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#321
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Cessna sued for skydiving accident. OT rant...
On Dec 8, 8:27 pm, Bob Noel
wrote: However, I think we can agree that lawyers only go after those with assets, making it obvious that they aren't interested in determining fault but rather getting money. Of course we're interested in proving fault. That's how we make money! |
#322
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Cessna sued for skydiving accident. OT rant...
skym wrote:
On Dec 9, 6:50 am, Matt Whiting wrote: Tell me you aren't really this naive? If this had been a local mom and pop coffee shop that had no liability insurance, do you really think a jury would have made this award? Do you even think the lawyer would have even taken the case? These cases and awards are DIRECTLY related to the wealth of the defendant. This isn't by statue, I agree, but it is de facto. Matt They would have rendered the compensatory award. Certainly not the punitive award, since mom and pop probably didn't have over 700 scald cases in the prior years, or have conducted research and had prior knowledge that the coffee was not fit for human consumption. In fact, I'll bet that if mom and pop knew those things, they would have lowered the temp. It's the fact that McD knew it and did nothing that contributed to this result. The amount of punitive damages can be based on worth and income, but not underlying liability for punitive damages. Don't know if an attorney would have taken the case. If mom and pop had few assets, they could not pay the damage that the plaintiff incurred, So why sue them? Would you, or would you enjoy putting people into bankruptcy? So, you ARE agreeing that economics rather than culpability plays a major role. I think that is where this thread started. :-) I rest my case. Matt |
#323
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Cessna sued for skydiving accident.
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#324
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Cessna sued for skydiving accident. OT rant...
"Roger (K8RI)" wrote in message ... On Mon, 3 Dec 2007 15:45:56 -0800 (PST), "Robert M. Gary" wrote: Again you are dealing with juries. Going to trial means you can't predict the results. That is one reason so many companies are moving to binding arbitration; because they get frustrated at the inconstancy of jury trials. A large, local company was sued for billions in the breast implant issue. The lawyers pushing the case made more than the entire corporation gross per year. In the end it was far easier and much cheaper to just give them a couple Billion dollars than to fight junk science with true science. The average juror is easily mislead by junk science as the real thing. It only takes a convincing presentation by a so called expert to sway the jury. Does it really matter in a rigged court system? Gallileo's Revenge Junk Science in the Courtroom by Peter W Huber http://www.numberwatch.co.uk/gallileo.htm |
#325
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Cessna sued for skydiving accident.
wrote in message ... Aound here private schools run anywhere from $20,000 to $35,000 a year and the systems that spent the most per pupil spend less than $7,000. If the taxpayers give coupons for private schools rather than fund the public schools taxes would have to go up about $20,000 per student. Are you going to vote for that tax increase? I am not sure that the cost of private schools will remain as high if all public schools were gradually converted into private schools. We would also not be paying taxes to support public schools in the new system. My fear is that, instead, kids would be going to schools sponsored by Starbuck's or McDonald's, and they'd learn all about how tasty coffee or french fries are. The kids at the school down the road from us can't sell bottled water for fundraisers because of a noncompetition clause in the school's contract with Pepsi. Maybe Wal-Mart could sponsor a school so the kids could learn all about lead poisoning. -c |
#326
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Cessna sued for skydiving accident.
On Dec 9, 2:07 pm, Angelo Campanella
wrote: And I have coined a corollary: "These days, justics is considered served when the law is satisfied." I mentioned this to a lawyer; he was not happy about it, but did not refute me. I don't know why he would be unhappy about it. It is actually a pretty accurate description of what it's all about. |
#327
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Cessna sued for skydiving accident. OT rant...
On Dec 9, 7:47 pm, Matt Whiting wrote:
So, you ARE agreeing that economics rather than culpability plays a major role. I think that is where this thread started. :-) I rest my case. "...plays a major role" in what? Culpability plays the major or only role in whether the deft should pay anything. As for the deft who doesn't have the means to compensate a pltf for her loss, it only makes sense not to pursue the deft. What would be the purpose, except to harrass? |
#328
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Cessna sued for skydiving accident.
C J Campbell wrote:
The parents of Bryan Jones, a 34 year old Microsoft engineer who was one of nine skydivers killed in the crash of a Cessna Caravan, are suing Cessna. The Caravan was returning from Star, Idaho, to Shelton, Washington. The parents are alleging that the Cessna Caravan was defective and should not have been flying in icy weather. The airplane is not certified for flight into known ice, although the plane in question did have boots. So, Cessna is being blamed because a pilot may have operated the plane in direct contradiction to the aircraft flight manual and warnings in Cessna's operating instructions. To Mr. Campbell: Is Cessna going out of business because of this lawsuit? |
#329
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Cessna sued for skydiving accident.
Jay Honeck wrote:
Lets have real school choice nationwide. Let parents have the money they are paying in taxes so they can send their kids to private schools if they want. That's step number one. Get rid of teacher's lobbies like the NEA... if they are all so dedicated to education why do they need to be spending so much money lobbying congress? Wouldn't that money be better spent in the actual education process? Or how about just higher salaries for the good teachers? We have school choice here in Iowa City, to a degree. We may enroll our kids in any school in the district, so long as we can figure out a way to deliver them each morning. (Well, this year they curtailed that practice between the high schools, because one side of town is growing way faster than the other.) This works okay, to a degree -- but one result is all the bad kids (AKA: The ones without caring parents) end up in the same schools. All the good parents move their kids OUT of the bad schools. This, of course, leads to other problems. High teacher turnover/ burnout becomes a real problem. You would think more resources would be poured into the bad schools, but because the student count drops, they actually get LESS money, unless extraordinary efforts are made. Because of the totally screwed up employer/employee relations between administators and teachers, there is little hope of a solution coming from that quarter. The teacher's union stands in the way of innovation -- union contracts don't permit too much in the way of experimentation with staffing -- and the administrators are just as bad or worse. "Administrator" is just a fancy name for "bureaucrat" -- and by their nature bureacrats do not want anything to change, unless it means more money and less work. These bureacrats, therefore, appointed by our elected school boards and supposedly safeguarding the People's money by working in their best interest, end up working in collusion with the teachers unions to make sure that nothing actually changes. In the end these two forces -- seemingly in conflict -- tend to work together to ensure that no solutions are forthcoming. Throwing private schools into the mix of "school choice" -- without fixing the underlying conflicting interests in this employee-employer relationship -- would be a disaster, IMHO. And that's just not going to happen in today's political climate. Which, of course, brings us back to where we started -- and are stuck. -- Jay Honeck Iowa City, IA Pathfinder N56993 www.AlexisParkInn.com "Your Aviation Destination" To Jay Honeck: I ask you the same question I asked MR. Campbell, is Cessna going out of business because of this lawsuit? |
#330
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Cessna sued for skydiving accident.
In article ,
John Boyle wrote: To Jay Honeck: I ask you the same question I asked MR. Campbell, is Cessna going out of business because of this lawsuit? what is your point? -- Bob Noel (goodness, please trim replies!!!) |
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