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-   -   Example of why we need tort reform (http://forums.pelicanparts.com/off-topic-discussions/287866-example-why-we-need-tort-reform.html)

widebody911 06-12-2006 05:43 AM

Example of why we need tort reform
 
http://www.foxnews.com/story/0,2933,198988,00.html

A man who was beaten by employees of a store he was trying to rob is now suing.

Police say Dana Buckman entered the AutoZone in Rochester, New York, last July, brandished a semi-automatic pistol and demanded cash.

That's when employees Eli Crespo and Jerry Vega beat him with a pipe and held Buckman at bay with his own gun.

Buckman escaped when they retreated into the store to call 911, but he was arrested a week later. He pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.

Now Buckman is suing the auto parts store and the two employees who beat him, claiming they committed assault and battery and intentionally inflicted emotional distress.


I think it's time for another beating...

legion 06-12-2006 05:45 AM

I would like to point out that a lawyer actually took this case....

Porsche-O-Phile 06-12-2006 07:05 AM

I think the lawyer should get the same beating.

Joeaksa 06-12-2006 07:08 AM

Both of them need a beating and the judge who accepted the case needs a stern talking to. Of course he used to be a lawyer so that explains a lot...

lendaddy 06-12-2006 07:17 AM

Quote:

Originally posted by legion
I would like to point out that a lawyer actually took this case....
Haven't heard from Rodeo in a while:D

Joeaksa 06-12-2006 07:49 AM

Thank God. Course some of us have him on ignore and life has been a lot more peaceful since. Slopat is about to go on that short list and make the list of village idiots complete...

mede8er 06-12-2006 08:23 AM

Quote:

Originally posted by Joeaksa
Both of them need a beating and the judge who accepted the case needs a stern talking to. Of course he used to be a lawyer so that explains a lot...
I don't see anything about a judge hearing a motion to dismiss from Autozone attornies.......

Don't see where a judge has even seen this complaint....

Moneyguy1 06-12-2006 08:56 AM

Three fictional characters walk into a bar....

The Easter Bunny

Santa Claus

An honest attorney

Nathans_Dad 06-12-2006 08:59 AM

Well since you guys are missing Rodeo, I will do my best Rodeo impersonation for you:

"You guys are ridiculous. You pass judgement on this case without knowing all the facts. Perhaps this would be robber was really really emotionally wounded by getting his arse kicked by the store clerks. Perhaps he is now scarred for life! These are the questions that we can only answer in court which is why this case should go to trial, or be settled for a large cash sum if that works better.

Oh yeah....KINGMAKER!!"

Joeaksa 06-12-2006 09:03 AM

Rick,

You forgot where he spilled the stolen coffee on his crotch during the beating, making him sterile for life. Now we need to do a ball transplant so that he can have more children who would be on welfare or in jail...

Does that help?

Moneyguy1 06-12-2006 09:09 AM

As lawyers mature (if ever), they either find another line of work, or become cynics.

Rodeo 06-12-2006 09:55 AM

How does "tort reform" stop somebody from walking into a courthouse, handing the clerk a complaint and a check for the filing fee, and walking out with a civil action docket number?

Most of commentators here are worse than clueless. The level of ignorance is surpassed only by the certainty that they know everything.

Carry on, circle jerkers.

lendaddy 06-12-2006 10:00 AM

Quote:

Originally posted by Rodeo
How does "tort reform" stop somebody from walking into a courthouse, handing the clerk a complaint and a check for the filing fee, and walking out with a civil action docket number?

Most of commentators here are worse than clueless. The level of ignorance is surpassed only by the certainty that they know everything.

Carry on, circle jerkers.

Absolutely, I'm sure this guy doesn't have a lawyer......not even likely.:rolleyes:

Nathans_Dad 06-12-2006 10:03 AM

Count on Rodeo to come out of hiding to defend a worthless lawsuit...

wcc 06-12-2006 10:03 AM

Quote:

Originally posted by Porsche-O-Phile
I think the lawyer should get the same beating.
+1

Then he should be disbarred!!

Rodeo 06-12-2006 10:04 AM

I suspect he does have a lawyer. As usual, you miss the point.

lendaddy 06-12-2006 10:06 AM

Quote:

Originally posted by Rodeo
I suspect he does have a lawyer. As usual, you miss the point.
No, you miss the obvious. You fine the **** outta lawyers that file such pathetic claims. They will instantly dry up.

Rodeo 06-12-2006 10:09 AM

Quote:

Originally posted by lendaddy
No, you miss the obvious. You fine the **** outta lawyers that file such pathetic claims. They will instantly dry up.
Those rules already exist, they call for penalties, fines, and even disbarrment.

They also have nothing to do with "tort reform."

Like I said, clueless.

lendaddy 06-12-2006 10:15 AM

Quote:

Originally posted by Rodeo
Those rules already exist, they call for penalties, fines, and even disbarrment.

They also have nothing to do with "tort reform."

Like I said, clueless.

I am well aware that they exist, as a practice it does not happen. If it did, with any regularity, these cases would never make the news as they wouldn't get filed.

And "tort reform" as a political term has a much broader meaning to the public.

Rodeo 06-12-2006 10:30 AM

Well, we have gotten somewhere, then. You agree that “tort reform” has nothing to do with this case and whether it can be filed.

Is it a frivolous suit? Probably.

Should the lawyer that filed it be sanctioned? Of course, if it’s frivolous.

How does “tort reform” impact any of the above? It doesn’t. It has nothing to do it.


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