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A guy (a convicted felon, I might add...) tries to commit an armed robbery of a grocery store in Indiana, gets shot and killed in the process and now his mommy is suing the grocery store!
The lawyer willing to take this case should be disbarred, any judge willing to hear this case should be removed and the grocery store should be suing this woman for raising an animal.
I agree that this is an absurdity. Hopefully the case will get thrown out of court and the plaintiffs’ lawyer uncompensated. This firm should be chastised for disarming its employees thus exposing them to great risk from armed criminals and the manager rewarded for Effective Pest Control actions. [SIZE=3] [/SIZE]
The enormous oversupply of lawyers in the US ensures that some lawyer somewhere is always desperate to take even the most ridiculous case, regardless of the prospects.
On the plus side, we should be grateful to live in a society where the law CAN sometimes be on the side of the average citizen vs the monied interests.
If all slimy lawyers were barred how many would be left?
This kind of post illustrates what I will call the "lawyer-hating mindset". He isn't referring to this situation. He's using an extreme situation to try and bash an entire profession.
(MOD CUT)
What will likely happen in this case is that it will never go to trial. It will likely be dismissed by the court or eventually dropped by plaintiff's counsel. Cases like these are brought by lawyers on a contingency fee arrangement. This is a simple way of saying that the lawyer doesn't get paid unless he wins. He gets a percentage of what he recovers by way of trial or settlement. Companies, rightfully so, are getting tired of people bringing claims like this against them and will ordinarily fight. Not only is the lawyer unlikely to earn a fee, he will incur out-of-pocket expenses for filing fees, deposition expenses etc. This generally is a satisfactory deterrent to keep most frivolous cases out of court.
My principal concern about cases like these is that like the "McDonald's Coffee Cup case" they get a lot of attention and people judge the system by a handful of extreme situations rather than by the thousands of cases that the system resolves without fanfare every week or month. That should be the standard by which success or failure is measured.
Last edited by jasper12; 07-30-2012 at 12:25 PM..
Reason: edit
Status:
"Apparently the worst poster on CD"
(set 29 days ago)
27,651 posts, read 16,138,284 times
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Quote:
Originally Posted by markg91359
This kind of post illustrates what I will call the "lawyer-hating mindset". He isn't referring to this situation. He's using an extreme situation to try and bash an entire profession.
I would encourage the moderator to consider this post "off topic" and remove it.
What will likely happen in this case is that it will never go to trial. It will likely be dismissed by the court or eventually dropped by plaintiff's counsel. Cases like these are brought by lawyers on a contingency fee arrangement. This is a simple way of saying that the lawyer doesn't get paid unless he wins. He gets a percentage of what he recovers by way of trial or settlement. Companies, rightfully so, are getting tired of people bringing claims like this against them and will ordinarily fight. Not only is the lawyer unlikely to earn a fee, he will incur out-of-pocket expenses for filing fees, deposition expenses etc. This generally is a satisfactory deterrent to keep most frivolous cases out of court.
My principal concern about cases like these is that like the "McDonald's Coffee Cup case" they get a lot of attention and people judge the system by a handful of extreme situations rather than by the thousands of cases that the system resolves without fanfare every week or month. That should be the standard by which success or failure is measured.
Now, I do disagree with that. The bad guy is dead, right? That's a pretty severe penalty, without due process of law.
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