Jgore From Argentina, joined Feb 2002, 550 posts, RR: 2 Posted (11 years 3 months 4 days ago) and read 2130 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.
MxCtrlr From United States of America, joined Nov 2001, 2485 posts, RR: 37 Reply 2, posted (11 years 3 months 3 days 21 hours ago) and read 2078 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!
DAMN! This SUCKS! I just had to go to the next higher age bracket in my profile! :-(
MxCtrlr From United States of America, joined Nov 2001, 2485 posts, RR: 37 Reply 6, posted (11 years 3 months 3 days 18 hours ago) and read 2003 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.
DAMN! This SUCKS! I just had to go to the next higher age bracket in my profile! :-(
Greg From United Kingdom, joined May 2005, 0 posts, RR: 0 Reply 7, posted (11 years 3 months 3 days 15 hours ago) and read 1998 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.
VirginFlyer From New Zealand, joined Sep 2000, 4537 posts, RR: 48 Reply 8, posted (11 years 3 months 3 days 15 hours ago) and read 1971 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)
"So powerful is the light of unity that it can illuminate the whole earth." - Bahá'u'lláh
Tbird From United States of America, joined Oct 2001, 851 posts, RR: 20 Reply 10, posted (11 years 3 months 3 days 13 hours ago) and read 1926 times:
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.
Trickijedi From United States of America, joined May 2001, 3266 posts, RR: 5 Reply 15, posted (11 years 3 months 3 days 4 hours ago) and read 1812 times:
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!
Cmk10 From United States of America, joined Feb 2004, 513 posts, RR: 4 Reply 16, posted (11 years 3 months 3 days 4 hours ago) and read 1804 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?
"Traveling light is the only way to fly" - Eric Clapton
Flyinryan99 From United States of America, joined Feb 2001, 1948 posts, RR: 10 Reply 18, posted (11 years 3 months 3 days 1 hour ago) and read 1754 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.
Greg From United Kingdom, joined May 2005, 0 posts, RR: 0 Reply 19, posted (11 years 3 months 2 days 15 hours ago) and read 1706 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.
Ryanair!!! From Australia, joined Mar 2002, 4706 posts, RR: 26 Reply 20, posted (11 years 3 months 2 days 15 hours ago) and read 1690 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!
Cerulean From , joined Dec 1969, posts, RR: Reply 22, posted (11 years 3 months 2 days 14 hours ago) and read 1675 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).
Jwenting From Netherlands, joined Apr 2001, 10213 posts, RR: 20 Reply 23, posted (11 years 3 months 2 days 14 hours ago) and read 1667 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.