People Who Bring Frivolous Lawsuits Should Be Sued
BABBLE-ON
Scott Donald Sanderlin
Comments/Correspondence to:
sunfoof
(C) MMV
Unbelievable. The gall of mankind shall surely be our demise. I'm referring to a news item I just watched on the local news (WESH-2). This news makes my mind twist agonizingly around the concepts of responsibility, accountability, culpability, denial, blame, and wanton greed. Apparently there is a bereaved family in Brevard County who has been preyed upon by litigators (IMHO). I say preyed upon by litigators because I cannot fathom that a group of rational persons could have engaged this legal scheme on their own [explanation to follow]. The family is bringing a lawsuit against a subdivision which celebrates the Christmas holiday with an abundance of decorative lights.
The nature of the lawsuit alleges that the defendant homeowner's association of the subdivision is mutually culpable, and therefore, liable for damages [civil, I presume] in the death of their daughter this past Christmas season. Why? Well, your gut reaction is appropriate. Anyone with good sense will want to know why the family feels an entire group of homeowners are responsible for the loss of a loved one.
Did the neighborhood denizens chase the daughter down and beat her with lead pipes? Resoundingly, no. The allegation, though, is that this neighborhood is the agent of the daughter's death . . . Oh, sorry, is that terminology too strong? How about this then. The allegation is that this particular subdivision is the causative factor for the daughter's death. Still too much? Well the family wants a judge or jury, and the general public, to believe that the homeowner's assoction caused their daughter to die.
No, you didn't read incorrectly. Let me explain. Maybe you can see the logic driving the lawsuit forward. You see, the neighborhood enjoys a mild reknown in the Cocoa area of Brevard County, Florida, for their Christmas lights. So people come from wherever they do to see the decorations and enjoy the atmosphere. The daughter in question visited as well, one fateful night. As she steered her car, to the left, into the subdivision she crossed the opposing traffic flow and was fatally struck by another car. [Notice, her hands were on the wheel; no hand of anyone in the homeowner's association steered that car.]
Now, I'm sure you're thinking that I'm a cold-hearted bastard. Don't I care about the poor girl who lost her life? Have I no sympathy for a family who has lost a beloved member? Of course I do. I think it's a terrible shame, and I wouldn't wish it on anyone. But I do not feel sympathy at the expense of innocent and good-natured citizens who went to the trouble of decorating for Christmas. I do not, under any circumstance, comprehend why another reasonable human being would allege that the "responsibility" for this unfortunate death lay on any other than pure accident.
Again, IMHO. Maybe there was more evidence at the scene of the crash that could support the family's allegation. You know dear reader, as I consider it more, I realize that I actually hope I am wrong and that there is a reason to find the jubilant community liable for the daughter's death. Otherwise, we're all in trouble. Thanks for reading, namaste.
To live is to wonder.
To wonder is to live.
sds
posted by Unknown at 23:05
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