Comments on: Divine Slip and Fall: Court Rejects Fallen Wire of Jewish Eruv as Dangerous Condition http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/ Res ipsa loquitur ("The thing itself speaks") Mon, 23 Nov 2009 20:44:26 +0000 http://wordpress.com/ hourly 1 By: jonno http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48376 jonno Mon, 20 Apr 2009 09:42:21 +0000 http://jonathanturley.org/?p=10132#comment-48376 Please do not tell me that there is only a 1% increase in prices to make up for frivilous lawsuits. My wife was pulling out of a blind spot in a parking garage at 1-2 mph at the most last year. The spot was against a wall and she TAPPED a guy on a bike's front tire. there was no damage to the bike, the guy wasnt knocked to the ground, and in fact laughed about it when my wife who was stressed out gave him our insurance info. Two days later the guy got a lawyer and tried to sue us. our insurance went up about 65% and they fought and won in court showing that the parking garage was negligent in placing a spot next to the wall and caused the hazardous conditions which led to the accident. When they refused to lower our insurance back down and we left they reported an at fault accident and so began the nightmare that was trying to get insured at a reasonable rate. We had to hire an attourney at our own expense to fight the insurance company (I can't even say the name of the company per my lawyer, as he tells me I could be sued for slander for making accusations before the case is settled). So please dont tell me that this is not an overly letigious society and that all of the other frivilous lawsuits havent raised my insurance rates in the past either. I have a perfect driving record and so does my wife, but our rates seemed to go up all the time even prior to this nightmare. Please do not tell me that there is only a 1% increase in prices to make up for frivilous lawsuits.

My wife was pulling out of a blind spot in a parking garage at 1-2 mph at the most last year. The spot was against a wall and she TAPPED a guy on a bike’s front tire. there was no damage to the bike, the guy wasnt knocked to the ground, and in fact laughed about it when my wife who was stressed out gave him our insurance info. Two days later the guy got a lawyer and tried to sue us. our insurance went up about 65% and they fought and won in court showing that the parking garage was negligent in placing a spot next to the wall and caused the hazardous conditions which led to the accident. When they refused to lower our insurance back down and we left they reported an at fault accident and so began the nightmare that was trying to get insured at a reasonable rate. We had to hire an attourney at our own expense to fight the insurance company (I can’t even say the name of the company per my lawyer, as he tells me I could be sued for slander for making accusations before the case is settled).

So please dont tell me that this is not an overly letigious society and that all of the other frivilous lawsuits havent raised my insurance rates in the past either. I have a perfect driving record and so does my wife, but our rates seemed to go up all the time even prior to this nightmare.

]]> By: Mike Spindell http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48311 Mike Spindell Sun, 19 Apr 2009 19:17:40 +0000 http://jonathanturley.org/?p=10132#comment-48311 Korn, It would be helpful in the future if you actually had minimal understanding of the topics you comment on, rather than something you heard on Rush. It would make it ever so nice to be able to disagree with someone, who has the wit to at least make the disagreement interesting. "Tort Reform" as pushed by the Republican Party simply means let our wealthy corporations do whatever they want and forget about those they hurt in the process. Korn,
It would be helpful in the future if you actually had minimal understanding of the topics you comment on, rather than something you heard on Rush. It would make it ever so nice to be able to disagree with someone, who has the wit to at least make the disagreement interesting. “Tort Reform” as pushed by the Republican Party simply means let our wealthy corporations do whatever they want and forget about those they hurt in the process.

]]> By: rafflaw http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48304 rafflaw Sun, 19 Apr 2009 18:35:52 +0000 http://jonathanturley.org/?p=10132#comment-48304 Mespo, Well done, but I doubt that this latest incarnation of trolls will be concerned with the facts. He/she has his/her marching orders and nothing will stand in the way of fulfilling that neacon duty. Not even the facts. Mespo,
Well done, but I doubt that this latest incarnation of trolls will be concerned with the facts. He/she has his/her marching orders and nothing will stand in the way of fulfilling that neacon duty. Not even the facts.

]]> By: Queen of Sheba http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48257 Queen of Sheba Sun, 19 Apr 2009 14:24:37 +0000 http://jonathanturley.org/?p=10132#comment-48257 mespo- I like your OT better than Korn's rant and your (probably fruitless) attempt to educate him. Looks like the polar bears have already been to the party - at least this is what a lot of guests look like when the party's over and the host is trying to get them off his couch and out the door. Happy Earth Day! mespo-
I like your OT better than Korn’s rant and your (probably fruitless) attempt to educate him.

Looks like the polar bears have already been to the party – at least this is what a lot of guests look like when the party’s over and the host is trying to get them off his couch and out the door. Happy Earth Day!

]]> By: mespo727272 http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48245 mespo727272 Sun, 19 Apr 2009 13:28:54 +0000 http://jonathanturley.org/?p=10132#comment-48245 Off topic but in honor of Earth Day. Here's some polar bears getting ready for the party: http://www.poster.net/anonymous/anonymous-polar-bear-playtime-4800386.jpg Off topic but in honor of Earth Day. Here’s some polar bears getting ready for the party:

http://www.poster.net/anonymous/anonymous-polar-bear-playtime-4800386.jpg

]]> By: mespo727272 http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48243 mespo727272 Sun, 19 Apr 2009 13:21:57 +0000 http://jonathanturley.org/?p=10132#comment-48243 korn: How about this rant: The cost of tort litigation adds a whopping 1.8 percent to the costs of goods in this Country as determined by that great friend of plaintiffs George W. Bush via his Council of Economic Advisers. That figure was echoed by the admitted flawed Tillinghast-Towers Perrin Study which again was financed by that other great benefactor of plaintiffs, the insurance industry. While that study did measure the costs of litigation it did not credit it with its primary benefit namely the reduction death and injuries and the associated medical costs. The Congressional Budget Office estimates the costs of direct payments to be 1.02 percent, but let's take the figures more favorable to your side. Here's the information if you wants facts to base your opinions on. To this point your brain seems fueled by talking points: http://www.epi.org/publications/entry/bp157/ http://www.cbo.gov/doc.cfm?index=4641&type=0&sequence=5 korn:

How about this rant: The cost of tort litigation adds a whopping 1.8 percent to the costs of goods in this Country as determined by that great friend of plaintiffs George W. Bush via his Council of Economic Advisers. That figure was echoed by the admitted flawed Tillinghast-Towers Perrin Study which again was financed by that other great benefactor of plaintiffs, the insurance industry. While that study did measure the costs of litigation it did not credit it with its primary benefit namely the reduction death and injuries and the associated medical costs. The Congressional Budget Office estimates the costs of direct payments to be 1.02 percent, but let’s take the figures more favorable to your side. Here’s the information if you wants facts to base your opinions on. To this point your brain seems fueled by talking points:

http://www.epi.org/publications/entry/bp157/
http://www.cbo.gov/doc.cfm?index=4641&type=0&sequence=5

]]> By: korn http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48237 korn Sun, 19 Apr 2009 12:57:34 +0000 http://jonathanturley.org/?p=10132#comment-48237 I wrote: "Oh, sure, I will hear the rant “everybody despises attorneys until they need one”. That argument is hollow as long as we don’t have a loser pay court system." That didn't take long did it. I got a list of five or six reasons from a clown that calls himself Anonymously why I would be entitled to maybe a million dollars (oops, the attorney would get 35% so the million is $650,000) at a cost to society of enouraging even more litigation every time soneone trips & falls. YOU DON"T GET IT DO YOU! Society cannot AFFORD paying up millions for life's eventual and predictable accidents that befall virtually all of us. GOOD LORD WAKE UP! At some point the pot runs out of money. I wrote: “Oh, sure, I will hear the rant “everybody despises attorneys until they need one”. That argument is hollow as long as we don’t have a loser pay court system.”

That didn’t take long did it. I got a list of five or six reasons from a clown that calls himself Anonymously why I would be entitled to maybe a million dollars (oops, the attorney would get 35% so the million is $650,000) at a cost to society of enouraging even more litigation every time soneone trips & falls.

YOU DON”T GET IT DO YOU! Society cannot AFFORD paying up millions for life’s eventual and predictable accidents that befall virtually all of us. GOOD LORD WAKE UP!

At some point the pot runs out of money.

]]> By: Anonymously Yours http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48232 Anonymously Yours Sun, 19 Apr 2009 12:43:21 +0000 http://jonathanturley.org/?p=10132#comment-48232 Korn, Have you ever been beaten by a Police Officer? How would you feel if your child died from a Drunk doctor charged with her surgical care? How about a Drunken city bus driver? what about if you were driving down the road paying attention to all of the traffic signal and an officer was engaged in a High-Speed pursuit and failed to turn its light and sirens on? You had the right away at the intersection! How about you bought your dream house. You are asleep and a fire suddenly breaks out. The house is a total mess and the fire Marshall cannot figure out how the fire started? It is a choice between, negligent construction, you started the fire because you have a bad credit rating and are having difficulty paying the mortgage, or you got drunk and passed out and ended up in the hospital where you had no ideal how the fire started. While you are in the hospital you develope an infection because of the hospitals negligence after EMS dropped you off of the gurney and they failed to realize you had a latent COPD and you nearly die? Who in your mind should be liable? All of these are cases that I have handled. What would be your feelings on these issues? Korn,

Have you ever been beaten by a Police Officer? How would you feel if your child died from a Drunk doctor charged with her surgical care? How about a Drunken city bus driver? what about if you were driving down the road paying attention to all of the traffic signal and an officer was engaged in a High-Speed pursuit and failed to turn its light and sirens on? You had the right away at the intersection!

How about you bought your dream house. You are asleep and a fire suddenly breaks out. The house is a total mess and the fire Marshall cannot figure out how the fire started?

It is a choice between, negligent construction, you started the fire because you have a bad credit rating and are having difficulty paying the mortgage, or you got drunk and passed out and ended up in the hospital where you had no ideal how the fire started. While you are in the hospital you develope an infection because of the hospitals negligence after EMS dropped you off of the gurney and they failed to realize you had a latent COPD and you nearly die? Who in your mind should be liable?

All of these are cases that I have handled. What would be your feelings on these issues?

]]> By: korn http://jonathanturley.org/2009/04/19/divine-slip-and-fall-court-rejects-fallen-wire-of-jewish-eruv-as-dangerous-condition/#comment-48230 korn Sun, 19 Apr 2009 12:12:33 +0000 http://jonathanturley.org/?p=10132#comment-48230 Maybe there is still hope that someday the price of everything we buy won't be inflated by the cost of huge insurance premiums or direct losses from the multitude of attorneys out there making their living, and our life hell, suing everybody. Oh, sure, I will hear the rant "everybody despises attorneys until they need one". That argument is hollow as long as we don't have a loser pay court system. Maybe there is still hope that someday the price of everything we buy won’t be inflated by the cost of huge insurance premiums or direct losses from the multitude of attorneys out there making their living, and our life hell, suing everybody.

Oh, sure, I will hear the rant “everybody despises attorneys until they need one”. That argument is hollow as long as we don’t have a loser pay court system.

]]>