Patterico's Pontifications

1/1/2008

Iowahawk’s 2007 “Men of the Year”

Filed under: Miscellaneous — DRJ @ 9:47 am



[Guest post by DRJ]

Iowahawk has announced his “2007 Men of the Year”:

Iowahawk

“Awarded for meritorious achievements in the
field of high speed brassiere-related car crash lawsuits”

From the Toledo Blade:

Two Toledo men who were seated side-by-side in a car that crashed last year after a red bra sailed back toward it from another car ahead are now on opposite sides of a lawsuit. Jeff Long is suing James Campbell, driver of the car that swerved and flipped several times in the median on I-75, moments after the dog-chewed brassiere slipped off another car’s antenna Sept. 26, 2006.

Mr. Long, 42, who suffered broken ribs, also is suing the girl whose bra went airborne on the freeway just outside of Perrysburg that afternoon.

But Mr. Campbell is being sued because, according to Mr. Long’s lawsuit, he “negligently operated” his car, causing a “serious single-vehicle, rollover-type accident at high speed.” I don’t take it as he’s suing me,” Mr. Campbell said yesterday. “I take it as he’s suing my insurance company. We’ve been friends an awful long time, and for something like this to break up our friendship is ridiculous. He just wants his bills paid.

Mr. Long, who is seeking in excess of $25,000 in the lawsuit filed on his behalf in Lucas County Common Pleas Court on Aug. 23, could not be reached for comment. But Mr. Long’s attorney, John Fisher, said there is some liability on Mr. Campbell’s part because he was the driver of the car that crashed. Mr. Long declined further comment.”

Unlike Time Magazine and the Dallas Morning News, Iowahawk clearly understands how to run a “Person of the Year” contest.

— DRJ

25 Responses to “Iowahawk’s 2007 “Men of the Year””

  1. Not surprising from a liberal leftists rag like SLIME since as well know SLIME is a left-wing news magazine lying 24/7 I mean SLIME is no different they once name ADOLPH HITLER as their MAN OF THE YEAR back in 1938

    krazy kagu (6b296a)

  2. they once name ADOLPH HITLER as their MAN OF THE YEAR back in 1938

    At which time they wrote: “Hitler became in 1938 the greatest threatening force that the democratic, freedom – loving world faces.”

    You would have given it to Orson Welles or Howard Hughes?

    Magazines and newspapers create “Best of…” lists to boost circulation — just as TV news directors launch insipid sweeps month series to stir panic over something in your tap water.

    steve (7fb1fb)

  3. DRJ – The Burge/Goldstein ticket also has a pretty interesting platform if you haven’t checked it out.

    daleyrocks (906622)

  4. Like this?

    DRJ (09f144)

  5. What an uplifting story. Like the Jane Russell “Cross Your Heart” bra.

    David Ehrenstein (da3648)

  6. See, I was gonna say something like “Well, at least you know where the thing went now, DRJ”, but I won’t cause that would be mean and wrong. :)

    Scott Jacobs (a1de9d)

  7. You better smile when you say that, Scott.

    nk (c87736)

  8. Yessir… :)

    Scott Jacobs (a1de9d)

  9. I wish people could understand how many claims exist that make this case look downright serious. I had heard of this one some time ago, and it did not even merit mentioning, outside of the inclusion of the flying bra. I have claims where people are suing because they were not arrested, and as a result, went out an broke the law, claims where people fleeing the police sue the police for the damages incurred to the getaway vehicle when they wrecked it, and literally countless other types that for various reasons, Judges refuse to throw them out. This notion of everyone deserves their day in court has infected the bench. The driver, in the instant case, thinks that he did nothing wrong but his insurer should pay up because his friend has some bills is symptomatic of why “other people’s money” is so easily spent by people and juries.

    JD (bad43f)

  10. And DRJ, if you are going to post this article, the least you could do is post the pictures of the girls that were flashing them.

    JD (bad43f)

  11. JD,

    1. I couldn’t find any pictures (but I admit I didn’t look much).

    2. It sounds like one of the friends thinks this is all about insurance while the other (and his attorney) are staying mum on liability. I suspect the friendship won’t last too long after the attorney does his thing.

    3. I agree that the system lets people pursue even highly questionable cases. Sometimes it even seems to encourage them to do so.

    DRJ (09f144)

  12. It begs people to do so, DRJ. I wish that insurance claims were public record the way that Court cases are. And I wish that people actually paid attention to what happens and transpires in the legal system around them, especially the civil system.

    This week, for the second time this year, I have a civil case going to trial where the plaintiff that was driving is legally blind. In this case, she acknowledges that she could not see at night, but is suing the developer because they did not illuminate their parking lot to levels that would allow her to safely operate a motor vehicle while blind.

    We won the last one where the legally blind driver struck a pedestrian, and rather than suing the legally blind driver, they again sued the developer for “inadequate lighting” at 3:00 in the afternoon.

    JD (bad43f)

  13. There are costs though, even if you win. Someone is spending thousands of dollars to try these cases, and that cost is born by each and every person that is responsible enough to carry insurance. But, as the article notes, it is somebody else’s money, so what is the big deal?

    JD (bad43f)

  14. There was once the case where a grandmother sued her daughter and son-in-law because she tripped and fell on her infant grandson in their home. Claimed that her daughter and son-in-law negligently allowed a hazard to be on the floor causing her injury.

    Of course, she herself had put the infant there because she was babysitting at the time did not seem to discourage her or the plaintiffs’ atty she’d hired.

    My wife defended that one as I recall.

    SPQR (26be8b)

  15. JD – Your 12 reminds me of the hypo that Patterico posted a couple of days ago regarding a deaf driver. Take a look, see what you think.

    daleyrocks (906622)

  16. I just wish #12 was not a hypo. I had to hire experts to confirm that there was adequate lighting in a parking lot at 3:00 in the afternoon on a sunny day. They were able to buy an expert that opined that there was insufficient lighting for a legally blind person to safely navigate a vehicle through the parking lot.

    As to the deaf driver scenario – I think there is way too much information not available to make a good assessment. As is the case with most civil actions, the underlying facts as to what happened in the accident, how it happened, and whose actions were the proximate cause of the loss are glossed over by the deafness issue. The deafness would almost be irrelevant to me. If the state or the government allows the deaf driver to drive, and there are no laws mandating that you react to all noises in a proscribed manner, then I do not see how it adds or takes away from the claim. The claim still hinges on the underlying facts of the liability scenario. The deaf issue may give rise to higher compensatory damages, or even punitive damages, if they get a crappy jury, but it really should not be a relevant issue.

    People hear squealing tires all the time, and that does not keep them from avoiding an accident. People hear horns honk all the time, and they continue to plow into each other. Just hearing the sounds would not ensure that the driver would avoid the contact.

    And, I am of the opinion that their drivers status is equally irrelevant. Maybe it could be used to inflame a jury, and should be kept from them for that reason. People drive on suspended and revoked licenses all the time. They are involved in accidents all the time. While I have been typing this, there was a drunk driver with a permanently revoked license that got into an accident, and it was not their fault in any way, shape, or manner. They should not have been driving, but being a drunk driver with a revoked license does not make you responsible for the loss.

    Enough rambling …

    JD (bad43f)

  17. I have all sorts of great legal conundrums sitting at my desk. I am working on a medical malpractice claim where a doctor is being sued for not breaching doctor/patient confidentiality and telling a woman’s soon-to-be husband that he was treating his future wife for a contagious STD, which he was subsequently infected with. The lawsuit would essentially set a standard that the doctor would have to choose between the lesser of two torts.

    I am working on a claim against a prosecutor’s office for an unsuccessful DUI prosecution. Had the prosecution been successful, the asshat would have gone to prison, and had his license permanently revoked. Fresh from his victory, the asshat got loaded, drove a truck into oncoming traffic, and killed someone. The family is suing the prosecutor’s office, the county, the prosecutor, for failure to protect the public from this individual, resulting in the death of their family member.

    Man leads 6 jurisdictions of law enforcement in a chase through 4 counties in 3 states. He is paralyzed as a result of injuries incurred in the shoot out, and he injured an innocent third party in fleeing. The innocent third party is suing the law enforcement agencies for causing the felon to flee. The felon is suing the law enforcement officers for his injuries, claiming the use of excessive force, despite his having shot off 18 rounds before being hit.

    JD (bad43f)

  18. JD – You’re thinking along the same lines I was. If the state lets him drive, look to the fact pattern of the accident to determine liability.

    daleyrocks (906622)

  19. You’re doing important work, JD, but reading your comments reminds me of police officers I know who feel like everyone is a criminal because that’s all they see. Don’t let it get you down.

    DRJ (29b04b)

  20. “I am working on a claim against a prosecutor’s office for an unsuccessful DUI prosecution. Had the prosecution been successful, the asshat would have gone to prison, and had his license permanently revoked. Fresh from his victory, the asshat got loaded, drove a truck into oncoming traffic, and killed someone. The family is suing the prosecutor’s office, the county, the prosecutor, for failure to protect the public from this individual, resulting in the death of their family member.”

    How are you planning to get around the whole absolute immunity thing? Just ask for it to be abolished and take it all the way to the Supreme Court?

    Oh — are you suing the jurors too?

    Patterico (4cd94e)

  21. That seems a strong argument, JD. I can’t imagine JD has a valid claim. JD, can you educate me as to what law would allow you to overcome prosecutorial immunity? I’m curious to say the least. I don’t mean that sarcastically. I can’t see it, at present, and if you have a strong legal position, I’d be interested in what it is.

    Christoph (92b8f7)

  22. * Correction:   ‘That seems a strong argument Patterico.’

    Christoph (92b8f7)

  23. I believe JD is probably representing the insurance carrier for the municipality that is the defendant in the actions described.

    daleyrocks (906622)

  24. In that case, his job should be pretty easy. There should be a canned brief for responding to people who insist on suing prosecutors for the actions they take in court. Hint to plaintiffs: those suits go nowhere and if judges had any guts you’d be sanctioned for bringing them.

    Patterico (2df5f7)

  25. Patterico – I am not suing anyone. We are defending. And you hit on nail on the head in reference to Judges showing some spine, but alas, existence of said spine is the lonely exception, rather than the rule. Sanctions? Rare, on a good day.

    DRJ – Thanks. I try not be be jaded and just evaluate the claims presented. Many cases we try are legitimate disputes, differing views on liability, evaluation of damages, etc …

    Don’t get me started on bad faith laws, which have to be the most one-sided laws ever written when attempting to regulate the conduct between parties. Especially 3rd party … But, I digress.

    Christoph – Are you ever civil?

    JD (8fd56a)


Powered by WordPress.

Page loaded in: 0.3657 secs.