Posted on 01/31/2009 11:12:16 AM PST by vivalaoink
On your part, I agree. Sure are a lot of people who call themselves 'conservative' on FR, but when it comes to personal responsibility, they are all for the poor 'victims' of hot coffee served at restaurants, and their ambulance chasing lawyers, who are ruining this country with frivolous lawsuits.
They know the people who stayed in the room before these people. If there is DNA on the condom and it matches the people who stayed there before then its clear.
Don’t need CSI or NCIS for that one.
And its not all that hard to get a DNA sample. Subpeona the records for who stayed there. Then nicely ask the person for a sample. If they refuse next add them to the lawsuit for leaving it laying around carelessly. As part of that lawsuit seek a DNA sample.
Not all that hard to get. Probably not much harder to get blood tests for communicable diseases either.
You seem really invested with this. All the hotel had to do was keep the place clean. They couldn’t handle that could they.
“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....”
You’ve accused this woman of being a bad parent, of having a pigstye of a home, and now of walking around with a used condom stuck to her shoe. She musta really done you wrong somehow. Either that or you have something against women in general.
I do too...in criminal court. But this is a civil matter and most likely PA is like other states in requiring only a preponderance of evidence to hold someone responsible for their negligence.
Now as to the parents' claim of emotional distress, i doubt that one is gonna fly. Even if their story is true, and i would agree that seeing your baby chewing on a condom is traumatic, i doubt it rises to the level of compensable injury.
What people like you don't realize is that far more often a deserving victim gets hosed; either gets nothing for his injury or is forced to settle for too little because he needs the money to pay for his bills NOW, not years from now. Yes, we all read the stories of outrageous jury verdicts. Those sell newspapers. Stories about how judges set aside verdicts, or offer remitittur to the Plaintiff, or how the plaintiff agrees to settle for a smaller, reasonable amount rather than go through appeals. So despite all the bleating about jackpot justice and lawsuit lottery, I'm still waiting for someone to show me the person actually living in the lap of luxury due to a verdict he didn't deserve.
are you sure you want to debate the McDonalds coffee case with me? I imagine I know a lot more about it than you do.
Answer me this: 1) on what basis did the McDonalds jury base its initial (admittedly WAY out of line, but that was CA,I believe, and thats where most people that think like you get their ammo without realizing very few states would allow that to happen)verdict? 2) approximately how much did she eventually receive? 3)what was the ultimate factor that led the jury to conclude that McDonalds bore the ultimate responsibility?
almost without exception, truly frivolous lawsuits are only brought by pro se litigants. In most states attorneys can be sanctioned for bringing a suit that has absolutely no basis. And if you bring a case you can't win, and you are charging a contingency fee, all you have done is eat the costs and waste your time.
and if you win, how can it be frivolous?
no need to drag in last night's guest. just test the parents, and if the DNA is inconsistent then its not theirs. Whose it actually is is immaterial to the case.
If this were just a case of an adult locating a used condom in a motel room, I’d say . . . no lawsuit, just report to the manager and write a letter to the home office of the motel chain.
But THIS is a case of a CHILD who could have died and who may end up with AIDS or an STD or who knows what. So, yes, in this case a lawsuit seems to be appropriate.
What our Drug Task Force explained at a meeting I attended is that sometimes people use motel rooms to make Meth using the coffee pot in the room. The moisture in the air then transfers the Meth making chemicals to the walls and the rugs and the curtains and the bedspreads. The Task Force Officer said he never walks barefoot on a motel rug and that there IS a chance that a crawling baby could get poisoned by the Meth that settled on the rug.
Stay at Motels and Hotels at your own risk as adults. It’s the Motel and Hotel responsibility to clean and sanitize the room and to make sure that there are no dead bodies under the mattresses (I watched CSI) or used condoms left lying around.
It says that Steven Wolfe has been forced to spend "great sums of money" to help cure his wife of a "loss of enjoyment of life."
OK, I'm raising the BS flag on this lawsuit.
Exactly. Why are we supposed to take her word that it wasn’t brand new, anyway?
Ummm, I think one reply on this was enough from you, but oh yes, I’m dastardly to expect this industry to clean up its act, aren’t I? Yes, yes, an ulterior motive for my posts, you’ve got it. LOL. Go have another.
I think it’s a wonderful thought to have the industry clean itself up, but you can’t take it all out on one hotel.
And you think one reply was enough from me???? Who are you to say, if I have more to say, I will say it! I guess you are one of those controlling people huh.
Well, mind yourself.
Another what, btw?
I don't even think there ever was a condom, new or used. I think the parents' plan was to come up with a story so disgusting and offensive that no one would question it and then hope the motel chain would quickly cut everyone a check just to make it all go away.
The kid conveniently swallowed the evidence. Sure, he did.
We DO expect personal responsibility on the part of the condom user AND the person hired to pick up gross things that condom users leave behind. That's exactly where the “personal responsibility” lies here.
Check the DNA. I ain’t buying this without it.
I don’t believe you. Our hotels are cleaned by Me-hi-co’s finest. They wouldn’t do something like that.
Alternately:
They’re just spreading the germs Americans don’t want to spread.
She probably came from Mexico and doesnt know what her exact job is because it wasn’t written in spanish.
I think this situation could definitelybe possible. Toddlers will put anything and everything in their mouths. If this is made up, a set of parents that would subject a toddler to many invasive blood tests and screenings for STDs is abusive. On the issue of the mother not watching the child, I am going to assume that the posters who keep saying that, don't have any children of their own. If they do, they don't spend much time with them.
Put that down, you never know where it’s been!
I must agree with you. I’m a single mother of 7. It is impossible to have your eye on any child every second of every day. Perhaps Dad and kids were still asleep and Mom went to the bathroom? Child wakes up and finds something to get into. I don’t know about anyone else’s kids but I know my kids can get into things with lightening speed....even in the small amount of time it takes to use the restroom.
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