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Message
1
Posted on 5/16/20 at 8:11 am to Elleshoe
Sudden emergency doctrine excuses those who are faced with a sudden emergency not of defendant's making.
To swerve is a very ordinary human reaction, reflexive.
Issue would likely have to be litigated, however. That's what courts and trials are for.
To swerve is a very ordinary human reaction, reflexive.
Issue would likely have to be litigated, however. That's what courts and trials are for.
Posted on 5/16/20 at 8:11 am to NIH
The real interesting convos are when the guys like tiger skin and that other guy get in bad accidents, get offered $14 for their medical bills, and end up in my office.
“I never thought I’d end up in an office like this talking to a lawyer, but...”
“I never thought I’d end up in an office like this talking to a lawyer, but...”
Posted on 5/16/20 at 8:12 am to Pierre
quote:
Most of not all of you if not all would do the same in his position.
Exactly.
I'm confounded by the number of people in here that are bashing him for doing so. It makes zero sense.
Posted on 5/16/20 at 8:12 am to NIH
it's definitely an ongoing argument where it's hard not to be a smug dickhead and talk about nuance
but these people need some nuance in their lives. they're just primed and biased against "lawsuits" and have no understanding of the actual argument/discussion. that's why people acting like the "tort reform" that is trying to be passed would make the attorney handling THIS case scared, is the height of ignorance
but these people need some nuance in their lives. they're just primed and biased against "lawsuits" and have no understanding of the actual argument/discussion. that's why people acting like the "tort reform" that is trying to be passed would make the attorney handling THIS case scared, is the height of ignorance
Posted on 5/16/20 at 8:14 am to RummelTiger
30 years of LABI and Chamber of Commerce PR campaigns telling people to limit their access to the courthouse for a variety of reasons.
And then Gordon McKernan stepped on a truck and all bets were off.
And then Gordon McKernan stepped on a truck and all bets were off.
This post was edited on 5/16/20 at 8:15 am
Posted on 5/16/20 at 8:15 am to Jake88
quote:
Why can't his insurance company?
Why should his insurance company pay for it when it was your wrongful action?
What if your wife goes to Piccadilly for her second serving and steps through a rotten floorboard. She requires an ACL repair. But unbeknownst to anyone, she develops necrotizing fasciitis and needs her leg amputated in an emergency surgery. Now, your wife is 36 years old and an amputee. You have to take time off of work to assist in her rehabilitation.
I’m sure as long as your health insurance company pays her medicals you’re ok with that being the sole recovery, right?
Posted on 5/16/20 at 8:15 am to boosiebadazz
Or dispute all lost wages
Posted on 5/16/20 at 8:16 am to SlowFlowPro
I practice in a state with tort reform
It’s not the brawndo laden paradise these guys expect
It’s not the brawndo laden paradise these guys expect
Posted on 5/16/20 at 8:17 am to RummelTiger
quote:70 mph. The vehicle that kicked up the debris was not in my lane but in the next lane to the right of me and was about 25 yards ahead of me. No weather issues. No distractions. No alcohol.
The fact is, though, that if that situation actually did happen on the road, then your speed would be taken into account, how close you were to the vehicle in front of you that kicked-up the debris, weather conditions, distractions in your car, had you been drinking, etc
I understand that point you're making. I was responding to a poster that said there are no "accidents" involving automobiles.
Posted on 5/16/20 at 8:19 am to tigerskin
If the operator was truly at fault and could’ve prevented the crash, suing them is spot on.
Our society is lawsuit happy but there are still times when it carries merit.
What I detest is people who have zero clue what her husband and family have gone through pontificate their righteous perspective.
For those that do, gfy.
Our society is lawsuit happy but there are still times when it carries merit.
What I detest is people who have zero clue what her husband and family have gone through pontificate their righteous perspective.
For those that do, gfy.
Posted on 5/16/20 at 8:19 am to Bestbank Tiger
quote:
required to collect life insurance.
nope. That's the reason that policies have accidental death provisions. life insurance will pay out regardless of suit is filed or not
Posted on 5/16/20 at 8:20 am to tigerskin
I served on a jury (Foreman) on a wrongful death, medical malpractice case. We were in the punitive stage and had to award compensation to the victim's family.
Putting a dollar figure to someone's life isn't an easy thing to do. A lot had to be considered and it was understood that if the Judge felt our dollar figure was excessive, he could throw it out and make his own decision.
Putting a dollar figure to someone's life isn't an easy thing to do. A lot had to be considered and it was understood that if the Judge felt our dollar figure was excessive, he could throw it out and make his own decision.
Posted on 5/16/20 at 8:21 am to SlowFlowPro
Yep
Lawsuit baaaddddd
They do this on many things where they have no idea of circumstances. It’s called being an a-hole.
Lawsuit baaaddddd
They do this on many things where they have no idea of circumstances. It’s called being an a-hole.
Posted on 5/16/20 at 8:22 am to Elleshoe
quote:It wasn't a wrongful act, per the poster Lammo above.
Why should his insurance company pay for it when it was your wrongful action?
quote:C'mon this isn't remotely similar to my hypothetical.
What if your wife goes to Piccadilly for her second serving and steps through a rotten floorboard. She requires an ACL repair. But unbeknownst to anyone, she develops necrotizing fasciitis and needs her leg amputated in an emergency surgery
And to be clear, I am not arguing against what the topic of this thread was regarding. I have no opinion on Ensminger's action at this point.
This post was edited on 5/16/20 at 8:25 am
Posted on 5/16/20 at 8:24 am to Pedro
quote:
This could be something to help cover funeral costs and such for all we know
That was tragedy and we all feel for the Ensminger family.
But I’m fairly certain they don’t need help paying for a funeral.
Posted on 5/16/20 at 8:25 am to tigerskin
quote:
You don’t deserve money for being emotionally upset about a death
But if the death was due to negligence?????
Posted on 5/16/20 at 8:25 am to Jake88
quote:
quote:
Why should his insurance company pay for it when it was your wrongful action?
It wasn't a wrongful act, per the poster Lammo above.
He raised a defense. Maybe it prevails and maybe it doesn’t. Either way, you still committed an act that injured someone else which may or may not be excused because of the sudden emergency
quote:
C'mon this isn't remotely similar to my hypothetical
Sure it is.. a wrongful or negligent act harming another. That is what you’re covered for. When you mess up, even if you didn’t necessarily intend to harm someone else.
This post was edited on 5/16/20 at 8:29 am
Posted on 5/16/20 at 8:29 am to tigerskin
quote:
It also claims the late pilot lacked experience or training to fly that particular plan in “less than ideal meteorological conditions,
This part is almost certainly nonsense, FWIW.
For the people who disagree with my statement: The pilot was multi-engine, commercially rated for 15 years and holds an instrument rating. There’s a zero percent chance he “lacked experience or training.”
This post was edited on 5/16/20 at 11:21 am
Posted on 5/16/20 at 8:29 am to tigerskin
OP, frick you. Get a goddamned life.
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