N.Y.: “Senator Alesi Sues Couple that Declined to Press Charges Against Him”

by Walter Olson on January 23, 2011

“State Senator Jim Alesi fell off a ladder and broke his leg at someone else’s unfinished home three years ago – and now he’s blaming the homeowners for his injury. Alesi is also suing the home builder, Louis DiRisio.” Alesi has said he was checking out the development and didn’t realize the house in question, which he entered through an unlocked basement door, had already been sold to owners. The homeowners’ right to sue Alesi for trespassing has now expired under the statute of limitations, and they may be rethinking their decision not to press charges at the time. [WHAM, WHEC, Rochester Democrat & Chronicle] Update: he drops suit.

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1 Richard Nieporent 01.23.11 at 10:25 am

Think of this as a variation of the story of a burglar who sues the homeowner for injuries he received when he broke into the home. Too bad the homeowner did not press charges. Why would Aleski break into a unfinished house? The only person who would have an interest in going through a home under construction is the buyer. The reason they have model homes is so that you can see what the finished house looks like. Hopefully the votes will punish him for this.

2 Bill Poser 01.23.11 at 2:29 pm

I would think that the fact that the access to the upper floor was a ladder rather than a staircase should have clued in Alesi that the house he was in was not available for inspection, thereby defeating any presumption of safety for visitors.

3 Suzanne Lucas 01.23.11 at 2:56 pm

Is it Alesi who is suing or his health insurance company? When my daughter broke her arm in our own living room, and therefore not covered by homeowner’s insurance, our medical insurance people asked us two times to swear that it happened in our own house. “Are you sure it didn’t happen somewhere else?” they said.

I’d hate to blame him for suing if it was out of his control.

4 Bumper 01.23.11 at 8:05 pm

Why wasn’t he charged with criminal breaking and entering? Front door locked, goes around back to an unlocked door and has to climb a ladder to gain access. Criminal trespass at the very least. Around here if you don’t own it and you aren’t invited – you don’t go in it.

5 Waste93 01.23.11 at 8:23 pm

Surprised he didn’t sue the ladder manufacturer too.

6 Smart Dude 01.24.11 at 1:36 am

Alessi should also sue the estate of Sir Isaac Newton, for that darned gravity thing of his.

Plus, the fact that he is a mentally challenged ungrateful waste of oxygen co-artist might also be a sympathy factor for the jury.

7 Patrick 01.24.11 at 9:22 am

Suzanne, he’s a State Senator. If it wasn’t his idea to sue, he could get that message out.

8 Patrick 01.24.11 at 9:29 am

By the way, at least he’s not a hypocrite. He’s an honest fool.

When I finished doubletaking on reading this story, I cast about for evidence that he’s a supporter of tort reform to put a gloss on this (because, like many other, hence lesser blogs, my own site feeds off Overlawyered for good material), and couldn’t find a thing.

The best I could find was evidence that the New Insurance Association, a lobby that’s quite interested in tort reform, holds fundraisers for him and endorses him, something the NYIA may wish to reconsider when the time comes.

9 jack smitt 01.24.11 at 6:41 pm

Typical New York Pol must of hit his head too.Good luck with your reelection Bubba Gump. ”Mama says stupid is as stupid does”

10 N 01.24.11 at 9:52 pm

Newsflash: You can’t “press charges” for criminal trespass based on an accidental entry. Try googling “mens rea” some time.

11 Bob Lipton 01.24.11 at 10:13 pm

How do you accidentally climb a ladder?

Bob

12 steve mansfield 01.28.11 at 12:16 pm

As an atty, I am ashamed of members of my profession who bring these kinds of lawsuits. It makes us all look bad.

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