Posts Tagged ‘personal responsibility’

“Former Taco Bell Exec Sues Uber Driver He Attacked For $5 Million”

“The Taco Bell exec who got canned from his job after he was caught on video drunkenly attacking his Uber driver is suing the driver for $5 million. … The suit says that it’s against California state law to record someone without their consent.” A lawyer for Uber driver Edward Caban says plaintiff Benjamin Golden’s lawyer is incorrectly invoking the California law, which he says bans audio but not video recording. [LAist]

N.B. Note reader David C.’s advice in comments that the privacy suit appears to be a counterclaim to an existing lawsuit by the driver, always an important piece of context, and that the in-car tape recorded both audio and video of the incident.

“Daughter of actor Paul Walker files wrongful-death suit against Porsche”

“The teenage daughter of actor Paul Walker filed a wrongful-death suit Monday against Porsche AG, alleging defects in the car that the 40-year-old star of ‘The Fast and the Furious’ franchise rode in when he was killed in a fiery crash nearly two years ago….Authorities believe the car was traveling at more than 90 mph before it slammed into trees and a concrete street light …. Reports by the L.A. County Sheriff’s Department and the California Highway Patrol show that investigators found unsafe speed and not mechanical problems to be responsible for the crash.” [L.A. Times]

Suit: concert hall should have known visitor would slide down banister

“Defendants improperly used a ‘sticky substance’ such as double-sided tacky tape to increase friction on the banister and deter concertgoers from sliding down it,” according to the complaint against the owners of Buffalo’s Tralf Music Hall. “Unfortunately, this ‘sticky substance’ caused decedent Dr. Verma to lose his center of gravity and caused him to drop in between the staircase and the wall.” The lawsuit also says the theater’s owners knew that alcohol was served on the premises. The deceased was a 28-year-old medical doctor reportedly serving as a first-year resident. [Courthouse News, WIVB]

Dorian Johnson sues Ferguson and Darren Wilson

After the shooting of Michael Brown in Ferguson, Mo., a quick, high-profile round of on-camera media interviews by Brown’s friend Dorian Johnson helped establish the public narrative that officer Darren Wilson had stopped Brown and Johnson for no better reason than walking in the street, and that a peaceable Brown had been gunned down while trying to surrender with his hands in the air. To put it mildly, several key elements in this account were not well supported by the investigations later conducted by the U.S. Department of Justice and others, and Johnson’s version of events was further put in shadow by the revelation that before the police stop he had accompanied Brown into a convenience store where Brown committed a strong-arm robbery of cigars later handed off to Johnson. At any event, Johnson has now filed a lawsuit against the town and against Wilson for being stopped and for the subsequent gunfire: Johnson wasn’t hit, but says he was endangered by the shots. [NBC News] Meanwhile, the chairman of the large law firm of Winston & Strawn will receive $1,300 an hour to represent Ferguson in the Justice Department probe. [Debra Cassens Weiss, ABA Journal]

“JetBlue Pilot Who Caused Flight Diversion Sues Airline for $15 Million”

“A JetBlue Airways Corp. pilot whose erratic behavior forced the diversion of a flight from New York to Las Vegas in 2012 sued the airline for $14.9 million, claiming it shouldn’t have allowed him to fly. … [Clayton] Osbon claims in his complaint that a ‘complex partial brain seizure’caused him to run down the plane’s aisle, screaming about religion and terrorist attacks before he was restrained by passengers. He said JetBlue’s failure to ground him before the flight caused him public embarrassment and the loss of his career and reputation.” [Bloomberg]

“Liability Concerns Prompt Some Cities to Limit Sledding”

Sad on multiple levels [AP]:

[Omaha assistant city attorney Tom] Mumgaard said courts in Nebraska have decided cities must protect people, even if they make poor choices.

Most people realize that cities must restrict potentially dangerous activities to protect people and guard against costly lawsuits, said Kenneth Bond, a New York lawyer who represents local governments. In the past, people might have embraced a Wild West philosophy of individuals being solely responsible for their actions, but now they expect government to prevent dangers whenever possible.

I’d say there’s more than one kind of downhill toboggan momentum we might want to worry about. Commentary: Lenore Skenazy (“If we believe that ‘whenever possible’ = ‘imagining all possible dangers, no matter how remote, and actively preventing them all, all the time, even by drastic decrees,’ then we get a society that puts 100% safety above any other cause, including fairness, convenience, exercise, rationality — and delight”); Ira Stoll (“This is the sort of story that you’d think might build some political support for tort reform.”).