Lodinews.com

default avatar
Welcome to the site! Login or Signup below.
|
||
Logout|My Dashboard

Lawyers are the downfall of America

Print
Font Size:
Default font size
Larger font size

Posted: Wednesday, September 26, 2012 12:00 am | Updated: 6:56 am, Wed Sep 26, 2012.

When in the near future someone writes a book called "The Rise and Fall of America," one of the major reasons written will be because we let lawyers advertise.

For those too young to know, or those with short memories, lawyers could not advertise anywhere. We knew they were out there lurking in the darkness somewhere, but believe it or not, some people went through their entire lives having nothing to do with them.

In 1976, the Supreme Court said they could advertise, and they were turned loose like a pack of dogs on a defenseless rabbit. Now they are everywhere — on TV, radio, newspapers and the backs of buses.

What we have found out is that no matter how stupid or careless we are, somebody else is to blame and we can sue them. Buy a cup of hot coffee, put it in your lap, drive a car, spill the coffee, burn yourself and you can sue the restaurant. Go to a bar, get drunk and crash your car, and you can sue the bar, the carmaker and probably the city for an unsafe road. Break into a house or business, intent upon robbery or worse, and the owner shoots you, you can sue him, the gun manufacturer and probably the lockmaker for making it too easy to break in. Better yet, you can rob somebody, shoot him dead, get captured and then get off by claiming the gun was responsible — not you

A young man was playing Little League baseball and was struck in the head by a line drive. A tragic accident, to say the least. His parents sued the makers of the aluminum bat, saying they were at fault because the ball comes off the aluminum bat faster than a wooden bat. Duh, that's why they use an aluminum bat. If the batter had been using a wooden bat and the bat had broken, and the boy had been seriously injured by the splintered bat, they probably would have sued the wooden bat company. The boy was awarded $2 million by a jury. Shame on the parents, shame on the lawyers and shame on the jury.

A few other things will be noted for the fall: Obama, the price of gas, no Monday Lodi News-Sentinel and adjustable baseball caps. But for the most part, the blame will be put where it belongs. As the wise Pogo once noted, "We have met the enemy and he is us."

Jim Sugden

Lodi

Rules of Conduct

  • 1 Use your real name. You must register with your full first and last name before you can comment. (And don’t pretend you’re someone else.)
  • 2 Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually oriented language.
  • 3 Don’t threaten. Threats of harming another person will not be tolerated.
  • 4 Be truthful. Don't lie about anyone or anything. Don't post unsubstantiated allegations, rumors or gossip that could harm the reputation of a person, company or organization.
  • 5 Be nice. No racism, sexism or any sort of -ism that is degrading to another person.
  • 6 Stay on topic. Make sure your comments are about the story. Don’t insult each other.
  • 7 Tell us if the discussion is getting out of hand. Use the ‘Report’ link on each comment to let us know of abusive posts.
  • 8 Share what you know, and ask about what you don't.
  • 9 Don’t be a troll.
  • 10 Don’t reveal personal information about other commenters. You may reveal your own personal information, but we advise you not to do so.
  • 11 We reserve the right, at our discretion, to monitor, delete or choose not to post any comment. This may include removing or monitoring posts that we believe violate the spirit or letter of these rules, or that we otherwise determine at our discretion needs to be monitored, not posted, or deleted.

Welcome to the discussion.

27 comments:

  • Mike Adams posted at 5:20 pm on Mon, Oct 22, 2012.

    Mike Adams Posts: 1377

    Thomas: Sorry our conversation was interupted by some know-it-all, and, and, and, can I do it? Can I stop mysel.....no!

    Should be Know-very-little.

     
  • Mike Adams posted at 8:22 am on Sat, Sep 29, 2012.

    Mike Adams Posts: 1377

    I think you don't have the slightest idea of what you are talking about.
    Stop while you're ahead.

    As with most arch-conservatives (a term I did not invent), no one gets what you are calling "dry humor" (I wonder, did you coin that phrase?). It just seems punkish (did not invent) and typical.

    What's the cat population in your neighborhood today? One or maybe 2 less than yesterday? I really wish you'd stop dropping them off at their new homes near my ranch. I've dispatched more former pets who were sick and injured and starving when they found out their new home didn't include chasing rabbits and butterflies than I should have had to. But we both know you don't have a taste for the wet work don't we. Call it my "dry humor".

     
  • Jerome Kinderman posted at 7:56 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Adams, considering that you gave Mr. Heuer "freedom" to use any of your material as a result of his specifically hoping that you wouldn't mind his use of the word "editorializing," the only logical conclusion to be drawn is that you believe you have some claim to it. Clearly you don't as the word has been in use since 1856 which I believe might be slightly before your time (or maybe not).

    Nevertheless, my entry into the conversation regarding the word was really just an attempt at a little dry humor. I’m sorry you were unable to appreciate it.

     
  • Mike Adams posted at 7:18 pm on Fri, Sep 28, 2012.

    Mike Adams Posts: 1377

    Mr. Kinderman: I allow anyone to use "my material" as they wish with the one exception. I am in no way claiming to have invented the term "editorializing", as much as I have in no way claimed to invented any of the other words I have ever used here. I think you must have absolutely nothing to do tonight except note the houses in your neighborhood that have cats. As appalling as that is, you seem to be better at that then "editorializing" my posts.


    An equal claim could be made for any parts of your sometimes lengthy posts where fragments of sentences may have appeared in noteworthy, copyrighted documents. I'm sure I could google any single word of any of your posts and find it in some material that has been copyrighted.

    For the record, I have several things copyrighted including sayings.

     
  • Jerome Kinderman posted at 5:44 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Hutchins writes, “‘The Rise and Fall of America.’ 2 months ago, I wrote a letter on the origins of USA, and US. I think this is what this quotation is referring to.”

    That’s very doubtful, Mr. Hutchins. It would be my decided opinion that the author of the letter was attempting draw likenesses between the “Rise and Fall of the Roman Empire” or even the “Rise and Fall of the Third Reich” and what might (in the author’s opinion) be written about the United States “in the near future” if our Republic were to fall due to the Supreme Court allowing lawyers to advertise in 1976.

    Hang on to that ego of yours Mr. Hutchins.

     
  • Jerome Kinderman posted at 5:43 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Hutchins writes, “‘The Rise and Fall of America.’ 2 months ago, I wrote a letter on the origins of USA, and US. I think this is what this quotation is referring to.”

    That’s very doubtful, Mr. Hutchins. It would be my decided opinion that the author of the letter was attempting draw likenesses between the “Rise and Fall of the Roman Empire” or even the “Rise and Fall of the Third Reich” and what might (in the author’s opinion) be written about the United States “in the near future” if our Republic were to fall due to the Supreme Court allowing lawyers to advertise in 1976.

    Hang on to that ego of yours Mr. Hutchins.

     
  • Jerome Kinderman posted at 5:43 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Hutchins writes, “‘The Rise and Fall of America.’ 2 months ago, I wrote a letter on the origins of USA, and US. I think this is what this quotation is referring to.”

    That’s very doubtful, Mr. Hutchins. It would be my decided opinion that the author of the letter was attempting draw likenesses between the “Rise and Fall of the Roman Empire” or even the “Rise and Fall of the Third Reich” and what might (in the author’s opinion) be written about the United States “in the near future” if our Republic were to fall due to the Supreme Court allowing lawyers to advertise in 1976.

    Hang on to that ego of yours Mr. Hutchins.

     
  • Jerome Kinderman posted at 2:09 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Adams, since the first known use of the word "editorializing" was in 1856, it can hardly be considered “[your] material.” (http://www.merriam-webster.com/dictionary/editorialize) Therefore it would be permissible for Mr. Liebich to use it as well.

     
  • Jerome Kinderman posted at 1:44 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    I don't believe Mr. Adams invented the word "editorializing," so it's not necessary to ask permission to use it.

     
  • Jerome Kinderman posted at 1:36 pm on Fri, Sep 28, 2012.

    Jerome R Kinderman Posts: 2350

    Mr. Hutchins - I noticed that no one seemingly found it necessary to the discourse to look up the two words and one phrase as you now directed twice. I'm curious as to why you would think taking the time to study these three items would provide salient or germane information to assist in either the understanding of the letter or the ensuing conversation(s).

    While I don’t own a copy of Black’s Law Dictionary and likewise have no access to one except for the free online version available to all who own a computer, here’s what I did find as it relates to the “Inns of Court” that you think is important: http://thelawdictionary.org/inns-of-court/

    I found no correlation. Please enlighten us.

     
  • Mike Adams posted at 6:27 pm on Thu, Sep 27, 2012.

    Mike Adams Posts: 1377

    Thomas: Feel free to use any of my material you wish. And that goes for everyone except hcibeil!

    Darrell: you have me at quite a disadvantage. I never worked at a McDonnalds and rarely ate there unless I was in Stockton. When Lodi's opened where the Sell Rite used to be, it was quite an event. I've never had coffee from McDonnalds or Wendy's or Burger King, or on very rare occasions Starbucks and that was probably because I was at an airport, maybe LAX. They have one there don't they?

     
  • Thomas Heuer posted at 12:13 pm on Thu, Sep 27, 2012.

    nth degree wise Posts: 1458

    Mike I like that word "editorializing" it really is a fine description of what happens alot. I hope you don't mind if I use it.

     
  • Thomas Heuer posted at 12:09 pm on Thu, Sep 27, 2012.

    nth degree wise Posts: 1458

    One of the other reasons the case was ruled in the coffee drinkers favor was that the McDonalds team went in with an attitude thinking this is a slam dunk case and acted very arrogant in their presentation.

     
  • Darrell Baumbach posted at 8:40 am on Thu, Sep 27, 2012.

    Darrell Baumbach Posts: 9405

    Mike stated....I'm not sure where the one handed opening idea came from and Darrell, whey you say "flimsy" cup you are editorializing.


    Unless McDonalds has changed since I worked there for two years, ceramic or metal cups are not used... no, filmsy cups made of material easy to crush have always been used, that is not me saying it, it is common knowledge.

    As far as the location and technique of opening the cup, I posted the following transcript.

    Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[11] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs

    Can you please post where I stated something about one handed as you claim... sounds like you are the one making things up...not me.

     
  • Kevin Paglia posted at 7:10 am on Thu, Sep 27, 2012.

    Kevin Paglia Posts: 2013

    The college I was attending was hit with TWO million $$+ lawsuits while I attended.

    The first was a freshman came in, got drunk, fell from her serority and got paralyzed. She sued the university for not protecting her from the ravishes of drinking. Came out in the trial that she had been a heavy drinker/partier for years. Case was settled for pennies on the dollar of what she wanted.

    Second was a guy who saw his buddies walking in the quad anf bared his posterior to them and pressed it aginst the glass on the third floor. The glass gave way and he fell. Glass embedded itself in his said posterior. He sued cause there was no warning on the windows telling him NOT to do this. HE WON. So warning stickers showed up all over campus saying not to press "buttocks" against glass.

    I know there are good lawyers out there who are concerned about protecting people and fighting for GOOD causes. But there is a large number of them who are looking for a quick buck at the expense of anyone who they can pull it out of.

     
  • Darrell Baumbach posted at 6:45 am on Thu, Sep 27, 2012.

    Darrell Baumbach Posts: 9405

    Mr Hodge stated...The reason the jury found McDonald's at such fault is that they were put on notice that they were serving their coffee too hot for normal service tolerances

    That is my understand too. It is why I do not have confidence in American courts and the juries they find... maybe its time to have professional juries who cannot so easily be manipulated by clever legal arguments.

    That this woman was at fault for such accident that resulted, should have diminished the award to only covering her medical bills in my opinion...

     
  • Mike Adams posted at 6:36 am on Thu, Sep 27, 2012.

    Mike Adams Posts: 1377

    Millions of people probably open up coffee cups this way. I'm not sure where the one handed opening idea came from and Darrell, whey you say "flimsy" cup you are editorializing.

    McDonnalds knew well that their coffee was too hot (reference the Pete Hodge post below) and they had been notified of this before.

    I can't believe that if one of our local coffee establishments had the same history that an insurance carrier would write them a policy without changing the temperature. If you had done so, and an injured party established in court that the coffee makers knew their coffee was hot and that their ins. carrier knew thier coffee was hot and would not have issued them the policy you wrote and I assume, the ins. Carrier would be off the hook. You probably would suffer some sort of sanction, either a lack of carriers letting you write policies, or being found "at fault" since you knew the condition existed prior to writing the polilcy and wrote it anyway, not seeking lowering of the temperature?

     
  • Pete Hodge posted at 11:59 pm on Wed, Sep 26, 2012.

    Pete Hodge Posts: 11

    Actually, we discussed this McDonald's case in great depth in Tort Law in Law School. The reason the jury found McDonald's at such fault is that they were put on notice that they were serving their coffee too hot for normal service tolerances. McDonald's, however, opted to continue to serve and brew the coffee at the higher temperatures because the bean-counters said that they could actually brew more cups of coffee per hour at a higher temp than if they were reduce the temp and brew, thus putting profits over safety. That is why the jury awarded the punitive damages they did.

    I do agree, however, this case was a total case of comparative negligence and the female should never have attempted to do the one-handed lid removal with the cup between her legs. I, as a seasoned coffee drinker, would never attempt such a thing ... but that's probably why I'm not a Plaintiff somewhere.

     
  • daniel hutchins posted at 11:43 pm on Wed, Sep 26, 2012.

    daniel hutchins Posts: 1338

    I gave three words to look-up in Black's Law Dictionary.

    Esquire
    Squire
    Inns of Court

    Darrell: You should be looking these up. Since I assume that you don't have Black's Law at home, you should try to find it on-line.

    If you don't start looking-up words and terms in the law dictionary, I don't see how you are going to get out of the quagmire of not understanding certain things.

     
  • Darrell Baumbach posted at 6:45 pm on Wed, Sep 26, 2012.

    Darrell Baumbach Posts: 9405

    Mike, you ar distorting what I posted. The person placed a flimsy cup full of hot coffee beween here legs ,then attempted to open the firmly fastened lid by pulling it towards her body. (cup still between her legs)
    I am a coffee drinker, and use those kind of cups daily for years. I would not under any circumstance do as she did. In fact, I would think it difficult to avoid spilling the coffee under that scenario.

    As far as hot coffee being too hot, again, absolutely absurd, especially since her intentions was to cold cold cream. If I get coffee from starbucks, I put it in my microvave until it boils, then drink it. My wife does not like coffee as well unless its boiling hot.

     
  • Mike Adams posted at 6:16 pm on Wed, Sep 26, 2012.

    Mike Adams Posts: 1377

    Darrell: Opening a styrofoam cup and adding sugar and cream is stupidity?
    While stopped in the passenger seat of a car?

    McDonnald's coffee was far hotter than anywhere, even homemade.
    Drinking it would burn your mouth it was so hot.

    There had been hundreds of complaints prior to this incident.

    Wouldn't is seem prudent (especially as an insurance company) to have a talk with their client regarding this potential liability? Being involved in the insuraunce industry, what would you say to McDonnald's......no you can keep it scalding if someone burns their mouth, that's too bad..they shouldn't be stupid enough to drink coffee?

     
  • Robert Chapman posted at 5:41 pm on Wed, Sep 26, 2012.

    Bob Chapman Posts: 997

    TV viewers are inundated with commercials from law firms encouraging them to sue, sue, sue. Don't want to worK? They will send you to a "doctor" to document your
    "disability" so you can collect free money. And, these kind lawyers won't "charge you a dime until you start collecting". I personally know lawyers that have morals and integrity but there are many, many more that don't subscrbe to these ethics. The law firm I have used for many, many years is the best in Northern California and call these TV lawyers the "scourge of the business". No argument from me.

     
  • Darrell Baumbach posted at 5:30 pm on Wed, Sep 26, 2012.

    Darrell Baumbach Posts: 9405

    wikipedia...
    Liebeck was in the passenger's seat of her grandson's Ford Probe, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[11] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs


    This woman had an unfortunate accident caused by stupidity. Placing a filmsy paper cup full of hot coffee btween your legs and opening it while still there is her error in judgement. That McDonald's was held legally liable is absurd.

     
  • Mike Adams posted at 4:41 pm on Wed, Sep 26, 2012.

    Mike Adams Posts: 1377

    I know it's been around for years, the greedy family who sued McDonnald's for selling coffee that was "hot" and "grandma" had some discomfort so they sued.

    From what I can see here and over the many years this since this actual true story began, was the attitude that if you don't like something sue. Even if your careless and injure yourself by using the lawn mower as a hedge trimmer you can sue and win.

    Of course what is always left out are the facts. I haven't checked it in snoppes yet, but I'm pretty sure the lawnmower/hedge trimmer is an urban legend.
    The coffee story is in fact, true. The woman involved didn't just stain her pants or
    the upholstery. She suffered 3rd degree burns over most of her lower torso and upper legs. She wasn't driving a car. She was in a car that was stopped.
    MacDonnalds was aware that it kept it's coffee too hot, but did not change anything.
    several hundred people also suffered burns from MacDonnalds coffee in the years prior to this incident, but didn't change anything. You can read this at:

    the http://www.lectlaw.com/files/cur78.htm

    There was also a documentary made recently about this case. It was on HBO or Showtime, some network. Just google it.

     
  • daniel hutchins posted at 11:18 am on Wed, Sep 26, 2012.

    daniel hutchins Posts: 1338

    "Esquire" is a British title. More on this later...

    Squire... etc.

    Inns of Court: That's another very important term which describes the origin of lawyers, and lawyer unions.

    I recommend looking up these terms in Black's Law Dictionary.

    "The Rise and Fall of America." 2 months ago, I wrote a letter on the origins of USA, and US. I think this is what this quotation is referring to.

     
  • Darrell Baumbach posted at 7:51 am on Wed, Sep 26, 2012.

    Darrell Baumbach Posts: 9405

    .Great letter! Jim Sugden articulates in writing what many have been thinking.


    Of course, I think very highly of lawyers who represent true victims of someone's nefarious behavior that resulted in damages.

    However in many cases, attorneys are the tool for numerous selfish people who believe they deserve money for natural accidents with no negligence associated with it.

     
  • Kevin Paglia posted at 7:09 am on Wed, Sep 26, 2012.

    Kevin Paglia Posts: 2013

    Can't blam JUST the lawyers. It is average people like you and me who actualy SIDE with the lawyers in court cases and decide to "stick it to them", them being big corporations. We are conditioned through "us" (those without a lot of money) vs "them" (those with money/corporations) advertising/campaigning to WANT to hurt those who have more than us.

    A lawyer may have helped sue for the spilled coffee or fast bat, but we the people sided with them out of revenge.

     

Recent Comments

Posted 1 hour ago by Ed Walters.

article: Letter: Evil is always present

I agree with Ron Portal: The ROE if left in place will eventually bring down the country, though Obama is doing well by himself. The ROE…

More...

Posted 2 hours ago by Thomas Heuer.

article: Letter: Voters should focus on a new di…

Mike I like your thinking here. I think you've got right.

More...

Posted 3 hours ago by Eric Barrow.

article: Letter: Evil is always present

Ron states his beliefs as if they are universal truths when actually they are simple Ron's opinions. Ron states "And appeasement to e…

More...

Posted 3 hours ago by Jien Kaur.

article: Letter: Voters should focus on a new di…

Mrs Welch - sorry that you have the need to demand answers to you questions. From my view - this is an opinion page and I gave my opinion …

More...

Posted 3 hours ago by Christina Welch.

article: Letter: Voters should focus on a new di…

Mike, The U.S. does not currently have proportional representation at the state or federal level. As long as all our states use single-me…

More...

Video

Popular Stories

Poll

Loading…

Your News

News for the community, by the community.

Mailing List

Subscribe to a mailing list to have daily news sent directly to your inbox.

  • Breaking News

    Would you like to receive breaking news alerts? Sign up now!

  • News Updates

    Would you like to receive our daily news headlines? Sign up now!

  • Sports Updates

    Would you like to receive our daily sports headlines? Sign up now!

Manage Your Lists