.”

I doubt it. Most likely the hotels insurance company will settle before it goes to a jury. Any defense attorney that seeks to have fun with this will likely find himself explaining why the judgement is so large.


43 posted on 01/31/2009 11:58:08 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Yes, it is disgusting how unsanitary everything is in a hotel room.


44 posted on 01/31/2009 11:59:55 AM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Nathan Zachary

“It was clean, prove otherwise.”

That’s easy. It wasn’t clean, with apparently several witnesses.


45 posted on 01/31/2009 12:00:04 PM PST by Melinda
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To: Eva
How do we know that the kid ingested the contents of the condom, before the mother pulled it out of his mouth?

It's not even clear that she pulled a condom out of his mouth.

Did the boy ingest the entire condom or just the "contents" of the condom? If it was just the contents, then the mother surely retained the condom which could be analyzed, right? I'm guessing not.

46 posted on 01/31/2009 12:01:43 PM PST by Drew68
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To: Nathan Zachary

Pretty easy if they still have the condom. The hotel has records of who stayed in that room. Go take a DNA test of that person and it will prove where it came from.


47 posted on 01/31/2009 12:02:12 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Whats nonsense? Just this lawsuit, and the outragous claims that her kids life is somehow in jeopardy, or suffered any injuries.

The only "injury" was the mother exposing her own poor parenting. It takes a while for a toddler to pick up an ALLEGED used condom, stuff it all in his mouth, and chew it up good so that any "contents" were fully consumed, allegedly again.

And ther were TWo parents present, yet neither one noticed what the kid was doing. What was the main distraction I wonder?

48 posted on 01/31/2009 12:02:40 PM PST by Nathan Zachary
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To: Melinda
I rather doubt a family of 5 would risk their reputations to illegally charge something like this, dragging their children into it too.

You'd be surprised at what people will do for large sums of money these days.

49 posted on 01/31/2009 12:03:40 PM PST by Drew68
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To: driftdiver
"Pretty easy if they still have the condom. The hotel has records of who stayed in that room. Go take a DNA test of that person and it will prove where it came from."

No it doesn't. Prove there is any DNA on the condom first. Then prove it wasn't left there a year ago by someone else before you try drag some innocent person into court to TRY demand a DNA sample, which he does not have to provide since he committed no crime.

50 posted on 01/31/2009 12:07:14 PM PST by Nathan Zachary
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To: Drew68

On the surface, this just doesn’t smell like fraud yet. Time will tell.


51 posted on 01/31/2009 12:08:46 PM PST by Melinda
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To: Drew68
"Did the boy ingest the entire condom or just the "contents" of the condom? If it was just the contents, then the mother surely retained the condom which could be analyzed, right? I'm guessing not."

Exactly. It's u to her to rove there was anything "dangerous" on the condom. Even if she has it, any evidence, which she would have to pay for to have it tested, would probasbly be thrown out because the evidence wasn't handled properly.

She has no case. All these kind of people hope for is that the hotels and businesses they try to sue settle out of court to avoid the expense of a trial.

I wouldn't be surprised if it comes out later that these people have sued places before.

A half descent defense lawyer would have fun getting this thrown out.

52 posted on 01/31/2009 12:13:08 PM PST by Nathan Zachary
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To: vivalaoink
left behind by previous travelers

Riiiiiiiiiight...wink, wink.
53 posted on 01/31/2009 12:21:26 PM PST by SouthDixie (We are but angels with one wing, it takes two to fly.)
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To: Nathan Zachary
What was the main distraction I wonder?

maybe their other 4 kids? You are the wet dream of the insurance industry. They dream of getting people like you on juries. Because despite the facts, despite proof of negligence, you would never hold the hotel responsible because you would so covet the award that the injured party would receive.

There is never more ignorance displayed on FR than when it comes to the legal system and lawsuits. Its like listening to the Global Warming kool-aid drinkers on other sites.

54 posted on 01/31/2009 12:21:48 PM PST by jdub
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To: KoRn

She sounds like the kind of mom who would order her child a hot dog and then sue if he choked on it. I KNOW, she didn’t ask for this, but if a used condom, as grotesque as it is, is not typically considered a life threatening item.
She could have been actually watching him closely, I suppose. That would have helped.


55 posted on 01/31/2009 12:22:43 PM PST by DeLaine
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To: driftdiver

Besides, she wouldn’t be able to get a reliable dna sample off the condom anyways, because the kid was chewing it, contaminating the evidence.
That alone would make it impossible to say it was left there by the previous guest, and also make it impossible for these people to prove it WASN’T theirs.
having the kid tested can prove nothing, since nothing was found. Even if something IS found sometime in the future, it would be impossible to prove he didn’t pick it up after the fact, or sometime before when he was chewing on something,
Maybe his mothers shoes that he got into while she wasn’t watching him in her own home. She could have stepped on a used condom while out walking one day, or her boyfriends condom that she was having a wild affair with while her husband was at work....


56 posted on 01/31/2009 12:23:56 PM PST by Nathan Zachary
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To: Melinda

So punish this one because they are all usually pigstys? I think not.


57 posted on 01/31/2009 12:23:59 PM PST by DeLaine
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To: Melinda
On the surface, this just doesn’t smell like fraud yet. Time will tell.

Without any evidence it's not smelling like money. At least the Wendy's lady had real fingers in her chili.

58 posted on 01/31/2009 12:27:18 PM PST by Drew68
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To: jdub

wet dream of the insurance companies huh?

No, I’m afraid not. I believe innocent until proven guilty BEYOND A REASONABLE DOUBT.

And there is plenty of reasonable doubt here as I have pointed out.

Adding fictitious facts to this story isn’t going to help you.


59 posted on 01/31/2009 12:27:29 PM PST by Nathan Zachary
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To: Melinda

ahh, that’s where you’re coming from. You want the hotel industry hit hard, so blast this one away huh.


60 posted on 01/31/2009 12:29:03 PM PST by DeLaine
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