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  • billy3esq

    Feb. 26, 2010 8:30 p.m. billy3esq SuperDork

    aircooled wrote:

    OK, all very nice for the widow and kids and such, BUT ISN'T THIS WHAT LIFE INSURANCE IS FOR!!! (excuse me for yelling)

    So if I run a stop sign and slam into your car I shouldn't have to pay because you should have had auto insurance? That doesn't even begin to make sense. One's liability for his torts is independent of whether or not the injury caused is otherwise insured.

    aircooled wrote:

    And what about the wife and kids of the GT driver who now no longer have that money to live off of?

    I doubt that they're hurting. I'm sure the GT driver had plenty of that life insurance you were ranting about. I'd also be willing to bet that the $2MM or so from the GT driver was paid by his insurance company and not his estate. (Probably an umbrella policy.)

    aircooled wrote:

    They should pay for the sins of the father? Some peoples kids are more worthy than others?

    No, the father's estate should pay for the sins of the father. The father's liability attached before his death, meaning that it was an obligation of the estate when the estate came into being. But, yes, the "victim" of the negligence and his heirs are "more worthy" than the party who was at fault and his heirs.

    I tend to agree with you on the 9/11 thing, but that's a totally unrelated issue.

    The other thing you seem to be forgetting is that this was a SETTLEMENT, not a jury award. All parties agreed to this. Most likely they agreed because they wanted certainty. Had it gone to trial the jury might have been like most of the people on this thread and given the widow nothing. Alternatively, the jury might have been full of people who would have given the widow tens of millions. If the widow's lawyer tells a good enough story, there would likely be more of the latter than the former.

    In any case, this is a lesson for everybody. You're much better off deciding your own fate than letting twelve people who couldn't get out of jury duty decide for you.

  • Jensenman

    Feb. 26, 2010 8:32 p.m. Jensenman SuperDork

    The highlighted is some BS logical fallacy. You could say, why dosen't a hammer have an electronic control stopping you from beating in your old lady's head. ..... I mean they could do it..

    That's my whole point. A co worker had a saying WHOOP WHOOP WHOOP POLITICAL INCORRECTNESS AND GROSS INSENSITIVITY ALERT 'Babies are born dead and sometimes missiles don't fly' END POLITICAL INCORRECTNESS AND GROSS INSENSITIVITY ALERT

    Sometimes E36 M3 just happens and all our good intentions can't head it off or fix it if it happens. But PI lawyers sure can squeeze a buck out of it, regardless of the cost to the rest of society.

    I'll STFU now.

  • billy3esq

    Feb. 26, 2010 8:40 p.m. billy3esq SuperDork

    Jensenman wrote:

    Both men, according to the waivers they signed, were fully aware of the risks and were willing to accept those risks. A bunch of lawyers said they had no right to assume those risks. Something is wrong with this picture.

    It's not a question of right to assume risks, it's a question of whether we can impute the assumption of an unknown and unforseeable risk. The law in many states is no, and has been for a long time. This is nothing new. Any good 1st year law student could tell you how this would play out.

  • Jensenman

    Feb. 26, 2010 8:51 p.m. Jensenman SuperDork

    billy3esq wrote:

    Jensenman wrote:

    Both men, according to the waivers they signed, were fully aware of the risks and were willing to accept those risks. A bunch of lawyers said they had no right to assume those risks. Something is wrong with this picture.

    It's not a question of right to assume risks, it's a question of whether we can impute the assumption of an unknown and unforseeable risk. The law in many states is no, and has been for a long time. This is nothing new. Any good 1st year law student could tell you how this would play out.

    So since we are born into a world full of unknown and unforseeable risks, we should be assigned an attorney at birth to whoop ass on whatever may befall us.

    Got it.

    In any human endeavor, there are always unknown and unforseeable risks. Ian Fleming illustrated this very well (butchered and paraphrased): 'You have stroked the cue, it has hit the 6 ball which is rolling toward the corner pocket. By the rules of the billiard table, there is nothing which can prevent the ball from going into the pocket.'

    'But outside the building there is a jet plane which has lost power and is just about half a second from crashing into the building which holds your billiard table. That means that the rules of the billiard table are about to be null and void. That ball will never reach the pocket.'

    We can argue about the number of angels dancing on the head of a pin for hours. It comes down to this: human error was involved. Which is provided for in waivers. But lawyers have figured out how to make waivers worthless through splitting semantic hairs, thereby making our world 'safer' but a lot less interesting.

  • aircooled

    Feb. 26, 2010 9:34 p.m. aircooled SuperDork

    aussiesmg wrote:

    So by your logic, if I run your innocent arse over, whilst I am drunk and stupid in my mega SUV 4x4 Lardosaurus, you should not get compensation if I am also killed because my innocent family would be penalized.

    That is pretty weak. No wonder we are such a litigious country

    Ummm.... no. What I am saying is that these payments are apparently to support the wife and kids because that is so important, and yet if that was so important (to the one that died) shouldn't that person have some sort of life insurance? Rather then depend on the ability to sue someone else, who may, by the way, have no money to sue for.

    And also, that while the wife and kids of one (who are or course innocent) are important, yet the wife and kids of the other are not (who also are innocent) and both are almost in the exact same state of loss.

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