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High court to rule on tuna can case (Another, "What the .......?)
modbee ^ | 10-12-04

Posted on 10/12/2004 9:19:35 AM PDT by LouAvul

WASHINGTON (AP) - The Supreme Court agreed to consider Tuesday whether family members can sue in federal court after a 14-year-old girl cut her finger on a Star-Kist tuna can and suffered permanent damage.

snip..

Beatriz Blanco-Ortega, then 9, was at school in Puerto Rico when she cut her finger on the tuna can and bled profusely for nearly 30 minutes. After a nurse stopped the bleeding, her mother took her in for surgery. The doctor reported she suffered scarring and a minor permanent impairment that could get worse over time.

Blanco-Ortega and her family then filed separate lawsuits in federal court against Star-Kist Foods Inc. The girl's suit alleged physical damages and pain and suffering; the relatives claimed emotional distress after seeing the girl's anguish.

(Excerpt) Read more at modbee.com ...


TOPICS: Culture/Society
KEYWORDS: greedyplaintiffs; sleazylawyers; tortreform
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I think by now we all realize a can's opened lid can prove to be hazardous. Maybe the people at her school should be responsible.
1 posted on 10/12/2004 9:19:35 AM PDT by LouAvul
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To: LouAvul

You might be a moron if.....

Parents are scam artists.


2 posted on 10/12/2004 9:22:08 AM PDT by international american (Support our troops!! Send Kerry back to Bedlam,Massachusetts!!)
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To: LouAvul

"Sorry Charlie..."


3 posted on 10/12/2004 9:22:14 AM PDT by Semper Paratus
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To: LouAvul

I truly believe that we are not far off (especially if Edwards becomes VP) from people suing knife manufacturers (and winning) over things such as stabbings, and self inflicted wounds from poor care when using knives.


4 posted on 10/12/2004 9:22:23 AM PDT by Phantom Lord (Advantages are taken, not handed out)
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To: LouAvul

I smell something. It ain't tuna, however. It's a lawyer.


5 posted on 10/12/2004 9:22:47 AM PDT by bwteim (Begin With The End In Mind - "No, I am not Dr. Greg Cynaumon, Ph.D")
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To: LouAvul

I once fell and scraped my knee on some asphalt. There's a little scar there. Will John Edwards help me sue every paving company in the US? The asphalt I fell on did not carry a warning sign.


6 posted on 10/12/2004 9:23:18 AM PDT by ClearCase_guy (The fourth estate is a fifth column.)
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To: LouAvul

Edwards to the rescue!


7 posted on 10/12/2004 9:23:40 AM PDT by gimme1ibertee (Bolster your vote for W with prayer.....Let's see Kerry top THAT!!)
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To: LouAvul

Was John Edwards her attorney?


8 posted on 10/12/2004 9:24:19 AM PDT by theDentist (Proud Member of FreeRepublic 's "Pyjama-Hadeen")
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To: LouAvul

This is insane. My first question--how the hell did she cut her finger so badly that it was "permanent?"


9 posted on 10/12/2004 9:24:38 AM PDT by RockinRight (John Kerry is the wrong candidate, for the wrong country, at the wrong time)
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To: LouAvul

While the facts of this case may be questionable, the legal procedural issue is rather important...and one that I deal with on almost a weekly basis. This ruling will be extremely helpful.


10 posted on 10/12/2004 9:27:29 AM PDT by ContemptofCourt
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To: LouAvul
To qoute the Justice Stevens- "There is something fishy about this case."
[Opening line from Steven's dissent in Maine v. Taylor, 477 U.S. 131 (1986)]

11 posted on 10/12/2004 9:28:28 AM PDT by COEXERJ145
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To: LouAvul

WTF is absolutely correct - so much for personal responsibility and stupidity is a capital offense.

Sheesh!


12 posted on 10/12/2004 9:29:28 AM PDT by roaddog727 (The marginal propensity to save is 1 minus the marginal propensity to consume.)
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To: LouAvul
Typically, parties suing for personal injury and emotional distress prefer juries in local courts, so Blanco-Ortega's situation is unusual because Puerto Rico doesn't provide for jury trials there, they said.

I wonder why the prefer "juries in local courts"? (you really don't have to answer)

13 posted on 10/12/2004 9:29:50 AM PDT by the_devils_advocate_666
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To: LouAvul; All

My goodness - they have literally made a federal case out of this? I wonder what the specific "issue" is that is important enough to get to the Supreme Court.

This is ridiculous. People will sue for anything. they should be ashamed.

What would happen if the anti-abortion folks took a page from the gun control people who sued gun manufacturers? The pro-life people could allege that the forceps, or whatever, used during abortions posed a health risk or was defective, and try to bankrupt the manufacturer. (I'm not talking the specifics of abortion or gun control, just the idea of this litigation getting out of control.) I bet we'd have tort reform from Edwards then!


14 posted on 10/12/2004 9:30:27 AM PDT by cvq3842
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To: COEXERJ145

qoute=quote


15 posted on 10/12/2004 9:30:56 AM PDT by COEXERJ145
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To: COEXERJ145

BUMP!


16 posted on 10/12/2004 9:32:09 AM PDT by Publius6961 (The most abundant things in the universe are hydrogen and stupidity.)
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To: LouAvul

My son did exactly this seven or eight years ago. Pretty nasty cut needing stitches. My wife called the company and commented that they need to know this is a problem. Without asking they demanded to pay all medical bills and followed up several times to make sure everything was fine.

In other words this has been a problem for a while. But a lawsuit for a cut. I'm looking at all the scares I have from my childhood...... maybe there is a chance yet....


17 posted on 10/12/2004 9:33:51 AM PDT by Quick Shot
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To: LouAvul
Lets see - how can we hit the lawsuit jackpot:

sue the can manufacture - bad design
sue the can opener manufacture - no warning label
sue the school - no supervision of a minor
sue the retailer who sold the can to the school - endangering a minor
sue the school nurse - improper care that resulted in the impairment
sue the doctor - just 'cause

[/sarcasm]
[come on folks, lets see how long we can make the list]
18 posted on 10/12/2004 9:38:34 AM PDT by taxcontrol (People are entitled to their opinion - no matter how wrong it is.)
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To: Phantom Lord
"I truly believe that we are not far off (especially if Edwards becomes VP) from people suing knife manufacturers (and winning) over things such as stabbings, and self inflicted wounds from poor care when using knives."

I remember buying a kitchen knife a couple of years ago and being choked with laughter when I noticed this on the package, "Warning! One edge may be sharp.".

Well, duh...

19 posted on 10/12/2004 9:43:49 AM PDT by Gingersnap
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To: LouAvul

You should have seen my tounge after I once licked the tuna oil from the lid...

Owwww....


20 posted on 10/12/2004 9:46:24 AM PDT by baltodog (This space for lease)
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