Overlawyered » personal responsibility http://overlawyered.com Chronicling the high cost of our legal system Wed, 16 Apr 2014 04:15:01 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 Great moments in defense law http://overlawyered.com/2014/01/great-moments-defense-law/?utm_source=rss&utm_medium=rss&utm_campaign=great-moments-defense-law http://overlawyered.com/2014/01/great-moments-defense-law/#comments Wed, 29 Jan 2014 14:12:52 +0000 http://overlawyered.com/?p=43679 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, […]

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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)]

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Drunk driver will recover $6.6 million from two Pennsylvania bars http://overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/?utm_source=rss&utm_medium=rss&utm_campaign=drunk-driver-will-recover-6-6-million-two-pennsylvania-bars http://overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/#comments Fri, 20 Dec 2013 11:15:34 +0000 http://overlawyered.com/?p=43097 “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 […]

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“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.

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Update: Long Island judge rules against Leatrice Brewer http://overlawyered.com/2013/11/update-long-island-judge-rules-leatrice-brewer/?utm_source=rss&utm_medium=rss&utm_campaign=update-long-island-judge-rules-leatrice-brewer http://overlawyered.com/2013/11/update-long-island-judge-rules-leatrice-brewer/#comments Thu, 14 Nov 2013 13:18:14 +0000 http://overlawyered.com/?p=42513 “A mom found to be insane when she drowned her three young children can’t get money from the wrongful death settlements that followed their killings, a Nassau judge ruled [last week].” [Newsday, earlier] Tweet Tags: absent parents who sue, Long Island, personal responsibility

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“A mom found to be insane when she drowned her three young children can’t get money from the wrongful death settlements that followed their killings, a Nassau judge ruled [last week].” [Newsday, earlier]

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Great moments in personal responsibility, Euro edition http://overlawyered.com/2013/10/great-moments-personal-responsibility-euro-edition/?utm_source=rss&utm_medium=rss&utm_campaign=great-moments-personal-responsibility-euro-edition http://overlawyered.com/2013/10/great-moments-personal-responsibility-euro-edition/#comments Thu, 24 Oct 2013 14:55:06 +0000 http://overlawyered.com/?p=42119 “A Romanian man who has admitted to stealing masterpieces by Gauguin, Monet and Picasso on Tuesday threatened to sue the Dutch museum he took them from for making his robbery too easy.” [AFP/ArtDaily] Tweet Tags: art and artists, Netherlands, personal responsibility

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“A Romanian man who has admitted to stealing masterpieces by Gauguin, Monet and Picasso on Tuesday threatened to sue the Dutch museum he took them from for making his robbery too easy.” [AFP/ArtDaily]

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Parents may sue ex-NFLer for saying their kids trashed his house http://overlawyered.com/2013/09/parents-may-sue-ex-nfler-saying-kids-trashed-house/?utm_source=rss&utm_medium=rss&utm_campaign=parents-may-sue-ex-nfler-saying-kids-trashed-house http://overlawyered.com/2013/09/parents-may-sue-ex-nfler-saying-kids-trashed-house/#comments Sat, 21 Sep 2013 12:53:05 +0000 http://overlawyered.com/?p=41540 Over Labor Day weekend, hundreds of teenagers held an illegal party in the upstate New York home of former NFL star Brian Holloway. They left a wide swath of photos on social media, and Holloway put up a website identifying more than 100 of the 300 partiers. “But rather than apologize to Holloway for their […]

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Over Labor Day weekend, hundreds of teenagers held an illegal party in the upstate New York home of former NFL star Brian Holloway. They left a wide swath of photos on social media, and Holloway put up a website identifying more than 100 of the 300 partiers. “But rather than apologize to Holloway for their children’s behavior, some parents have contacted their lawyers to see what legal action they can take” against him. [New York Daily News; response from radio personalities Chuck and Kelly, WGY]

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Long Island: “Woman who drowned her 3 kids in tub in 2008…” http://overlawyered.com/2013/07/long-island-woman-drowned-3-kids-tub-2008/?utm_source=rss&utm_medium=rss&utm_campaign=long-island-woman-drowned-3-kids-tub-2008 http://overlawyered.com/2013/07/long-island-woman-drowned-3-kids-tub-2008/#comments Wed, 24 Jul 2013 11:33:17 +0000 http://overlawyered.com/?p=40163 “… wants cut of wrongful death settlements.” “A mentally disturbed suburban New York woman who drowned her three young children in a bathtub in 2008 wants a cut of $350,000 in wrongful death settlements obtained by the children’s fathers, attorneys said Friday. Leatrice Brewer, 33, was found not guilty because of mental disease or defect […]

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“… wants cut of wrongful death settlements.” “A mentally disturbed suburban New York woman who drowned her three young children in a bathtub in 2008 wants a cut of $350,000 in wrongful death settlements obtained by the children’s fathers, attorneys said Friday. Leatrice Brewer, 33, was found not guilty because of mental disease or defect in the deaths of her children, so her attorneys say she should not be subject to laws that bar convicts from profiting from their crimes.” [Associated Press/NY Daily News]

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“Dead robber’s widow sues shop clerk” http://overlawyered.com/2013/05/dead-robbers-widow-sues-shop-clerk/?utm_source=rss&utm_medium=rss&utm_campaign=dead-robbers-widow-sues-shop-clerk http://overlawyered.com/2013/05/dead-robbers-widow-sues-shop-clerk/#comments Mon, 20 May 2013 04:15:39 +0000 http://overlawyered.com/?p=38540 Albuquerque: “The wife of an armed robbery suspect shot dead by a shop clerk said the clerk was wrong, and now she has filed a civil lawsuit claiming wrongful death….’He [deceased robber Ramon Sedillo] does bear some fault, but it’s like a pie. You divide out the fault accordingly, and [store clerk Matthew] Beasley could […]

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Albuquerque: “The wife of an armed robbery suspect shot dead by a shop clerk said the clerk was wrong, and now she has filed a civil lawsuit claiming wrongful death….’He [deceased robber Ramon Sedillo] does bear some fault, but it’s like a pie. You divide out the fault accordingly, and [store clerk Matthew] Beasley could have done something different,’ [Sedillo family lawyer Amavalise] Jaramillo said.” [KRQE]

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“Derek Boogaard’s Family Is Suing The NHL For Wrongful Death” http://overlawyered.com/2013/05/derek-boogaards-family-is-suing-the-nhl-for-wrongful-death/?utm_source=rss&utm_medium=rss&utm_campaign=derek-boogaards-family-is-suing-the-nhl-for-wrongful-death http://overlawyered.com/2013/05/derek-boogaards-family-is-suing-the-nhl-for-wrongful-death/#comments Mon, 13 May 2013 12:06:07 +0000 http://overlawyered.com/?p=38261 The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]: According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. […]

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The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:

According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.

P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]

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Man gets into drunken fight with friend, is injured http://overlawyered.com/2013/05/man-gets-drunken-fight-friend-injured/?utm_source=rss&utm_medium=rss&utm_campaign=man-gets-drunken-fight-friend-injured http://overlawyered.com/2013/05/man-gets-drunken-fight-friend-injured/#comments Fri, 03 May 2013 13:31:27 +0000 http://overlawyered.com/?p=38072 And now William Lawler is suing the Amarillo, Tex. sports bar that served both of them earlier in the evening, saying it should have cut them off. The suit, which seeks $1 million or more, also claims the two had an “amiable relationship, and would have never fought were it not for their extreme level […]

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And now William Lawler is suing the Amarillo, Tex. sports bar that served both of them earlier in the evening, saying it should have cut them off. The suit, which seeks $1 million or more,

also claims the two had an “amiable relationship, and would have never fought were it not for their extreme level of inebriation.”

Lawler’s lawyer Ryan Turman said he thinks they have a solid case.

“We feel like we’ve got solid facts. We feel like Pink is responsible,” he said. “You just trust a jury to do what is right on these.”

He said the lawsuit was filed in accordance with the Dram Shop Act.

[Amarillo Globe-News, more, Jon Mark Beilue column; & welcome Above the Law readers]

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Drunk driver leads cops on high-speed chase; 21 local residents sued http://overlawyered.com/2013/02/drunk-driver-leads-cops-high-speed-chase-21-local-residents-sued/?utm_source=rss&utm_medium=rss&utm_campaign=drunk-driver-leads-cops-high-speed-chase-21-local-residents-sued http://overlawyered.com/2013/02/drunk-driver-leads-cops-high-speed-chase-21-local-residents-sued/#comments Mon, 11 Feb 2013 13:59:15 +0000 http://overlawyered.com/?p=36131 Great moments in blame-shifting: In Dade City, Fla., an ex-con with cocaine and other drugs in his system tried to outrun the cops in a high speed chase, then veered into a farm neighborhood where he smashed his car into two trees on a one-lane dead-end private road, instantly killing himself and a passenger. Now […]

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Great moments in blame-shifting: In Dade City, Fla., an ex-con with cocaine and other drugs in his system tried to outrun the cops in a high speed chase, then veered into a farm neighborhood where he smashed his car into two trees on a one-lane dead-end private road, instantly killing himself and a passenger. Now the estate of his passenger (who was also on drugs) is suing 21 local residents who jointly maintain the private road, saying they should have kept it clear of trees and did not provide adequate signage. “There were no apparent visual roadway obstructions or environmental factors that would have contributed to this crash,” a report from the Florida Highway Patrol stated at the time. [Tampa Bay Times](& Alkon)

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