Edwin Rivera, a 22-year-old with cerebral palsy, was left over night in New York in the freezing temperature on New Year’s Eve after a bus driver left him on the bus in the depot. Criminal charges are being considered.
Linda Hockaday, 51, who helps the bus driver, faces charges of first- and second-degree reckless endangerment since she was aware that he was asleep on the bus but did not tell the driver. The temperature went done to 15 degrees that night.
The criminal case is analogous to the charges this week against a father and uncle who had youngsters try to walk ten miles in a winter storm in Idaho. Notably, however, they were charged with the second-degree murder of the young girl while here the charges seem more tailored. The case is also similar to the recent controversy over the abandonment of individuals in a hospital, here and here.
Hockaday could face a sentence of up to seven years if charged and convicted. Presumably the family will also file a tort lawsuit in addition to any criminal charge.
For the full story, click here.
rafflaw:
That trend has been constant or increasing since I first started looking at those figures in 1996. The website has a great graph showing the rising contract trend, the torts claims trending down. Man I hate liars and those willfully ignorant people,like most neo-cons, who want to lecture me on the legal system. Facts are persistent things aren’t they.
Mespo,
Great job with the NCSC report. The neocons allege that the courts are overflowing with suits filed by personal injury attorneys trying to rape corporations of their hard earned bailout funds. The report that you quoted is a slap in the Righ’s face with cold facts.
Mike:
According to the National Center for State Courts in Williamsburg, about 80% of the civil lawsuits are filings by corporations collecting money from consumers or other corporations.* I say let’s start litigation reform by limiting those suits.
* From the 2007 NCSC report: “In the aggregate, contract
cases represented 84 percent of general civil cases in unified courts, with torts and real property cases comprising 12 percent
and 4 percent, respectively. In general jurisdiction courts, the composition was slightly different with contract cases representing
77 percent of general civil cases, torts 18 percent, and real property cases 5 percent.”
Mespo,
Have you noticed that the right to sue is mostly decried when those bringing suit aren’t wealthy or socially prominent? Corporations and the wealthy rarely get criticized when they utilize their legal rights. I think back to the early career of Clarence Darrow and the problems he faced when suing Corporations for wrongful deaths. It seems that in the ensuing century+ the interests of the elite have again gained currency mostly due to a corporate controlled media.
Ohio:
“It wouldn’t be “American” not to sue.”
***************
Well we could handle it like lawless countries and resort to violence. Or we could handle like nations with an obsequious population and just take it. Or we could handle it like neo-cons and first distort the facts and then just let the victim suffer while criticizing him for being in this predicament in the first place. I like suing better.
“Presumably the family will also file a tort lawsuit in addition to any criminal charge.”
Dryly, well of course. It wouldn’t be “American” not to sue.