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I'm Just Fed Up With This Suing Fashion  
User currently offlineJgore From Argentina, joined Feb 2002, 550 posts, RR: 2
Posted (11 years 10 months 3 weeks 4 days 19 hours ago) and read 2333 times:

I'm just fed up of this f*ucking Suing Fashion
Look at this article.

A Long Island truck driver has sued American Airlines for $5 million, claiming he suffered physical and psychological injuries when the carrier's Flight 587 crashed in a Queens neighborhood last fall.
Edwin Devito, 37, of West Islip, N.Y., was delivering oil to a service station in Belle Harbor, Queens, on Nov. 12 when a jet engine fell from the A-300 Airbus into the station, his lawyer Andrew Siben said.

"Moments thereafter, there was a tremendous explosion that knocked him to the floor," Siben said. "He didn't know what had happened. The jet engine fell a few feet from him and his truck. It's a miracle this guy survived."

Siben said his client had back injuries but wasn't hospitalized. He said that his client suffers from nightmares and that the heart of the lawsuit is the claim for psychological injuries.

Devito's lawsuit, filed Friday in Manhattan's state Supreme Court, accuses American of negligence in the "operation, maintenance and control of the airplane" and "in allowing the accident to happen."

Devito's wife, Cami Devito, sued the airline for $50,000, claiming loss of her husband's "services, society and consortium."

Flight 587, flying from John F. Kennedy International Airport to the Dominican Republic, crashed around 9:15 a.m., killing 260 people on board and five on the ground.

Federal inspectors said the jet's tail broke off in wind turbulence.

Officials at American's headquarters in Texas said they could not comment on pending litigation.

Regards

jgore  Smile


23 replies: All unread, jump to last
 
User currently offlineJayce From Canada, joined Nov 1999, 520 posts, RR: 0
Reply 1, posted (11 years 10 months 3 weeks 4 days 17 hours ago) and read 2283 times:

I heard a robber broke into a guys house, fell and broke his neck, then sued because the owner of the house left some stuff on the floor. And the sad thing is I think he won.


"Trying is the first step towards failure" -Homer Simpson
User currently offlineMxCtrlr From United States of America, joined Nov 2001, 2485 posts, RR: 35
Reply 2, posted (11 years 10 months 3 weeks 4 days 16 hours ago) and read 2281 times:

No sadder than an idiot jury awarding an idiot smoker hundreds of millions of dollars because he "didn't know until the mid-90's that smoking was bad for him". No word on what rock he's been living under!

MxCtrlr  Smile/happy/getting dizzy



DAMN! This SUCKS! I just had to go to the next higher age bracket in my profile! :-(
User currently offlineBackfire From Germany, joined Oct 2006, 0 posts, RR: 0
Reply 3, posted (11 years 10 months 3 weeks 4 days 16 hours ago) and read 2279 times:

I hear there's a case going through at the moment where a woman is suing some chap for having an epileptic fit -- she's suing him for distress "caused by the look on his face".

I sincerely hope this is a wind-up. I'd slap the silly cow.


User currently offlineBoeing777/747 From Belgium, joined Dec 2001, 643 posts, RR: 0
Reply 4, posted (11 years 10 months 3 weeks 4 days 15 hours ago) and read 2253 times:

Sueing is typical American. Unfortunately Europe has been infected now too by this fashion though judges and laws here are happily somewhat different.

User currently offlineSchooner From United Kingdom, joined Oct 2001, 139 posts, RR: 0
Reply 5, posted (11 years 10 months 3 weeks 4 days 14 hours ago) and read 2224 times:

Backfire, she won, £3500.
Unbelievable.



Untouched and Alive
User currently offlineMxCtrlr From United States of America, joined Nov 2001, 2485 posts, RR: 35
Reply 6, posted (11 years 10 months 3 weeks 4 days 13 hours ago) and read 2206 times:

I agree with one of our local radio DJ's who suggested that any lawyer that files and represents a frivolous lawsuit like this, would be disbarred if they lost. That would make some of these shysters think twice before pursuing stupid, time-consuming lawsuits.

MxCtrlr  Smile/happy/getting dizzy



DAMN! This SUCKS! I just had to go to the next higher age bracket in my profile! :-(
User currently offlineGreg From United Kingdom, joined May 2005, 0 posts, RR: 0
Reply 7, posted (11 years 10 months 3 weeks 4 days 11 hours ago) and read 2201 times:

If the law allows it, you'll always find an attorney somewhere that will persue it.

What may seems frivolous to some, may not be to others. Clearly, Mr. Devito feels he is entitlted to some remedy for his trauma. If he was truely injured, then he should be compensated. Obviously, he is not going to get $5 million for a non-hospitalized injury. I would venture that $10-15K would be more like it.

Trust me, you have not even come close to seeing the lawsuits that we have turned down because of their absurdity. Every month we have a happy hour meeting and discuss them.


User currently offlineVirginFlyer From New Zealand, joined Sep 2000, 4537 posts, RR: 41
Reply 8, posted (11 years 10 months 3 weeks 4 days 10 hours ago) and read 2174 times:

In New Zealand, such frivolous law suits don't occur. In fact, you are not able to sue for personal injury (I believe the term is no-fault or something like that). Instead, there is a government owned companny called the ACC (Acident Compensation Corporation) that pays out compensation to people who are injured. It isn't a perfect system, but it seems to work pretty well (the hiccup of it being privitised and then re-nationalised by successive governments notwithstanding)

V/F



"So powerful is the light of unity that it can illuminate the whole earth." - Bahá'u'lláh
User currently offlineSccutler From United States of America, joined Jan 2000, 5490 posts, RR: 28
Reply 9, posted (11 years 10 months 3 weeks 4 days 10 hours ago) and read 2164 times:

To echo Greg's comments, it took a little while before I learned how to say no- politely- to ridiculous or just ill-advised lawsuits and claims.

Unfortunately, not all lawyers feel the same way.

While protected as "free speech," I contend lawyer advertising is the worst thing that has ever happened to the legal profession.



...three miles from BRONS, clear for the ILS one five approach...
User currently offlineTbird From United States of America, joined Oct 2001, 851 posts, RR: 19
Reply 10, posted (11 years 10 months 3 weeks 4 days 8 hours ago) and read 2129 times:

Greetings:

Siben and Siben are ambulance chases. They'll take any case that works into their office. I'm sure he'll get something out of it. It would be cheaper for AA to throw him 50,000 rather then paying for lawyers over time. If he was hurt that's one thing but psychological reasons what a crock. I hope he blows away the money he gets.

Regards
Tom


User currently offlineJgore From Argentina, joined Feb 2002, 550 posts, RR: 2
Reply 11, posted (11 years 10 months 3 weeks 4 days 8 hours ago) and read 2103 times:

I guess this suing fashion is the result of many people that make a really bad use of the Respect for the People that exist in United States.

jgore  Smile


User currently offlineGreg From United Kingdom, joined May 2005, 0 posts, RR: 0
Reply 12, posted (11 years 10 months 3 weeks 4 days 8 hours ago) and read 2098 times:

Frequently, it's not the actually lawsuit that is frivolous....just the compensation being sought.

User currently offlineRj777 From United States of America, joined Dec 2000, 1787 posts, RR: 2
Reply 13, posted (11 years 10 months 3 weeks 4 days 1 hour ago) and read 2027 times:

Is it just me, or does it seem like everybody is trying to bring United and American down?

What a bunch of yahoos!



User currently offlineJgore From Argentina, joined Feb 2002, 550 posts, RR: 2
Reply 14, posted (11 years 10 months 3 weeks 4 days ago) and read 2005 times:

Rj777
What are you talking about ?

jgore  Smile



User currently offlineTrickijedi From United States of America, joined May 2001, 3266 posts, RR: 5
Reply 15, posted (11 years 10 months 3 weeks 4 days ago) and read 2015 times:

Rj777,

I don't think that it's about brining UAL or AA down specifically. I think it's more about taking advantage of a significant situation that occured and capitalizing on it using the laws of the United States as its primary vehicle. If it was any other airline, this guy still would have pursued the lawsuit.



Its better to be on the ground wishing you were in the air than be in the air wishing you were on the ground. Fly safe!
User currently offlineCmk10 From United States of America, joined Feb 2004, 513 posts, RR: 3
Reply 16, posted (11 years 10 months 3 weeks 3 days 23 hours ago) and read 2007 times:

These damn suits are waisting my time and my tax-dollars. They also waste our time. You know i should sue AA and Airbus for having my mom wake me up to tell me that the plane crashed. Hell you know i missed 2 hours of sleep i can stick them for $2Million right?
DC-10's Forever



"Traveling light is the only way to fly" - Eric Clapton
User currently offlineUal777contrail From , joined Dec 1969, posts, RR:
Reply 17, posted (11 years 10 months 3 weeks 3 days 23 hours ago) and read 1988 times:

jayce,
what you heard was a line from the movie LIAR,LIAR with jim carey.


ual 707 contrail


User currently offlineFlyinryan99 From United States of America, joined Feb 2001, 2000 posts, RR: 12
Reply 18, posted (11 years 10 months 3 weeks 3 days 21 hours ago) and read 1957 times:

To me...it just seems that no one wants to take responsibility for their own lives with stupid lawsuits. I do think there are situations where if one was negligent (sp?), then the other is entitled to some kind of compensation. Also, to me, it seems that when a lawsuit is filed in a wrongful death a price has been put on that person's life...I don't think that can be done. I understand that if a family is left behind, that they'll need support, but it just seems that the prices keep getting more rediculous...I just hope I don't have to deal with this kind of situation.

Ry


User currently offlineGreg From United Kingdom, joined May 2005, 0 posts, RR: 0
Reply 19, posted (11 years 10 months 3 weeks 3 days 11 hours ago) and read 1909 times:

CMk10....specifically, how are these lawsuits a waste of your time? I'm just curious.

Yes, the compensation amounts being sought are reaching ridiculous levels. It's good to know that many of the more ridiculous awards are set aside by the judge and/or lowered by appeal. Clearly, it's an attempt to attract media attention. Forturnately, (or unfortunately if you are the lawyer) they may likely backfire if public opinion is not on your side.

Cases where media works: when there is a cover up, i.e. Firestone Tire

Cases where is doesn't: minor or 'trauma' injury victims demanding millions when actual 'loss of life' victims have similiar or lesser claims.

Also, and I think the other att'ys will agree: In many cases, insurance companies are VERY quick to settle small cases (under 25K)--making my job that much eaiser. I represented a friend (not through my firm) on a minor accident claim who only wanted reimbursement for doctors and lost wages--minor rehabiliation on his shoulder (about $4200 total). With three phone calls to the other insurance companies involved, we settle for a total $19,500 in less than an hour.
My point is that reform needs to be done at both sides.
And no, I did not take my 40% fee from my friend.


User currently offlineRyanair!!! From Australia, joined Mar 2002, 4749 posts, RR: 26
Reply 20, posted (11 years 10 months 3 weeks 3 days 10 hours ago) and read 1893 times:

Welcome to a liability-conscious society called "America". That you is why you have flight attendants who refuses to help disabled passengers. Everyone is suing for the slightest reason and by some strange twist of fate, the plaintiffs actually win... leading us to wonder about the justice systems of one of the free-est countires in the world.


Welcome to my starry one world alliance, a team in the sky!
User currently offlineLBA From United Kingdom, joined Nov 2000, 494 posts, RR: 0
Reply 21, posted (11 years 10 months 3 weeks 3 days 10 hours ago) and read 1884 times:

Another one for you from the UK news today.

A father is suing the Dean of Lincoln Cathedral for the distress caused to his daughter (13), a member of the choir, because she wasn't chosen to lead a procession and he thinks she should have been!!

Pathetic, how will the child ever learn about disappointment and the fact there are losers in this world.

Get a life father, donate some of your cash to a just cause instead of on lawyers fees.


User currently offlineCerulean From , joined Dec 1969, posts, RR:
Reply 22, posted (11 years 10 months 3 weeks 3 days 10 hours ago) and read 1878 times:

It would be cheaper for AA to throw him 50,000 rather then paying for lawyers over time.

That's exactly why cases like these proceed and continue to flourish, and the overall short sightedness of American executives. It's basically a free for all cash grab because these "plaintiffs" know that the Deep Pocketed Company will simply pay out.

What ever happened to principle?

Maybe if for once American Airlines (or McDonalds, or whoever) DID decide to pursue it, even if it costs three times the amount that the claimant is seeking, by stretching the case out over many years through appeal after appeal, these types of frivolous cases will lose their appeal to people because suddenly they cannot afford to retain a lawyer for 7 years, and they end up going bankrupt. If it these Corporations actually did put up a fight, then they'll save money in the long run because people will start to think twice before launching these ridiculous cases.

American should say "We're going to pay $50,000 out. But not to you. We're going to counter sue YOU for defamation (or whatever).

Watch how fast this guy drops his case.


User currently offlineJwenting From Netherlands, joined Apr 2001, 10213 posts, RR: 18
Reply 23, posted (11 years 10 months 3 weeks 3 days 10 hours ago) and read 1870 times:

The problem with that, Cerulean, is that the lawyers (they are really the ones sueing, the person behind them is paid to put his name on the paperwork and that's it) will usually win.
Select the right judge, work the jury (if any) with sad stories of a life ruined by the evil large corporation and you have an almost certain win.

Countersue might work, but can lead to bad PR of its own.



I wish I were flying
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