"Philip Sondericker" wrote in message
...
in article , Dudley
Henriques at wrote on 7/17/04 11:35 AM:


"Philip Sondericker" wrote in message
...

The problem with any discussion of tort reform or "frivolous"
lawsuits
is
that nobody is ever willing to get into specifics. No one's willing
to
define what "frivolous" actually means (aside, of course, from the
fact that
it's never THEIR lawsuit) , or what percentage of lawsuits they
consider to
be so.

Well, how about it? Anyone willing to submit some actual hard data?
Let's
get specific for once--what percentage of lawsuits are "frivolous"?
And what
are your precise criteria for determining their frivolity?
Remember,
no
anecdotes allowed--I don't wanna hear about the McDonald's coffee
lady.
Let's see some numbers.

Forcing people to produce specifics that they have no access to
isn't
the way to deal with this issue. The fact is that a definition of
"frivolous" can't actually be determined since it's subject to
individual interpretation. Who's to say what is frivolous and what's
not? That's the beauty of the lawyer's position; a position BTW that
you
have presented so deftly here I might add :-)

Thank you. So, how can we expect to ever enact any kind of meaningful
tort
reform if we can't even come up with a definition of what needs to be
reformed? And if forcing people to be more specific is not the answer,
then
what is? Being vague?

I hardly think that recognizing a problem exists without forcing the
general public into a scientifically provable analysis that they can't
hope to produce is being vague. I don't need the world to fall on me to
know that lawyers are a problem in the United States. I only need my two
eyes, two ears, and my natural intelligence as that applies to deductive
reasoning. :-)
It's a flawed premise I think to demand that a problem doesn't exist
just because individuals without access can't produce these "facts".
It's also flawed to demand that people know how to fix the problem they
know exists.
But recognizing that a problem exists is the first step in fixing it.
Hell, I have no idea how to determine the extent of frivolous lawsuits
and their damage to the country's business environment, but I know it
has, and does cause damage...tremendous damage. I only have to talk to
the many friends I have in business to determine this.
This isn't vague. It's rock solid evidence.
Example; we have a close friend, a neuro surgeon. He's actually leaving
our state and moving to another because he literally can't afford his
malpractice insurance. He's an excellent doctor. On the other hand, we
have in our state a malpractice attorney who owns not one, but multiple
airplanes, and employs an army of people simply to maintain them for his
flying "pleasure". He lives in one of the most expensive areas in our
state. He's worth millions...and he is just ONE lawyer engaged in
malpractice law. Now you tell me, do you REALLY think there's enough
legitimate malpractice in my area to support this lawyer's
lifestyle....and the bevy of other lawyers who are engaged in this
"practice"? I don't know about you, but I don't need a house to fall on
me to understand that medical malpractice lawsuits are a HUGE
contributor to my medical costs as passed on to me by my insurer, and I
don't believe for one instant that there is enough actual malpractice
going on to justify these lawyers getting so rich on it.
It all boils down to the basics as I see it. The smart lawyers create
the system so they can use the system to get rich. The system relies on
stupid people sharing in the lawyers greed. The lawyers then use the
stupid people to fill their pockets. The remaining demographic for the
people is then split up into sections; the people whom the lawyers have
used, and the people the lawyers haven't used. The problem is that the
people who have been used by the lawyers have gained to their added
wealth at the expense of the people who don't get used by the lawyers.
The lawyers could care less!!! There are always enough of the greedy
people to be used for the lawyers purposes.
It's a perfect system for the lawyers........until the day they bleed
the system dry.....just as they have bled it dry for our doctor friend
who is moving on.
I have no doubt that General Aviation will follow our doctor friend
someday, unless something is done to take the lawyers out of the GA cost
equation....and I'm not betting too highly on that one.......are YOU??
:-)
Dudley Henriques
International Fighter Pilots Fellowship
Commercial Pilot/ CFI Retired
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