Posted on 07/07/2004 4:27:12 PM PDT by perfect stranger
What about the military?
Mandatory bump. Thank you, Ann, for bringing this to light.
Yes she is, but I believe she specializes in Constitutional law.
Everything I read today said his son was in a Jeep Cherokee.
The sickest thing was when he exploited his son's death during a trial against a swimming pool pump manufacturer. Read about that here:
http://www.freerepublic.com/focus/f-news/1167108/posts?page=72#72
And, here is a long article about frivolous lawsuits. I encourage everyone to read it, in spite of its length:
http://www.hillsdale.edu/newimprimis/2004/march/default.htm
Well, sorta: for 20 million bucks he did once.
Soooo....his son is dead, and Johnny decided to enter politics? Because his son died? That must have been a terrible accident. Terrible enough to make a dead son's dad decide to enter politics.
It would be nice to see an insurance company file a FRAUD case against Edwards just before the election!
you do indeed, sweety pie.
"I've seen different reports on the amount of Edwards' profit from the death of his son who died in a car accident in a Ford. One has it about $25 million from the Ford company."
Where can I get my hands on this information? I have a few friends that might be very interested in this.
It was in a biography of Edwards on one of the news Web sites. CNN or google or some other. That was before he was chosen.
I am sorry to hear about your injury, and I am also sorry to learn that an M1 rifle blew up. I though those things were the "best fighting implement ever devised," and so forth.
I have been thinking about how to advise in such a case.
I would take the case on contingency, because that would be in your best interest. You would have to pay all costs, though, as I bill them, amounting to several hundred dollars.
It would be you against Springfield Armory on a straight manufacturing defect claim of negligence for damages. Perhaps you could use a simple res ipsa loquitur theory and wouldn't have to prove much about Springfield's manufacturing.
First, Springfield would probably be the ones to join the range, TexasCowboy, and/or the cartridge manufacturer into the lawsuit. You wouldn't have to join them, as you were the one injured. Springfield would try to fix culpability on the cartridge manufacturer or on TexasCowboy, and maybe not join them, but they would still be subpoenaed to testify and produce documents. The range would probably not be a party, though perhaps some testimony would have to be elicited from them.
Second, I would encourage you to settle the lawsuit early for approximately the amount of your costs and other damages, including a reasonable fee for your lawyer and his costs, plus an additional amount calculated (beyond mere market dynamics) to discourage Springfield from supplying defective merchandise.
Assuming that your surgery cost about $10,000, I suggest perhaps settleing for a lump sum of $50,000 tops, maybe even in the range of $37,500 on the whole claim -- plus a free new engraved rifle, range bag, hat, T-shirt, and maybe a couple of 1911A1's and an XD, too. And a scope.
Seriously, that's an offer that everyone can live with.
But you could have been injured more severely, Eaker, than just a little "chest surgery". I know that men don't like to claim emotional harm damages, but if you ever talked to a mental health counselor, Psychologist, or Psychiatrist, their irrational fees can be included in your claimed damages. If you developed a flinch, nightmares, etc., all that can be added to your total damages.
Statute of limitations in this kind of action, depending upon your jurisidction, may be only one year.
I hope that this response sounds reasonable, not like John Edwards.
". . . not all trial lawyers aren't evil. . . "
Aha! the Freudian double-negative parapraxis!
I think that you'll find clients begging you to take their torts cases on contingency. Some, you will have to turn down and turn away, as they cry and beg. Not because the case won't pay (it won't), but because they don't have a legal leg to stand on.
And keep it in State court.
I think that there is a certain kernal of truth to your observation. There should be a litigation team, with a couple of the charlatan actors spouting off whatever the first-year associates feed them in the form of memos. The problem is, the trial lawyers don't read or digest the memoranda, and they seem ignorant of the whole jurisprudential background or context. They only know procedure.
But someone has to go to trial, FOR YOU or your loved one maybe.
I don't think that the Founding Fathers saw the military as a bastion against tyrany. They saw the law, and the militia, as our protectors. I'm pretty sure about that.
All of these Constitutional opinions begin in the trial courts. If your rights are violated, a lawyer or group of lawyers and paralegals is going to argue approximately everything in the trial court that they will argue in the appellate courts. In a trial, objections may be made on Constitutional grounds which will be important during an appeal. Failure to object at trial may eliminate your ability to raise the issue on appeal.
The trial will be on some day, in some room, with some Judge who is paying attention to the wrong things, and some guy who is your lawyer. The trial lawyer is like the airborne Ranger of Constitutional issues, only he has to drive to the courthouse and pay for parking.
You seem to more a Doctor of Jurisprudence than a lawyer.
An honorable person too.
You are in Texas, we have many chapters and you would be a real asset as a member. Not because you are a honest lawyer, but because you seem to be a good person.
Take care and thanks,
Eaker
Wow, this kind of high praise must be flattery! I'm a few hundred miles North and West of your most excellent State of Texas.
You know, they don't test about damages on the bar exam.
Our History, Philosophy and Law all blend together, and with Theology, they make up our ability to define true honor, and goodness. And we are gentlemen FReepers, every one.
Pray for W and Our History Making Troops
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