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Judge: Santa Monica Not Liable For Market Crash
http://cbs2.com/topstories/local_story_187080321.html ^ | Jul 6, 2006 5:01 am US/Pacific

Posted on 07/06/2006 2:01:19 PM PDT by BenLurkin

click here to read article


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To: BenLurkin

The last line of the story pretty much blows the whole case. How do you argue that the scheme was inherently dangerous if it operated 15 years without incident?

This was just the old 'deep pockets' routine again. The plaintiffs apparently didn't realize that Santa Monica isn't as big a push-over as Los Angeles is.


21 posted on 07/06/2006 2:20:46 PM PDT by ArmstedFragg
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To: BenLurkin

Who writes these headlines?


22 posted on 07/06/2006 2:33:36 PM PDT by Lunatic Fringe (Man Law: You Poke It, You Own It)
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To: ArmstedFragg
It's hard to be sure from the article but it sounds as though the City established immunity under Cal. Gov Code Section 830.6 "Design Immunity".

I agree with you in that the threatened appeal appears to attack the reasonableness of the design. (One of the elements of the immunity)

The court system is unpredictable though . . .

23 posted on 07/06/2006 2:33:45 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: Lunatic Fringe

They should set their 'sites' on avoiding 'market crashes'!


24 posted on 07/06/2006 2:34:44 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: BenLurkin
The court system is unpredictable though . . .

Wearing your 'understatement' hat today, I see.

25 posted on 07/06/2006 2:41:06 PM PDT by ArmstedFragg
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To: BenLurkin
The court system is unpredictable though . . .

Wait til the 9th circus gets this case.

26 posted on 07/06/2006 2:46:07 PM PDT by MediaMole
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To: BenLurkin
Tough loss for plaintiff lawyers.

We followed this case carefully on FR. It was no one's fault, but the unremorseful old codger who ran those poor people down. If he had been 16 they would have hung him.

27 posted on 07/06/2006 3:35:23 PM PDT by Smogger (It's the WOT Stupid)
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To: BenLurkin

The State of California should be held liable for letting that old guy drive.


28 posted on 07/06/2006 4:25:51 PM PDT by EricT. (SpecOps needs to paint the NYT building with a targeting laser.)
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To: EricT.

Somebody might point out that governments can't declare bankruptcy either. Orange county did at one time! So it it's OK to declare bankruptcy then the immunity from lawsuits might be severed too?


29 posted on 07/06/2006 4:33:08 PM PDT by Freedom4US
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To: Freedom4US

I seem to remember hearing somewhere that tort judgments in personal injury cases are NOT expunged by bankruptcy.


30 posted on 07/06/2006 5:01:27 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: BenLurkin

As a Santa Monica resident and taxpayer, I'm pleased.

Had the old geezer, who had no business driving at all, used the brake instead of the accelerator, fewer people would have been killed.

But since he had shallow pockets and the city big ones, guess who gets sued.

Give me a loser pay system.


31 posted on 07/06/2006 5:09:33 PM PDT by mgstarr
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To: BurbankKarl; BenLurkin

The accident I was involved in 2 wks ago was caused by an elderly man. He turned left in front of an oncoming car, and they both smashed into me sitting still. Shall I sue the state where the man was licensed (Ohio in this case)? I think so! The taxpayers of Ohio should pay!! /sarc

Ben -- it was 50th E and Ave M. The CHP on scene said they wouldn't be surprised to see the intersection change to include a stop light (or 3-way signs at minimum). It guess it's not an uncommon occurrance there, unfortunately.


32 posted on 07/09/2006 11:58:25 AM PDT by lainie
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To: lainie

You can talk to the local city or county (if that is anunincorporated area in the County) traffic engineers. They will have an accident history for that location using the Statewide Integrated Traffic Reporting System (SWTRS) which can then be compared against AASHTO or Caltrans standards to see if it 'meets warrant" for a traffic signal based upon accident history.


33 posted on 07/09/2006 12:04:19 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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