Posts Tagged ‘personal responsibility’

“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.”).

“New York Woman Sues Police for Not Arresting Son”

“A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night…. Restaurant chain Ruby Tuesday’s is also named in the lawsuit, because [the late Peter] Fedden was drinking there before the two crashes, according to [Fedden family lawyer Harry] Thomasson.” [NBC New York, auto-plays]

Court dismisses suit by man who fell off chair in lawyer’s office

New Jersey: Monmouth County Superior Court Judge Dennis O’Brien has granted summary judgment to the defendant law firm of Wolff, Helies, Duggan Spaeth and Lucas and dismissed Thomas Hickey’s suit over his injuries in falling off a reclining chair in its office during a deposition. Hickey’s lawyers had argued that the law firm as owner and maintainer of the chair was negligent not to check its settings for safety before each use. The court found that whatever hazards might inhere in the chair’s low-tension setting, Hickey had been sitting in it for 90 minutes which was “sufficient time for him to learn the chair was designed to tilt and to appreciate its tension setting.” [Ashley Peskoe, NJ.com]

More chronicles of office-chair falls here (law office, Palm Beach, Fla.), here (law office, New York, N.Y.), here (NYC police detective shot by self in tippy chair), and here (U.K. law firm ad).

Delaware: “Man sues pizzeria for thwarting robbery”

Nigel Sykes, currently serving a 15-year sentence, is suing employees of Seasons Pizza in Newport, Del. who allegedly tackled him as he was robbing the pizzeria at gunpoint. His suit, filed without a lawyer, asks in excess of $260,000, saying employees of the dining establishment beat him up and poured hot soup on him. “While U.S. District Judge Sue L. Robinson tossed out several of Sykes’ claims, she allowed the case to move forward against the pizza employees, two arresting officers and Seasons.” Sykes, whom police linked to a series of robberies at a bank and various retail establishments, had filed an earlier suit with different factual allegations which was dismissed on procedural grounds. He has also claimed that he should be allowed to take back his plea in the criminal case, arguing in a motion, “I’m not good at making good choices.” [Sean O’Sullivan, Wilmington News Journal]

“Woman Scared by ‘Dexter’ Ad Sues MTA for Subway Fall”

“A woman using a Grand Central Terminal stairwell fell and broke her ankle last year because a spooky advertisement for the [Showtime serial-killer] series startled her, a new lawsuit charges. Ajanaffy Njewadda and her husband, a former Gambian ambassador, are suing the MTA and the cable network, accusing them of placing the ad in a dangerous spot for pedestrians.” [James Fanelli, DNAInfo New York]

Great moments in defense law

Menlo Park, Calif.: A 90-year-old lawyer’s BMW SUV jumped the curb and pinned two 6-year-old twin brothers against a wall, seriously injuring them. Now the driver, Edward Nelson, “states in his response to the lawsuit that the plaintiffs ‘carelessly, recklessly and negligently conducted and maintained themselves’ in a way that contributed to the accident. Furthermore, ‘knowing the probable consequences thereof, (they) placed themselves in a position of danger and voluntarily participated in all the activities,’ and so assumed any related risks. Finally, the plaintiffs failed to ‘reasonably mitigate’ any damages they sustained.” [Sandy Brundage, The Almanac (Peninsula communities, Bay Area)]

Drunk driver will recover $6.6 million from two Pennsylvania bars

“Two Northeastern Pennsylvania bars have settled for a combined $6.6 million with a man who became quadriplegic after driving drunk and crashing his car into a tree.” Jason Mercado sued two East Stroudsburg, Pa. bars on the theory that they had inexperienced bartenders and staff who should have known better than to serve him. Attorney Robert Sink, who represented Mercado, said the case was not without its difficulties: “if the jury found the drunk driver was more than 50 percent at fault, then he would have gotten nothing” under Pennsylvania law. The insurers defending the case decided that the risk of a verdict otherwise was worth $6.6 million. [Legal Intelligencer]

P.S. Redditors discuss.