It's time to put an end to outrageous lawsuits (a must read)

The Buffalo News ^ | 07/02/02 | MIKE GOVENETTIO

[Phantom Lord]

It's time to put an end to outrageous lawsuits

In case you missed it, a Genesee County man recently won $1.7 million in his negligence lawsuit against Delaware & Hudson Railroad, after one of its trains forgot to wake the man up before cutting his leg off.

That's right. Someone fell asleep on railroad tracks, and then sued someone else for - of all things - negligence. He then went on to win a lifetime supply of money for it. I actually shouldn't say he won it, though. He settled for it. Personally, I'd settle for still being alive.

His attorneys claim that he had four or five beers before falling asleep on the tracks, which sort of makes me wonder why he didn't try suing the beer company - if not for making the most powerful beer in the history of the world, then for its negligence in not telling him what a train is.

Here's another thing I wonder: If this guy gets $1.7 million for sleeping on train tracks, why don't I get even more than that for not sleeping on train tracks? I think it's insulting that people like this get loads of money, while everyone with common sense has to work for a living.

Then again, maybe I'm just bitter that I missed my chance at a good lawsuit. See, when I was about 6 years old, I got this thing called a Pogo Ball. For those of you who don't know what that is, it's basically this ball that you hop on, sort of like a pogo stick without a handle.

Anyway, when I went outside to try it out, my mom said, "I'll be out with you in five minutes. Do not get on that thing until I come out there to watch you." I agreed, and 30 seconds later I was sprawled on the driveway with my entire face covered in blood.

Had this happened in 2002, I could have easily sued my mom, Hasbro, the inventor of blacktop and the makers of any video games that involved jumping - all for millions of dollars - and won.

Unfortunately, this happened in 1987, so all I got were a couple of ice cubes, a washcloth and my Pogo Ball taken away from me for a week.

But I don't blame the guy who fell asleep on the tracks. I'm not giving his name out of fear that he'll sue me for $12 billion, but I don't blame him about the railroad thing.

As of right now, there's no law against demanding ridiculous amounts of money over something that was your own fault, so why stick the company with your hospital bill when you can get $1.7 million instead?

But that's the problem: He still doesn't deserve $1.7 million for it. If you spill a cup of coffee in your lap and burn yourself, it's too bad, because you spilled it.

If your child lights himself on fire because he saw someone on a TV show do it, the TV show does not owe you a huge cash prize.

And if you're a criminal who tries suing someone because you hurt yourself trying to rob them, I think a judge should legally be able to laugh in your face, whack you over the head with a giant court mallet while saying "case dismissed" and have you thrown in jail for a few years just for being stupid.

[Phantom Lord]

Why would the company settle with this guy?

Is it time for one who is 'down on their luck' to fall asleep behind the wheels of someones car for the purpose of being run over when they leave for work and then sue them and the maker of the car, tires and driveway for millions?

I think i have found my plan.

[chudogg]

The most ridiculous part is the warnings that come on products nowadays. Companies literally have to write "warning: do not heat on stove and then insert product into rectum" cuz some idiot out there would actually do it, and then sue. Maybe that goes a little to far, but you see where im going with this.

[Viva Le Dissention]

Really, when it comes right down to it, $1.7 m isn't *that* much money.

The company probably calculated the cost of defense at trial, the cost of appeals, the negative publicity that would come from trial, and then offered him a check for that amount.

Call it a nuisance suit, cut your losses, and move on. This guy lost his legs, which is serious--that could have resulted in a lot bigger verdict if it went to trial. Here in Indiana, a trucker who was crushed between a truck cab and the trailer sued Kroger and won $55 million, largest verdict in Indiana history.

Sounds like similar injuries, and this train company might have been thinking of that when it wrote that check.

[Phantom Lord]

Here in Indiana, a trucker who was crushed between a truck cab and the trailer sued Kroger and won $55 million, largest verdict in Indiana history.

Did the trucker drink beer and then fall asleep between the cab and trailer?

[TomGuy]

E-ne, mee-ne, mi-ne, mo...

[Trying to decide which foot I'll sacrifice. Heck, for $1.7 million...well, that would be $340k per toe...ok...little toe, it was nice knowing ya. Let's get to the tracks before the 11:29 freight comes through. BBLMLT -- be back later minus little toe.]

[nevergore]

I think i have found my plan. "

Sorry, that's my plan....beat ya' to it....

Right now I'm laying face-up on GA 400 sending this message with my PDA....OOhhh...here comes a car....shifting lanes quickly....

Oh darn, missed...

Hey, this is harder than I thought.....

Maybe I'll just visit the local McDonalds and spill a cup of coffee....

Okay P.M., the roadkill plan is yours again.....

NeverGore :^)

[TomGuy]

This is about as idiotic as a verdict in Little Rock.

A guy was stealing hubcaps from a car parked at a house. He was on the passenger side. Owner/driver came out of the house, got in, started backing out of the driveway. Drove over culprits fingers. Culprit was awarded over $14,000 in medical damages from the owner/driver.

[Zon]

You make the point of how wrong these kind of bogus lawsuits are. It's easier to go along to get along. Thus opening the door to an increasing stream of frivolous lawsuits.

[Steve_Seattle]

It used to be a no-brainer that walking across a railroad trestle or playing on railroad tracks was a bit risky. Not that nobody ever did it, of course, but suing the railroad didn't seem to be an option in those days. It was assumed that people who took risks sometimes paid a price.

[CIB-173RDABN]

Jack in the Box as a warning on their coffee cups:

Warning. Hot coffee is hot!

[John O]

The people who won these frivolous lawsuits need to have their names and addresses posted on a site somewhere so all the criminals will be able to track the fresh meat. I figure that street justice will eventually catch up to these criminal whiners. (some people are just too stupid to live and we have been awarding them millions for it instead of fixing the problem by laughing at them and sending them away)

God Save America (Please)

[Wolfie]

Yes, of course, I'll be waiting patiently for the various Legislatures, made up mostly of attorneys, to put a stop this nonsense.

[Truth Addict]

It's easier to go along to get along. Thus opening the door to an increasing stream of frivolous lawsuits.

You hit the nail on the head here, Zon. It is usually the insurance company that elects to settle rather than risk a huge verdict, thereby perpetuating the cycle.

I have a friend who is an engineer for a ski boat manufacturer. Half of his time is spent travelling around the country testifying on behalf of his company about the construction of their boats because someone is accusing negligence. It is never a problem with the quality and workmanship of the boat, it is always the boater trying to do something he shouldn't have. These are world class ski boats, but they are made for calm water use. When two guys get drunk and take their boat out into the inlet when there are small craft advisories and twenty foot waves, and the boat sinks, it is the fault of the driver, not the boat. Yet, after days of testimony, the insurance provider for the boat company always offers several million dollars, and the case is settled, paving the way for the next idiot (or survivors) who gets killed or injured to sue the next time, and for the boat company to add another sticker on the boat warning people not to be stupid.

He gets very frustrated with this because he is sure he would win, but the insurance company would rather settle and be safe than run the small risk of a huge judgement.

[Phantom Lord]

Thats one of the things I like about Wal-Mart. They REFUSE to settle any suits. NONE. If you sue them, your going to court and going to have to win your case there.

[Phantom Lord]

Addition: Thats if there is not clear negligence on Wal-Marts part. If they clearly are at fault they have no problems bucking up.

[Truth Addict]

Is Wal-Mart self-insured? The problem with my friend's boat company is that when the insurance company wants to settle, they have no choice but to go along, even if they want to fight it out.

[Zon]

He gets very frustrated with this because he is sure he would win, but the insurance company would rather settle and be safe than run the small risk of a huge judgement.

I'm not sure I totally agree with your assessment of he insurance companies motive. When they pay out-of-court settlements they raise their premium rates. If they stopped lawsuits in their tracks by fighting tooth and nail they can't justify raising their rates. At least only able to raise them a fraction to cover legal expenses.

[Truth Addict]

If they stopped lawsuits in their tracks by fighting tooth and nail they can't justify raising their rates.

I agree that this is an important factor in their reasoning. I also believe that fears of gigantic judgements are a factor also. IOW, we're both right.

[The Californian]

These frivolous lawsuits are terrible. The further problem is trying to get liability insurance when trial lawyers have attacked your trade. We have been trying to get liability insurance for doing concrete work - all the insurers are pulling out of California because the trial lawyers have targeted the housing industry. The insurers pay them off, then can't afford to do business here. It is a vicious circle.

[Quilla]

My company was involved with a frivolous lawsuit concerning a construction injury. We were not at fault. Apparently after discovery and depositions, the lawyers suing me realized they didn't have a legal leg to stand on. Originally they were suing for "an amount that so far exceeded the jurisdiction of the court," they couldn't write it down. My insurance company authorized my attorney to settle for $5000 as they had incurred $10,000 in attorney fees already. I wanted full exoneration and they of course refused to spend the additional funds. Upon my recommendation, we offered $2500 and they took it. Case closed? Nope. The wife of the injured party (he broke his elbow) sued me for lack of conjugal visits. Now, I don't know what they do at their house but at my house, elbows don't enter into ... well, you get my drift. Fortunately, it was summarily dismissed.