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fxramper
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Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:42 am

Guess he's got that hot young wife to pay for huh?   

http://www.cleveland.com/open/index....ep_dennis_kucinich_sues_cafet.html
 
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Aaron747
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:44 am

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
 
Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:58 am

An olive?
An olive ?

Good grief!

I used to respect this man.
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RussianJet
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:58 am

Should an idiot like that really be in such a position of power and responsibility?
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WarRI1
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 2:06 am

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.
 
N1120A
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 2:22 am

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
 
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WarRI1
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 2:56 am

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.
 
ArmitageShanks
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 3:03 am

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?
 
Quokka
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 3:17 am

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.
 
Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 3:23 am

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.
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Aaron747
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 5:20 am

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  
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DeltaMD90
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 5:30 am

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.
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JBirdAV8r
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 5:41 am

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?
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Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 5:58 am

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.....
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dragon-wings
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:13 am

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.
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Aaron747
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:18 am

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
 
Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:26 am

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
 
N1120A
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:57 am

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.
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Doona
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 7:58 am

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?      

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RussianJet
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 12:25 pm

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.
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Quokka
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 12:43 pm

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?
 
luv2fly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:13 pm

With the amount of insurance he has that we pay for, most likely he did not even have a co-pay!
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windy95
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 1:45 pm

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.
 
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fxramper
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 2:11 pm

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?   
 
luv2fly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 4:44 pm

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.
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Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 5:26 pm

Quoting fxramper (Reply 23):
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?

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 in his system, his teeth would have been strong enough to survive the olive.

Quoting luv2fly (Reply 24):
e is running scared with the new redistricting going to happen to his district.

Perhaps an extra $150,000 would pad his early retirement from Congress.
Looks like Dennis Kucinich is having a Cynthia McKinney moment.

Quoting N1120A (Reply 17):
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.

Spoken like a true lawyer.  
Bring back the Concorde
 
Mir
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:14 pm

Stuff happens. Please let this one be thrown out.

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.

It's pretty much common knowledge that if you eat pitted olives, there is a slight chance that you will encounter one where the pitting process didn't work as intended.

Quoting RussianJet (Reply 19):
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.

  

Quoting fxramper (Reply 23):
Who bites down on a sandwich so hard that it would cause this much damage?

I've done what he did numerous times, and I incurred no tooth damage as a result. Perhaps he wasn't taking proper care of his teeth. Or perhaps he chose to bite with more enthusiasm than would be expected from a reasonable person. Perhaps the cafeteria should counter-sue.

Ah, the out-of-control American legal system.  

-Mir
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Aaron747
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Thu Jan 27, 2011 6:27 pm

Quoting N1120A (Reply 17):
Where is anyone talking about a penalty or punitive damages?

I'm not talking about punitive damages, I'm talking about shelling out $150K for a tooth, or whatever nonsense number they're demanding.

Quoting N1120A (Reply 17):
Also, do you understand what a penalty is under the law?

Absolutely, but I'm not coming at this from a legal angle. To the layman, a penalty is anything you pay for doing something wrong, so this $100K+ figure comes across as penalization of the sandwich maker. Semantically, this is not a discussion of technical penalties.

Quoting N1120A (Reply 17):
It can mean all sorts of things.

Some of which are true, while just as many of are not. Points for creativity though.

Quoting N1120A (Reply 17):
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.

I'm plenty honest with myself - there are things nobody ever likes about the defense side. Like digging deep to find drug addiction on a terminal cancer patient involved in an MVA - talk about a moral quandary. Just the same, the system is laden with liars and fraudulent claims - and everyone pays for it in the end. It's hard to even believe some of the stuff I've seen, much less that anyone would try to get away with any of it.

Quoting Quokka (Reply 20):
That comes across as an opinion and not as an explanation.

Never let facts get in the way - oh that's right, none of us know what they actually are, including N1120A.
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Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Fri Jan 28, 2011 1:42 am

Quoting Aaron747 (Reply 27):
I'm talking about shelling out $150K for a tooth, or whatever nonsense number they're demanding.

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). Airfare & hotel for 1 week, $3000 USD.
He can get all of that done for $3200 USD.
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Aaron747
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Fri Jan 28, 2011 2:05 am

Quoting Superfly (Reply 28):
He can get all of that taken care of at the Bumrungrad Hospital for 6000 baht ($200 USD).

Pretty sure that facility is my dad's favorite thing about living in Bangkok. He says it's absolutely amazing.
If you need someone to blame / throw a rock in the air / you'll hit someone guilty
 
Superfly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Fri Jan 28, 2011 2:08 am

Quoting Aaron747 (Reply 29):
Pretty sure that facility is my dad's favorite thing about living in Bangkok. He says it's absolutely amazing.

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.  
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N1120A
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Fri Jan 28, 2011 8:02 pm

Quoting windy95 (Reply 22):
Loser pays the whole bill.

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.

Quoting Quokka (Reply 20):

That comes across as an opinion and not as an explanation.

Exactly. My opinion.

Quoting RussianJet (Reply 19):
Look, you eat something with olives in, you have to be prepared for the fact there may be a stone.

Except that the nature of eating a sandwich means you will likely bite into it if you don't know its there.

Quoting luv2fly (Reply 24):
Being from Ohio and having run into him at some chariety events he is an Ass, with a capitol A!

I met him and his wife (then girlfriend) at MDW once. Seemed plenty nice to me.

Quoting Superfly (Reply 25):
Looks like Dennis Kucinich is having a Cynthia McKinney moment.

I actually talked to a US Capitol Police officer about what happened to McKinney. He said his colleague was completely in the wrong.

Quoting Aaron747 (Reply 27):
I'm not talking about punitive damages, I'm talking about shelling out $150K for a tooth, or whatever nonsense number they're demanding.

The whole "$150,000 lawsuit" thing is something the media simply seizes on so people can feed on the insurance company forced animus. I have no idea where they got that number from, but there is no real requirement to actually plead a damage number. Indeed, it may be something to plead a procedural minimum amount.
Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
 
luv2fly
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Sat Jan 29, 2011 12:19 am

Quoting N1120A (Reply 31):
Quoting luv2fly (Reply 24):
Being from Ohio and having run into him at some chariety events he is an Ass, with a capitol A!

I met him and his wife (then girlfriend) at MDW once. Seemed plenty nice to me.

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, though no comment on the amount made off said lawsuit.
You can cut the irony with a knife
 
RussianJet
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Sat Jan 29, 2011 7:36 am

Quoting N1120A (Reply 31):
Except that the nature of eating a sandwich means you will likely bite into it if you don't know its there.

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 stands - eating food is not always hazard-free, and any reasonable person knows that. Stones, pips, bones, choking on a piece of lettuce, whatever.
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Asturias
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RE: Rep. Kucinich Sues Govt Cafeteria For $150k

Sat Jan 29, 2011 10:11 am

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 tooth on olive pits and they're QUITE common around here!

That said, I don't know anything or care about any particular US politician. But olive pits, I do know.

asturias
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