Chronicling the high cost of our legal system

Overlawyered

November 13th, 2008 at 9:48 am

San Francisco zoo tiger mauling victims sue

The long-expected suit was filed in federal rather than state court, and one attorney speculates that the reason was to get more suburbanites on the jury panel, on the theory that they will be less hostile to the plaintiffs than San Francisco residents. Federal theory? Well, “Kulbir Dhaliwal contends his federal civil rights were violated because he was deprived the use of his BMW M3, the car the three took to the zoo.”

The suit also accuses Sam Singer, a well-known crisis management spokesman whose firm was retained by the zoo after the attack, of libel and slander.

The Dhaliwals contend Singer and city officials engaged in a smear campaign to suggest the young men were disreputable and had taunted the tiger before the escape.

“There’s no merit to the lawsuit whatsoever,” Singer said. “More importantly, I’d like to remind people that [plaintiff's lawyer Mark] Geragos was the one who said his client, Michael Jackson, was a perfectly normal human being and Scott Peterson was an innocent man. I leave it up to the judgment of the public as to how accurate he is on any of his claims.”

Watch out getting into a fight with a crisis management specialist, they have sharp tongues. (John Coté, “Tiger attack victims file suit in federal court”, San Francisco Chronicle, Nov. 13; more Chronicle coverage; earlier).


In ;
September 2nd, 2008 at 12:23 am

San Francisco’s North Beach, curbed

Many small businesses in the historic and much-visited neighborhood have been hit with ADA complaints, often from the law offices of famed serial ADA filer Thomas Frankovich. (Carol Lloyd, “Surreal estate: ADA accessibility lawsuits causing headaches for small business owners”, San Francisco Chronicle, Jun. 13). “I’ve seen the ADA racket threaten businesses in other towns, and they ended up closing. The owner [of a small chocolate shop that has now laid off three workers] has never gotten a formal complaint from a wheelchair-bound person, except for this suit.” (”SF_Anna”, “North Beach Block Threatened by ADA Suits”, MetBlogs, Aug. 20).


In ; ;
September 2nd, 2008 at 12:04 am

Bid to stop suicide fails, San Francisco will pay

“The family of a 26-year-old man who died two years ago after an off-duty firefighter tried to rescue him from the edge of a roof will receive a financial settlement from The City, after claiming the firefighter was at fault.” Fire Lt. Victor Wyrsch tried to grab the suicidal Nick Torrico from the roof, but Torrico tore himself loose and fell to his death, and now the city’s taxpayers will pay Torrico’s family based on their contention that Wyrsch should have held back. (Beth Winegarner, “San Francisco pays up for failed rescue”, San Francisco Examiner, Aug. 26).


In ; ;
August 5th, 2008 at 12:22 pm

S.F. mayor: make food composting mandatory

Residents of San Francisco who fail to separate food scraps from general waste “would face fines of up to $1,000 and eventually could have their garbage service stopped”. Many other cities and jurisdictions in the U.S. have made recycling mandatory as to other waste categories, but apparently none has done so with food waste. (John Coté, “S.F. mayor proposes fines for unsorted trash”, San Francisco Chronicle, Aug. 1)(via Ed Morrissey).


In ;
July 31st, 2008 at 11:24 am

Meter maid’s miracle recovery no bar to $1.6 million award

When meter maid Mercy Zamora’s cart crashed, she was injured — with such serious and permanent injuries, testified her husband, that she could no longer engage in strenuous or demanding physical activities. Then a defense lawyer introduced a photo showing Zamora with arms thrown over her head in triumph after completing a 10-kilometer race. If you think that spelled an ignominious end to the case, you must be a new reader here: the jury nonetheless “awarded about $1.6 million against Cushman Inc., maker of the cart Zamora was driving, and employer city of San Francisco, which had already settled out.” (Scott Graham, CalLaw “Legal Pad”, Jul. 22; CJAC, Jul. 24).


In ; ;
October 25th, 2004 at 12:06 am

A right to assistance pets

Under established disabled-rights law, store owners and other business people very seldom have a right to exclude the “service animals” that accompany blind and deaf visitors. Relatively few inconveniences ensue, in part because such animals tend to be few and extremely well trained. However, the idea has begun to catch on that persons disabled in other ways also have a right to the company of assistance animals; California regulators issued such a ruling as to dogs two years ago. Now a rapidly rising number of San Francisco residents are applying for tags for assistance dogs; the city has issued 658 tags for them. “‘The bottom line is that we’re seeing a lot of people come down here with notes from their doctors saying they need a companion dog to improve their quality of life,” said Carl Friedman, director of the city animal control agency. ‘Now we’re seeing a lot of people applying for the tags who have psychological issues.”’ Landlords and restaurants are not allowed to enforce no-dog policies against a registered animal. As for the pets’ required “training”, that “can be done by the owner and can be as simple as teaching the dog to wag a tail and lick a face if that’s what it takes to make someone with a diagnosed depression feel better.” (Rachel Gordon, “‘Assistance dog’ designation opens doors for pooches”, San Francisco Chronicle, Oct. 19). We were on to this trend very early: see Jul. 9, 1999.


In ; ; ;