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Rep. Kucinich Sues Govt Cafeteria For $150k  
User currently offlinefxramper From United States of America, joined Dec 2005, 7186 posts, RR: 86
Posted (3 years 5 months 4 weeks 17 hours ago) and read 1793 times:
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Guess he's got that hot young wife to pay for huh?   

http://www.cleveland.com/open/index....ep_dennis_kucinich_sues_cafet.html

34 replies: All unread, showing first 25:
 
User currently offlineAaron747 From Japan, joined Aug 2003, 8021 posts, RR: 26
Reply 1, posted (3 years 5 months 4 weeks 17 hours ago) and read 1791 times:

This kind of lawsuit is a sign of mental illness. That's the only conclusion I can draw, seriously.  


If you need someone to blame / throw a rock in the air / you'll hit someone guilty
User currently offlineSuperfly From Thailand, joined May 2000, 39684 posts, RR: 75
Reply 2, posted (3 years 5 months 4 weeks 17 hours ago) and read 1764 times:

An olive?
An olive ?

Good grief!

I used to respect this man.



Bring back the Concorde
User currently offlineRussianJet From Belgium, joined Jul 2007, 7688 posts, RR: 21
Reply 3, posted (3 years 5 months 4 weeks 17 hours ago) and read 1763 times:
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Should an idiot like that really be in such a position of power and responsibility?


✈ Every strike of the hammer is a blow against the enemy. ✈
User currently offlineWarRI1 From United States of America, joined Sep 2007, 8843 posts, RR: 10
Reply 4, posted (3 years 5 months 4 weeks 16 hours ago) and read 1753 times:

Quoting Superfly (Reply 2):
An olive?
An olive ?

Good grief!

I used to respect this man.

Is he a supporter of Tort Reform? Probably not.



It is better to die on your feet, than live on your knees.
User currently offlineN1120A From United States of America, joined Dec 2003, 26357 posts, RR: 76
Reply 5, posted (3 years 5 months 4 weeks 16 hours ago) and read 1729 times:

I love how people who really have no idea about the legal system try and make commentary on it.

Quoting Superfly (Reply 2):
An olive?
An olive ?

Good grief!

I used to respect this man.

Did you read the article? Their shoddy work broke his tooth and required him to undergo multiple surgeries.

Quoting WarRI1 (Reply 4):

Is he a supporter of Tort Reform? Probably not.

"Take David's sling and give it to Goliath. Now you understand Tort (de)reform"



Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
User currently offlineWarRI1 From United States of America, joined Sep 2007, 8843 posts, RR: 10
Reply 6, posted (3 years 5 months 4 weeks 16 hours ago) and read 1708 times:

Quoting N1120A (Reply 5):
Quoting WarRI1 (Reply 4):

Is he a supporter of Tort Reform? Probably not.

"Take David's sling and give it to Goliath. Now you understand Tort (de)reform"

I did say that in jest. I have never sued anyone. Would I , yes if it was warranted.



It is better to die on your feet, than live on your knees.
User currently offlineArmitageShanks From UK - England, joined Dec 2003, 3607 posts, RR: 15
Reply 7, posted (3 years 5 months 4 weeks 15 hours ago) and read 1698 times:

Quoting Aaron747 (Reply 1):
This kind of lawsuit is a sign of mental illness. That's the only conclusion I can draw, seriously.

What is that supposed to even mean?


User currently offlineQuokka From , joined Dec 1969, posts, RR:
Reply 8, posted (3 years 5 months 4 weeks 15 hours ago) and read 1676 times:

Quoting N1120A (Reply 5):
Did you read the article? Their shoddy work broke his tooth and required him to undergo multiple surgeries


Please, it is alleged. For all we know, shoddy dental hygiene may have been the cause. Nothing has been decided yet as the case hasn't even been heard. We don't actually know who, if anybody, was responsible for anything shoddy.

I suppose that he will have kept the pit and proof of purchase so that it can be lodged in evidence.


User currently offlineSuperfly From Thailand, joined May 2000, 39684 posts, RR: 75
Reply 9, posted (3 years 5 months 4 weeks 15 hours ago) and read 1669 times:

Quoting N1120A (Reply 5):
Did you read the article?

Yes I did.


They contend the congressman is entitled to damages for future dental and medical expenses and to compensate him for pain, suffering, and loss of enjoyment.

Loss of enjoyment?!?!?!  Wow!
He lost a tooth, not his penis!


On the day of the incident, Kucinich chaired a hearing that examined whether cattle were being abused in California slaughterhouses.
  

This almost sounds like an Onion article.



Bring back the Concorde
User currently offlineAaron747 From Japan, joined Aug 2003, 8021 posts, RR: 26
Reply 10, posted (3 years 5 months 4 weeks 13 hours ago) and read 1615 times:

Quoting ArmitageShanks (Reply 7):
What is that supposed to even mean?

It means only a mentally incompetent person would sue over an alleged pitted olive.

Quoting N1120A (Reply 5):
I love how people who really have no idea about the legal system try and make commentary on it.

Agree with you often but not on this.

Quoting N1120A (Reply 5):
Their shoddy work broke his tooth and required him to undergo multiple surgeries.

Right, like the shoddy waiters' trays that have led to $220K in physical therapy and orthopedic surgery for one of our claimants.   The woman claims she can't work yet she's on surveillance video shlepping a 3 year-old all over Wal-Mart and tending to her horses. Puhhhhleaaze  



If you need someone to blame / throw a rock in the air / you'll hit someone guilty
User currently offlineDeltaMD90 From United States of America, joined Apr 2008, 7801 posts, RR: 52
Reply 11, posted (3 years 5 months 4 weeks 13 hours ago) and read 1613 times:

Quoting Rep. Dennis Kucinich:
They contend the congressman is entitled to damages for future dental and medical expenses

I'll give him that one, maybe

Quoting Rep. Dennis Kucinich:
and to compensate him for pain,

eh...

Quoting Rep. Dennis Kucinich:
suffering,

Uh...

Quoting Rep. Dennis Kucinich:
and loss of enjoyment.

WTF. BS! I hate these stupid lawsuits. Cover the medical expenses, but for everything else, cry me a river! MAYBE in extreme cases should someone get money over "pain," but:

Quoting Superfly:

An olive?
An olive ?

Took the words right out of my mouth.



Ironically I have never flown a Delta MD-90 :)
User currently offlineJBirdAV8r From United States of America, joined Jun 2001, 4488 posts, RR: 21
Reply 12, posted (3 years 5 months 4 weeks 13 hours ago) and read 1608 times:

Quoting N1120A (Reply 5):
Their shoddy work broke his tooth and required him to undergo multiple surgeries.

Question: If the alleged cause of Kucinich's injury proven untrue, coud the defendants (in theory) sue you for libel over this statement? Would they have to prove your statement caused them damage?



I got my head checked--by a jumbo jet
User currently offlineSuperfly From Thailand, joined May 2000, 39684 posts, RR: 75
Reply 13, posted (3 years 5 months 4 weeks 13 hours ago) and read 1598 times:

Quoting Aaron747 (Reply 10):
It means only a mentally incompetent person would sue over an alleged pitted olive.

Lots of information out there on veganism and mental illness. I haven't come across any hard evidence yet (mainly because I haven't cared enough to search for it) but there are lots of questions out there and correlations between vegan and being mental handicapped.
Every vegan I've met seemed to be a bit strange.....



Bring back the Concorde
User currently offlinedragon-wings From United States of America, joined Apr 2001, 3978 posts, RR: 0
Reply 14, posted (3 years 5 months 4 weeks 12 hours ago) and read 1590 times:

Did you see what the lawyers said about the sandwich?

"Said sandwich wrap was unwholesome and unfit for human consumption in that it was presented to contain pitted olives, yet unknown to plaintiff, contained an unpitted olive or olives which plaintiff did not reasonably expect to be in the food prepared for him, and could not visually detect prior to consumption," the lawsuit said.

Unfit for human consumption? Really? Because of a ovlive pit?  
Quoting N1120A (Reply 5):
Did you read the article? Their shoddy work broke his tooth and required him to undergo multiple surgeries.

That didn't stop him from going on FOX news on April 24th to discuss rising fuel prices.



Don't give up don't ever give up - Jim Valvano
User currently offlineAaron747 From Japan, joined Aug 2003, 8021 posts, RR: 26
Reply 15, posted (3 years 5 months 4 weeks 12 hours ago) and read 1584 times:

Quoting DeltaMD90 (Reply 11):
Cover the medical expenses, but for everything else, cry me a river! MAYBE in extreme cases should someone get money over "pain,"

Have to agree. There will always be egregious cases that call for substantial penalties. We had a case a few months back where a guy hit a woman crossing the street giving her permanent memory loss, dementia, and severe damage to her upper spinal column. She was only 46   After reviewing the particulars, my boss recommended the insurer immediately pay the full $880K demand by the plaintiff. I doubt if the client will ever hire him again, but it was the right call IMO.

Quoting Superfly (Reply 13):
Every vegan I've met seemed to be a bit strange.....

Anyone who would reject consuming fish and fowl at the very least would have to be nuts  



If you need someone to blame / throw a rock in the air / you'll hit someone guilty
User currently offlineSuperfly From Thailand, joined May 2000, 39684 posts, RR: 75
Reply 16, posted (3 years 5 months 4 weeks 12 hours ago) and read 1575 times:

Quoting dragon-wings (Reply 14):
Did you see what the lawyers said about the sandwich?

"Said sandwich wrap was unwholesome and unfit for human consumption in that it was presented to contain pitted olives, yet unknown to plaintiff, contained an unpitted olive or olives which plaintiff did not reasonably expect to be in the food prepared for him, and could not visually detect prior to consumption," the lawsuit said.

Unfit for human consumption? Really? Because of a ovlive pit?

WOW!
Just WOW!  Wow!
Life never ceases to amaze me.

Dennis Kucinich should never buy a box of chocolates. He'll never know what he'll get.

Quoting Aaron747 (Reply 15):
Anyone who would reject consuming fish and fowl at the very least would have to be nuts

  
I say the same about steak, sausage, barbecued pork, bacon, salmon, duck, lamb and chicken breast.

Quoting dragon-wings (Reply 14):
hat didn't stop him from going on FOX news on April 24th to discuss rising fuel prices.

Oh you can't question that because he is being 'Green'.   



Bring back the Concorde
User currently offlineN1120A From United States of America, joined Dec 2003, 26357 posts, RR: 76
Reply 17, posted (3 years 5 months 4 weeks 12 hours ago) and read 1563 times:

Quoting Superfly (Reply 9):
Yes I did.


They contend the congressman is entitled to damages for future dental and medical expenses and to compensate him for pain, suffering, and loss of enjoyment.

Loss of enjoyment is a term of art. It can mean all sorts of things. In this case, it means the loss of enjoyment of having a mouth full of teeth that work right. As someone who has recently had to deal with dental work, I can say it is not fun trying to contend with that.

Let me put it another way, and one I think you will understand. There is a remedy for what we term "loss of use." It usually comes into play when people can't use their expensive car or something of the sort while it is being fixed or they have to order a new one. There is a valuation put on that. Same thing with your tooth.

Quoting Aaron747 (Reply 10):

Agree with you often but not on this.

It appears you work for an insurance defense lawyer, right? If so, you should already know what I'm saying is true if you are honest with yourself.

Quoting JBirdAV8r (Reply 12):
If the alleged cause of Kucinich's injury proven untrue, coud the defendants (in theory) sue you for libel over this statement?

For restating the facts as they were stated in the complaint so people could understand it better? No.

Quoting JBirdAV8r (Reply 12):
Would they have to prove your statement caused them damage?

Yes. I don't even know the restaurant, but if they had left an olive pit in, I would consider that shoddy work.

Quoting dragon-wings (Reply 14):

"Said sandwich wrap was unwholesome and unfit for human consumption in that it was presented to contain pitted olives, yet unknown to plaintiff, contained an unpitted olive or olives which plaintiff did not reasonably expect to be in the food prepared for him, and could not visually detect prior to consumption," the lawsuit said.

Translated from legalese - They said the olives were pitted so that the short guy with the big ears and hot wife could eat it without worrying about breaking his tooth. They completely screwed up and left at least one unpitted olive in there which no one in their right mind, including the short guy with the big ears and hot wife, could have known without having severe OCD or x-ray vision.

Quoting Aaron747 (Reply 15):
There will always be egregious cases that call for substantial penalties.

Where is anyone talking about a penalty or punitive damages? In fact, if he is suing an actual government entity (I'm guessing they contract the cafeteria out, but you never know), he can't get punitive damages.

Also, do you understand what a penalty is under the law? He isn't asking for one, because I don't know of a single jurisdiction that authorizes a civil penalty for negligence or what could possibly be considered very minor product liability.

Quoting DeltaMD90 (Reply 11):
Cover the medical expenses, but for everything else, cry me a river! MAYBE in extreme cases should someone get money over "pain," but:

A response like that will get you kicked off a jury for cause by any judge in their right mind. We don't put people in jail for most torts like they do in places like France. A jury or judge figures out an amount commensurate to the harm they believe was experienced and award that. You don't allow people to simply have no remedy for what they have experienced.



Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
User currently offlineDoona From Sweden, joined Feb 2005, 3764 posts, RR: 13
Reply 18, posted (3 years 5 months 4 weeks 11 hours ago) and read 1543 times:

Quoting RussianJet (Reply 3):
Should an idiot like that really be in such a position of power and responsibility?

New to Amercan politics, I take it?      

Cheers
Mats



Sure, we're concerned for our lives. Just not as concerned as saving 9 bucks on a roundtrip to Ft. Myers.
User currently offlineRussianJet From Belgium, joined Jul 2007, 7688 posts, RR: 21
Reply 19, posted (3 years 5 months 4 weeks 6 hours ago) and read 1503 times:
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Quoting N1120A (Reply 5):
Did you read the article? Their shoddy work broke his tooth and required him to undergo multiple surgeries.

Oh man, shoddy work? Look, you eat something with olives in, you have to be prepared for the fact there may be a stone. You want to eat fish? Prepare yourself for the odd stray bone. you want to take no personal responsibility in life whatsoever? Eat nothing but liquidised soup.



✈ Every strike of the hammer is a blow against the enemy. ✈
User currently offlineQuokka From , joined Dec 1969, posts, RR:
Reply 20, posted (3 years 5 months 4 weeks 6 hours ago) and read 1488 times:

Quoting N1120A (Reply 17):
For restating the facts as they were stated in the complaint so people could understand it better? No.

If that is indeed what you did. However, your post above is not written in a manner that suggests you were merely explaining the claim in layman's terms. Instead of writing, "The Congressman claims that..." you state, without qualification:
Quoting N1120A (Reply 5):
Their shoddy work broke his tooth and required him to undergo multiple surgeries.

That comes across as an opinion and not as an explanation. Hence my earlier reply:
Quoting Quokka (Reply 8):
Please, it is alleged.

Quoting N1120A (Reply 17):
Yes. I don't even know the restaurant, but if they had left an olive pit in, I would consider that shoddy work.

Like you, I don't know the restaurant (not surprisingly) so I don't know whether they sell ready made sandwiches or whether each is made on demand from fresh ingredients. The fact that three separate companies are being sued may suggest that the food may not have been entirely prepared on the premises. To avoid the "shoddy work" to which you refer, would you expect the restaurant to "unmake" the sandwiches to check each and every olive?


User currently offlineluv2fly From United States of America, joined May 2003, 12090 posts, RR: 49
Reply 21, posted (3 years 5 months 4 weeks 5 hours ago) and read 1476 times:

With the amount of insurance he has that we pay for, most likely he did not even have a co-pay!


You can cut the irony with a knife
User currently offlinewindy95 From United States of America, joined Dec 2008, 2707 posts, RR: 8
Reply 22, posted (3 years 5 months 4 weeks 5 hours ago) and read 1462 times:

Quoting N1120A (Reply 5):
Did you read the article? Their shoddy work broke his tooth and required him to undergo multiple surgeries.

You have to love lawyers. Maybe missing an olive pit is shoddy work? This is why our legal system and Insurance system is in such disarray. People trying to make a buck from their own mistakes or an accident and the lawyers that support this. Tort reform...Loser pays the whole bill.

Quoting Superfly (Reply 9):
He lost a tooth, not his penis!

LOL

Quoting RussianJet (Reply 19):
Oh man, shoddy work? Look, you eat something with olives in, you have to be prepared for the fact there may be a stone. You want to eat fish? Prepare yourself for the odd stray bone. you want to take no personal responsibility in life whatsoever? Eat nothing but liquidised soup.

Agree with you on this..Stuff happens in life.



OMG-Obama Must Go
User currently offlinefxramper From United States of America, joined Dec 2005, 7186 posts, RR: 86
Reply 23, posted (3 years 5 months 4 weeks 4 hours ago) and read 1448 times:
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Who bites down on a sandwich so hard that it would cause this much damage? He's old and his teeth are already brittle and unkempt. The life expectancy of his teeth are already pretty much shot. Have you seen the guy smile on Meet the Press before?   

User currently offlineluv2fly From United States of America, joined May 2003, 12090 posts, RR: 49
Reply 24, posted (3 years 5 months 4 weeks 2 hours ago) and read 1395 times:

Being from Ohio and having run into him at some chariety events he is an Ass, with a capitol A! How he gets reelcted is beyond me, though he is running scared with the new redistricting going to happen to his district.


You can cut the irony with a knife
25 Post contains images Superfly : He isn't that old but he is a vegan. He is deficient in may nutrients that make you stronger. Perhaps if he had meat or at least animal bi-products i
26 Post contains images Mir : Stuff happens. Please let this one be thrown out. It's pretty much common knowledge that if you eat pitted olives, there is a slight chance that you w
27 Aaron747 : I'm not talking about punitive damages, I'm talking about shelling out $150K for a tooth, or whatever nonsense number they're demanding. Absolutely,
28 Superfly : They should send him here to Thailand for his tooth. He can get all of that taken care of at the Bumrungrad Hospital for 6000 baht ($200 USD). Airfar
29 Aaron747 : Pretty sure that facility is my dad's favorite thing about living in Bangkok. He says it's absolutely amazing.
30 Post contains images Superfly : Best hospital ever! I'm sure those cute nurses there would laugh their a$$ off if they heard Dennis Kucinich complain about a damn olive.
31 N1120A : Are you insulting the United States? The American Rule is a product of nearly 300 years of jurisprudence, under both colonial rule and as a Republic.
32 luv2fly : Maybe he tought he could count on you voting for him. Anyway! Saw on the news that both parties have settled to terms that both parties agree to, tho
33 RussianJet : Were they invisible olives? Or is the problem now the fact that they put olives in there and didn't tell him? Whatever the case, the original point s
34 Asturias : All I know is that olive pits are quite harmless for the teeth and I've chewed on many of them without problems. I don't know anyone who has broken a
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