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Zokhrabov's attorney said that while the circumstances were "very peculiar and gory and creepy," it ultimately was a straightforward negligence case.
1 posted on 12/29/2011 11:28:34 AM PST by CedarDave
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To: CedarDave

Have we heard from any of the candidates their position on tort reform?


2 posted on 12/29/2011 11:32:38 AM PST by NonValueAdded ("At a time like this, we can't afford the luxury of thinking!")
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To: CedarDave

I understand she is suing for an arm and a leg.

Hey Now!....tip your waitresses people...I’ll be here all week.


3 posted on 12/29/2011 11:35:43 AM PST by RoarkMan (no tag line entered)
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To: CedarDave

Why would his family be liable? This makes no sense.


4 posted on 12/29/2011 11:37:24 AM PST by Alissa
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To: CedarDave

Cases like this should be thrown out of court. You see the train coming, you see lights flashing. The fact that he had an umbrella is a distraction. He tried to beat the train and lost.


5 posted on 12/29/2011 11:37:24 AM PST by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: CedarDave
The man made a record breaking post-mortem flying tackle. He's guilty of negligently being killed. Or something.
6 posted on 12/29/2011 11:41:11 AM PST by count-your-change (You don't have to be brilliant, not being stupid is enough.)
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To: CedarDave

It’s Illinois, so now he can vote democrat in 3 different places at once.


11 posted on 12/29/2011 11:48:25 AM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: CedarDave

What would Mrs. Paslgraff say??


14 posted on 12/29/2011 11:54:18 AM PST by Wallop the Cat
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To: CedarDave

If he hadn’t already lost his ass to the train, he sure as hell lost it in court. /:8^)

I’ve got a million of them. BAHAAAAAAAAAAAAAAAAAAAAAAA

ED


15 posted on 12/29/2011 11:58:06 AM PST by husky ed (FOX NEWS ALERT "Generalissimo Francisco Franco is still dead" THIS HAS BEEN A FOX NEWS ALERT)
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To: CedarDave

Anything to get ahead...


16 posted on 12/29/2011 11:58:06 AM PST by Lando Lincoln (But that's just me.)
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To: CedarDave; All
No.

One of the most famous tort/negligence/proximate cause cases of all time - that any lawyer or law student knows by name - is Palsgraf. I had to cheat and look up the cite: Palsgraf v. Long Island Railroad Co. , 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928.

Without going into specifics (and if I remember correctly), a man carrying a package was running to catch a train, and the worker from the train reached out to give him a hand. The man dropped the package. It contained fireworks. Sparks from the train wheels ignited a firework. It struck a scale on the platform, knocking it over, and a bystander was seriously injured or killed by the falling scale.

Was the railroad liable?

Yeah. That Palsgraf Benjamin Cardozo wrote the opinion. Yeah. *That* Benjamin Cardozo. Should your employee have known that trying to help the man may cause him to drop the package that might contain fireworks that may ignite, which might knock over a scale, which could injure someone?

And now we have this?

The law comes full circle.

And you can even buy a Palsgraf t-shirt for your favorite attorney or law student, in several choices of color, with this design:


22 posted on 12/29/2011 12:10:14 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: CedarDave
Sometimes with a jury you just have to get your foot in the door.

A guy cant just go throwing his weight around....

31 posted on 12/29/2011 12:56:03 PM PST by DainBramage
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