The first thing that needs to happen is people need to take responsibility
for their own actions and assume responsibility for the results of their
actions. It is amazing that judges will hear some of these cases but then
again- they are attorneys too. I think the real solution would be to limit
the awards to a reasonable limit by calculating potential income over the
person's lifetime for death or a percentage of loss due to injury. It's
obvious to most that Billy Joe Jim Bob who works at McDonalds for $7.00/hr
is not worth $10M when his potential income is calculated for his lifespan.
In the example above of the McDonald's woman, there should be no award
because of my first sentence: she chose to buy the coffee and put it between
her legs, no one held a gun to her head and forced her to take the cup and
on top of that, she would have been mad if it was cold. The current legal
climate is damaging many industries and will continue. Take for example
Parker which has left the aviation market after being sued for a vacuum pump
that did not fail in a fatal crash.
"Dudley Henriques" wrote in message
nk.net...
"Philip Sondericker" wrote in message
...
in article , Dudley
Henriques at wrote on 7/17/04 2:56 PM:
"Philip Sondericker" wrote in message
...
in article , kontiki at
wrote on 7/17/04 2:19 PM:
I like that idea. How about that there be a "frivolity hearing"
prior
to any suit being filed. The hearing board will consist of 12
respected
and responsible individuals (NOT POLITICIANS!) from the
surrounding
area/community/jurisdiction. This board will chosen randomly from
people who actually have jobs or are retired (no one on welfare or
who
is an attorney or works for an attorney is eligable).
Every licensed business (except attorneys) must nominate at least
one
person to serve on this board per month. The resultant 12 will be
chosen
from this pool randomly. The board will convene once every 90 days
to
consider any pending lawsuits. Only those judged to be
NON-frivolous
will be allowed to be filed with the court. Thos that are rejected
as
frivolous may be filed if the conplaintant posts a bond of $5000
or
an amount equal to the estimated cost of the trial, whichever is
greater.
I will give you credit for one thing--yours is the first really
specific
solution that has been posted.
But will it work?:-) By LITERAL definition, a specific solution for
a
specific problem would appear to indicate that a solution to the
problem
has been found.
Driving your car off a cliff is one way to stop it from rolling
forward,
but is that the specific solution you REALLY want for this problem?
:-)
I'd say his plan was more of a specific "suggestion" rather than a
"solution". :-))))
I was going to substitute the word "proposal", but "suggestion" works
just
as well.
Actually, I think Shakespeare came up with the first and best "specific
solution" in Henry VI part 2 :-))))
Dudley Henriques
International Fighter Pilots Fellowship
Commercial Pilot/ CFI Retired
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