And now Councilmember Letitia James [D-Fort Greene] wants money for “serious, severe and permanent” injuries from David Day, who is described as an itinerant laborer. “Please don’t go forward with it,” Day is reported to have written to James. “You are famous and powerful while I’m a nobody without means who’s done you no harm.” [Brooklyn Paper]
16 Comments
I’ve done this before (walk into a trailer hitch, not the lawsuit part) and at worst it qualifies as a boo-boo… public officials abusing the legal system should be subject to additional damages because they are public officials charged with ensuring the integrity of the system we all live under.
You have to think outside the box.
The man could settle with her, agreeing to remove the hitch as long as she pays him monthly an amount equal to the lost income that the reduced capability of his vehicle cost.
Some companies sell caps fro trailer hitches. Some people just cut a tennis ball and slip it over the trailer ball. This guy could offer to have rubber likenesses of Councilmember Letitia James made up, and sold to slip over hitches. The question would then be if people saw the likeness, recognised her and kicked it, would the hitch’s owner still be responsible for injury by maintaining an attractive nuisance?
Someone posted an email exchange they had with James in the comments of the site. It’s golden. A perfect example of self entitled petty bureaucrats. Here’s some of the responses James gave to the person emailing her:
“I asked david to remove hitch and he refused. No Public funds are involved and I continue to be a champion of all of the things you cite. You have never joined me on any cause or issue relating to health care, poverty, etc.. This issue is about public safety and case will be dismissed when he removes hitch.”
“Have you ever heard of multi tasking? And it is rather unfortunate that you are so use to politicians not responding to your tirades, that you would be surprised by my immediate response to your baseless claims. I can handle the people’s business and still shut you down. Get the facts, remove the hitch and get a life.”
“Yes, and you care nothing about poverty, world peace or health care which is why you have so much time on your hand to email.”
I’m having trouble with the theory of liability here. Under what circumstances is a pedestrian not responsible for watching where she is going? The trailer hitch was not hard to see and was not situated in an area that she had a reasonable expectation of being free of obstacles. How is this different from a pedestrian suing a stationary person whom she walks into?
I think Day should bump into her car and counter-sue. Problem solved!
So where’s the negligence? There has to be a breach of a duty! I never knew anyone with a trailer hitch on a parked truck having such a duty towards pedestrians. Now on the other hand, a guy with a trailer hitch who miscalculates the length of his vehicle and backs the trailer hitch through the radiator of the car behind him is negligent.
Even if the liability hurdle is overcome, what are the injuries? A bruise on the shinny shin shin does not make a lawsuit. Finally, what lawyer would take a case with no liability and very questionable damages? (That was a rhetorical question).
Well, doesn’t this fit into the NYC culture where you can sue the city if you trip on an elevated (I think 1/4″) crack in the sidewalk that has been reported to the city, but not yet fixed?
[…] Read it. […]
In all seriousness, there should be a group of responsible lawyers somewhere who are tired of this bull crap and can offer this poor guy their services and counter-sue this woman.
Until some of you stand up to your frivolous suit generating peers and hit them where it hurts, none of this nonsense is ever going to stop.
Could the Councilmember be going after an extortionate settlement from Mr. Day’s insurance company. Brooklyn juries, like Bronx juries, love to redistribute wealth.
Never thought it was a big deal because I used to leave my hitch on too. I watched a 79 year old lady walk into one recently. Broken hip and broken elbow. It was so sad to see. This could have been anyones mother. Would you want this for her? I will never leave my hitch in place when I’m not using it ever again. People are just not looking down when they are walking. I felt really bad for her.
[…] bottom feeder is New York Councilmember Letitia James [D-Fort Greene], via Overlawyered: “[James] wants money for “serious, severe and permanent” injuries from David Day, who is […]
Every bass fisherman and woman in the nation has their attorney on speed dial awaiting the outcome of this one!
Doug,
Would you want this for her?
There is a difference between someone being injured and someone causing that injury.
Doug – you assume it’s a receiver hitch. I remove mine because in all probability it’s going to be me who takes one to the shin.
Doug, I have a unique solution to the problem, that in my great generosity will give away for free:
“People are just not looking down when they are walking.”
People should start looking down when they are walking.
No charge, Doug, but only for you, my friend.