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Judge Rejects Attempt to Claim Damages for Injuries Horse Lover Suffered on Date
New York Law Journal via law.com ^ | Noreen Walder

Posted on 09/16/2009 6:51:43 AM PDT by frithguild

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To: AnAmericanMother

The best I can say is I have been on a horse. I wouldn’t have called it “riding”. LOL


21 posted on 09/16/2009 7:13:21 AM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: frithguild

My daughter has ridden for years, and in the stable is clearly posted a Kansas law stating that just being in the barn means you accept any and all risks from being around the horses. So I’d say tort reform in that area is ahead of the curve.


22 posted on 09/16/2009 7:17:26 AM PDT by Non-Sequitur
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To: frithguild
"I'm a Liberal. Everyone is responsible for me . . . but me!"

I saw demonstrations of this belief every time I had the misfortune of driving through Cambridge, Mass. as good little Libs blithely hurled themselves into the path of my on-coming vehicle confident that a law requiring me to yield would in every instance bring half a ton of steel to a stop.

23 posted on 09/16/2009 7:19:34 AM PDT by Oratam
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To: socialismisinsidious
And what did this frivolous lawsuit cost him?

The insurance carrier for the defendant selected the defendant's attorney and directed him to file a summary judgment motion. Testimony of the dates, 2 hrs and 4 hrs max, motion papers 10 to 15 hrs max, oral argument 5 hrs max, including travel time. 25hrs. x $150/hr = $3,750.

this kind of BS is emotionally, physically and monetarily draining to those on the receiving end of this sort of shake down

Emotionally - receive the suit papers, give them to your insurance carrier, they do the work - you answer some written questions (1/2 hour of time max) and you appear for oral testimony - 2 hrs max. About as draining as filing tax returns as I see it.

Physically - not toll whatsoever.

Monitarily - $500 to $1,000 per year in homeowner's insurance premiums.

It seems you are making a straw man argument.

And in the medicine

A whole other subject - I will just treat that as off topic for now, otherwise we will spend all morning on this debate - ;)

24 posted on 09/16/2009 7:23:19 AM PDT by frithguild (Can I drill your head now?)
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To: DJ MacWoW

Haha, I have ‘been’ on a horse, too. Not for me.


25 posted on 09/16/2009 7:28:31 AM PDT by bboop (Tar and feathers -- good back then, good now)
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To: delphirogatio
She should be required to pay all the legal costsAbout $3,750, I estimate.

reimburse the courts for their wasted time

Courts have noting but time. Judges are the pinnacle of government employees. They spend most of their days doing nothing. Believe me!

26 posted on 09/16/2009 7:29:58 AM PDT by frithguild (Can I drill your head now?)
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To: frithguild

How much did the falsely accused have to spend on lawyers? How much did the state have to spend providing the judge and the court?

The accuser or her lawyers should have to pay these expenses.


27 posted on 09/16/2009 7:31:53 AM PDT by Born to Conserve
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To: ottbmare
If she had to have a craniotomy, it sounds as though she wasn’t wearing an approved helmet

An astute observation. However, note that she went over the front and had had several eye surgeries. She probably went face first into an obstacle the horse did not want to encounter. A typical helmet does not cover the face - Just ask Tuff Hedeman.

28 posted on 09/16/2009 7:35:23 AM PDT by frithguild (Can I drill your head now?)
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To: Born to Conserve

The insurance carrier for the defendant selected the defendant’s attorney and directed him to file a summary judgment motion. Testimony of the dates, 2 hrs and 4 hrs max, motion papers 10 to 15 hrs max, oral argument 5 hrs max, including travel time. 25hrs. x $150/hr = $3,750.

As far as the Courts - please - they waste time all day long. That’s like asking taxpayers to pay for government waste ... wait a minute!


29 posted on 09/16/2009 7:38:16 AM PDT by frithguild (Can I drill your head now?)
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To: bboop

My horse kept rubbing against trees trying to brush me off. After an hour of that and me clinging for dear life, she headed back to the stable. 40 years later I still remember why I’ve only been on a horse 3 times. :-)


30 posted on 09/16/2009 7:42:02 AM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: frithguild

Helmets don’t cover the face, but the brim fends off a lot of stuff. My little son was actually kicked in the face by a horse, but because he was wearing his Charles Owens, the hoof hit the brim, not his tiny fragile face. Another girl at the barn was kicked in the face and underwent years of reconstructive surgery.

Of course, helmets can’t fix everything. I also know a man who drives around in his electric wheelchair because he broke his neck. No helmet is going to prevent that. Horses are just risky.


31 posted on 09/16/2009 7:47:05 AM PDT by ottbmare (Ein Reich, ein Volk, ein Obama!)
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To: ottbmare

“Horse do stuff. Horses are dangerous. Even the most gentle horse weighs at least a thousand pounds, and few of them have much sense of responsibility. If you ride, you’re taking a risk. It’s part of the deal, and lawsuits don’t change that. If you don’t want to risk injury or death, don’t ride.”

Hear hear. Even the most gentle animals still have personalities. They can be easily startled. My dog is very gentle... just don’t get between him and a squirrel or chipmunk.

Maybe the horse saw a sewer rat. Or Chuck Rangel doing a real estate deal behind a tree. That’d make me jump.


32 posted on 09/16/2009 7:47:16 AM PDT by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: frithguild
You may not understand that this sort of lawsuit nonsense is draining, you may believe it shouldn't be taken as personal and that it can be shrugged off as mere paperwork for some insurance company but for most feeling people it is pervasive, time consuming, expensive (any amount of money is too much to pay for a shakedown), draining and yes physically it takes a toll. I suspect this is "just work" to you, but to those on the receiving end it's exhausting, excessive and too often unwarranted.

To be blunt, I shouldn't have to put up with even a minimal amount of bullshit b/c some lawyer sees a bull eyes on my back. It disgust me that men (women) make their livings by shooting buckshot at everything in site waiting for something to hit. You may want to believe that frivolous lawsuits aren't destructive but they are. They are destructive on a personal and societal level.

I have no more time to spend on this; it's obvious you have a horse (bad pun intended) in this race and will continue to argue that silly lawsuits do no harm.
33 posted on 09/16/2009 7:49:19 AM PDT by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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To: frithguild

Woman sues man - how 20th century. Hire Cass Sunstein and sue the horse.


34 posted on 09/16/2009 7:49:34 AM PDT by almcbean
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To: frithguild
What needs to be reformed?

That she and her lawyer did not have to pay the costs of the winning side.

35 posted on 09/16/2009 7:51:36 AM PDT by Onelifetogive (Liberals are always one genocide away from Utopia.)
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To: frithguild
I am not sure what you mean by this comment.

The liberal claim that Tort cases are only 3% of overall health care expenditures for providers..

36 posted on 09/16/2009 7:51:38 AM PDT by cardinal4 (Dont Tread on Me)
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To: Seruzawa

Seventy-five percent of the time when horses act up, it’s due to pilot error.


37 posted on 09/16/2009 8:08:22 AM PDT by ottbmare (Ein Reich, ein Volk, ein Obama!)
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To: ryan71; boxerblues; Hammy; Petruchio; Phinanceguy; DollyCali; Yorlik803; ...

My advice: Don't date liberals looking for a quick buck. Don't use Match.com Too many scammers. And, guys? Steer clear of Barbara Ann Stanislav.
38 posted on 09/16/2009 8:29:44 AM PDT by RandallFlagg (30-year smoker, E-Cigs helped me quit, and O wants me back smoking again?)
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To: frithguild

I agree judges are an excellent example of government employee mediocrity! My point was that someone should total up the amount of time the court system spent on this ridiculous claim, multiply that by the hourly rates of all involved and send this idiot woman a bill!


39 posted on 09/16/2009 8:50:37 AM PDT by delphirogatio (Many are the woes of the wicked, but the LORD's unfailing love surrounds the man who trusts in him.)
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To: socialismisinsidious

You are perceptive - I own a horse and I am an insurance lawyer.

Thank you for your thoughtful comments my FRiend


40 posted on 09/16/2009 9:19:39 AM PDT by frithguild (Can I drill your head now?)
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