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I love debates and a good argument too but I see this thread as serious and didn't want the mods to say it was turning into an argument and shut it down.
Not being harsh toward anybody so please understand that.
It was a woman, she did get burned, it was a McDonalds here in Albuquerque, all she wanted was her medical expenses, McDonalds more or less tried to brush her off, so she took the case to court, during the trial it was discovered that the McDonalds had been cited several times in the past for violating city code by serving dangerously hot coffee. It was "A jury of her peers" which determined the judgement.
I have been on jury duty several times. An interesting experience...
Rich
I bet every drop spilled was while in a moving vehicle. Awkward stupidity pays off well.
If it was consumed at a table, it would be less likely that this would happen.
It should boil down to common sense whether these lawsuits should go forward or not.
SONG - Has the water district tried a counter suit for harrassment and/or tried to recover its legal fees? Has this individual ever won one of his suits?
That million bucks could have been better spent on pipes and pumps.
He won a case for about 6000 bucks and there has not been a countersuit for harrassment because we would have to hire lawyers continuously and it wouldn't stop him anyway.
The money can be better spent improving our area that needs a lot of improvement to replace the water tanks, etc.
Problem is, how do you define a "frivolous lawsuit?" I would think that means a case with absolutely no merit. Just because someone brings a case and does not win, that does not mean a case is frivolous. Think back to the McDonalds coffee case. Many thought that was a frivolous lawsuit. However, the evidence in that trial showed that the coffee could produce 3rd degree burns in seconds, and that before the lawsuit, around 700 customers had been burned. The person that brought the case tried to settle for much less than eventually was won, but McDonalds would have none of it, even though the Plaintiff had spent more than a week in a hospital and had to undergo surgeries due to their scalding brew.
That's my problem with a frivolous lawsuit bill. It is going to be very tough to determine what a frivolous lawsuit is until after a trial, and most cases don't go to trial.
I'll say this, I have purchased coffee at McD's in the past, and it IS DEFINITELY scalding hot. if I hit a bump in my jeep, and spilled some on my privates, (stop laughing now) and it burned them, I'd sue their asses off too. coffee does not need to be scalding hot. it is the same rule for showers. more modern shower heads now have built in thermal limiters so a person doesn't get scalded by hot water in the shower, in the event some moron turned the hot water heater too high. my 2 cents
> ... if I hit a bump in my jeep, and spilled some on my privates, ...
If you are driving down the road with a liquid that you know to
be scalding hot between your legs you deserve to have your
privates scalded. So did the others.
> (stop laughing now)
Sorry. That's too funny of a picture for me to shut up.
> I'd sue their asses off too.
With a volatile temper like yours, I'm not surprised.
aaaaaaaaaahhhhhhhhh yes, neutered by a scalding hot cup of coffee purchased at my favorite greaseburger joint, I love it. temper? must be the 1/5 cherokee indian showing. only idiots DM other people saying how they're dissatisfied over how many threads someone else starts. like I could give a rats as*.
Either the district defaulted (ok, fine, take the loss), had inept legal representation, an inept/corrupt judge, or really did something wrong. This doesn't sound like it meets the burden for vexatious to me.
Still, I'd strongly support capping an individual to five civil complaints per five years per jurisdiction, or rather, a court fee of $100k per additional over that number.
I'm not sure what the case was that he won 6000 bucks for and that was probably a legitimate case (I don't know)but the rest of his cases are vexatious and he (and others like him) need to be stopped.
My sig. other is the secretary of the water board now and to let you know how this man and his brother are, they can threaten to sue him because he's new to this area and they don't like newbies or something else as stupid as that.
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