Results 1 to 8 of 8

Thread: New York Mother to sue city for $200 million

  1. #1
    Senior Member
    Join Date
    Oct 2010
    Posts
    254
    vCash
    11,822
    Rep Power
    15

    New York Mother to sue city for $200 million

    http://nypost.com/2017/09/12/mom-who...gain-attorney/

    I am curious if you were on the jury would you award her the $200 Million? What would happen next? Do they shut down all the city parks across the nation? Will all city owned property be forced to put up signs stating that you enter at you own risk? Will we be forced to sign waivers before we enter any public owned property? As a taxpayer aren't all of us to some degree the owners of these public properties? I truly feel sorry for this poor woman but in my opinion she chose to be there and the end results were an act of God.

  2. #2
    Senior Member
    Join Date
    Nov 2010
    Posts
    353
    vCash
    16,021
    Rep Power
    18
    My first thought is that I wouldn't award her that much, although I'd have to know more details, especially her long-term prognosis. $5 million seems to be a closer ballpark figure for most cases like this.

    Guessing her attorneys were looking at this case in Chicago before they threw out the $200 million figure:

    http://www.chicagotribune.com/news/l...823-story.html
    Last edited by Zunardo; 09.13.2017 at 12:17 PM.

  3. #3
    Reppin' the 330/216/843 iclfan2's Avatar
    Join Date
    Nov 2009
    Location
    Charleston, SC
    Posts
    6,022
    vCash
    386,042
    Rep Power
    60
    I would categorize a bus shelter (man-made) vs. a tree much differently. Her insurance company should sue the park and get as much as possible, but $200M seems like an awful lot. In the Chicago case, good for her.

  4. #4
    333 - I'm only half evil CenterBHSFan's Avatar
    Join Date
    Nov 2009
    Posts
    5,948
    vCash
    504,722
    Rep Power
    35
    Shouldn't the tree be confirmed as diseased or some such before a claim of notice is filed?
    "Beauty without Vanity,
    Strength without Insolence,
    Courage without Ferocity,
    "

  5. #5
    Senior Member
    Join Date
    Nov 2009
    Posts
    14,730
    vCash
    1,316,213
    Rep Power
    62
    In general, I oppose any awards beyond the "value of a human life" (and, yes, they can come up with reasonable dollar figures for each and every one of us) with maybe a little extra for pain and suffering. Extremely unlikely I'd ever give anyone over $10M.

    The more ridiculous awards are getting into punitive and deterrents, which I think has merit but shouldn't be going to one individual (after the lawyers take ONE THIRD). But then you have the Obama DOJ using those punitive awards as a slush fund.

  6. #6
    Senior Member Verbal Kint's Avatar
    Join Date
    Jul 2017
    Location
    San Pedro PD
    Posts
    134
    vCash
    5,480
    Rep Power
    3
    Quote Originally Posted by CenterBHSFan View Post
    Shouldn't the tree be confirmed as diseased or some such before a claim of notice is filed?
    That is the law in Ohio for being liable. Unsure about other states.

  7. #7
    333 - I'm only half evil CenterBHSFan's Avatar
    Join Date
    Nov 2009
    Posts
    5,948
    vCash
    504,722
    Rep Power
    35
    Quote Originally Posted by Verbal Kint View Post
    That is the law in Ohio for being liable. Unsure about other states.
    I just think that it should be a condition of being able to file a lawsuit such as the one in question. You shouldn't be able to blindly sue a city because nature happened - unless it was a fact prior to the tree falling that it was in danger of doing so, then I think it is reasonable.
    On the other hand, any tree can fall at any time for whatever reason. Maybe there should be a slush fund labeled "Mother Nature" so that people could indiscriminately sue it for big money.
    "Beauty without Vanity,
    Strength without Insolence,
    Courage without Ferocity,
    "

  8. #8
    Chief Shenanigans Officer O-Trap's Avatar
    Join Date
    Nov 2009
    Posts
    14,694
    vCash
    915,224
    Rep Power
    81
    Quote Originally Posted by CenterBHSFan View Post
    You shouldn't be able to blindly sue a city because nature happened - unless it was a fact prior to the tree falling that it was in danger of doing so, then I think it is reasonable.
    Might this also be warranted if the tree is on private property? If a tree in my yard falls and hurts someone, but there was no good reason to believe that I was being derelict in tending to it, should I be held liable?
    "When has anyone ever been persuaded by being insulted or labeled? [...] That's why people wait until they're in the voting booth. No one's watching anymore. There's no blame or shame or anything, and you can finally say what you really think, and that is a powerful thing." - Thomas Walker as Jonathan Pie

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •