by JWoods 116 Replies latest social current
The lawsuit was total BS and should have been thrown out by the court.
Since you obviously have knowledge of the case, woud you be so kind as to list which elements of the offense were not proved and what pertinent facts allowed you to arrive at this conclusion?
Since he was a pitcher, no he would not have worn a helmet. Just a ballcap.
In this particular case, if one feels the need to "punish" anyone it would be the batter, not the company who manufactures the bat. In my poor opinion this is a tragic accident. They do happen without anyone necessarily being at fault. That does not minimize the poor parents' pain and suffering however.
Since you obviously have knowledge of the case, woud you be so kind as to list which elements of the offense were not proved and what pertinent facts allowed you to arrive at this conclusion?
Exactly.
In real life "tort reform" is code used by insurance companies who seek to limit monetary damages that they have to pay out for the insured person
So really any talk of "reform" is rather pointless.
Probably this is correct...but that is also exactly the point: If the baseball bat company (really it's liability insurance company) has to pay $850,000 for something that it is demonstrably not at fault for - we have only a small example here of the millions (billions, we should say) various insurance companies are paying out for "medical malpractice" issues.
This always bubbles back up the stream to all the payers of medical insurance. It seems that there is a vast resistance on the part of the medical reformers, particularly on the left, to address this issue. Need we remind ourselves of where John Edwards got his millions?
So, in reality, when the "evil health insurance company" (really the "evil medical malpractice insurance company") attempts to limit these huge emotional judgements, they are also attempting to reduce the cost of health insurance to the consumer. This is probably the largest gaping hole in the present Democratic plans for health care reform.
Rodbar writes:
"Please tell us what we have to lose, especially health and life wise from all this. A couple examples would be refreshing. The only thing I see being abusive and stupid around here is you."
As I thought... can’t think for yourself!
Unbridled and ridiculous jury awards run competent professionals from the markets they serve. This hurts everyone, and it hurts them in many ways. When, for example, a competent primary care physician leaves his or her practice for such a reason then our citizenry's capacity to care for the sick is reduced. Less capacity reduces care. Reduced care leads to increased morbidity and mortality. Need I spell this out more with a crayon, or do you think you have "it" now?
As for abusive, you got what you asked for. If you bother the idiocy of intimating something of me that I have not said then you might as well strap yourself in for the ride you asked for and that your readers deserve to see you take. We all must answer. Make a note of it.
Marvin Shilmer
As I thought... can’t think for yourself!
Unbridled and ridiculous jury awards run competent professionals from the markets they serve. This hurts everyone, and it hurts them in many ways. When, for example, a competent primary care physician leaves his or her practice for such a reason then our citizenry's capacity to care for the sick is reduced. Less capacity reduces care. Reduced care leads to increased morbidity and mortality. Need I spell this out more with a crayon, or do you think you have "it" now?
As for abusive, you got what you asked for. If you bother the idiocy of intimating something of me that I have not said then you might as well strap yourself in for the ride you asked for and that your readers deserve to see you take. We all must answer. Make a note of it.
Marvin Shilmer
Look, Dude, you are the one who says it's a problem. It is up to you to defend your position not for me to try to figure out what your rabid, insane membrane is trying to convey to the peanut gallery. Deal with it.
And so far you have not defended your position. But to use your example, a competent primary care physician does not have to leave his practice if he is, indeed, competent. If he's been sued for malpractice and lost the suit, perhaps he shouldn't be practicing medicine because of his incompetency. The loss of one incompetent doctor is not really a loss. It really is a no brainer, so it should be easy enough for you to understand.
Speaking of competent physicians, maybe you should schedule an appointment with one to see if he can do something about that stick up your ass.
Boxing gloves protect the hands of the boxer, allowing him/her to hit harder than they would barehanded with the fear of breaking a hand, they alos create an illusion of safety because people think that they gloves were created for the sake of the person getting hit and not the person doing the hitting.
So I assume the next lawsuit is against everlast !
Note: It won't happen because boxing is a KNOWN and inherantly dangerous sport, unlike baseball.
Rodbar writes:
"But to use your example, a competent primary care physician does not have to leave his practice if he is, indeed, competent."
I see your need to flash stupidity is yet to be satisfied. Can you say the B word?
Competent primary care physicians are leaving their practice every day of the week because skyrocketing cost of insurance coverage runs them out of business.
When competent contributors to society are rendered unable to contribute because of black-letter law, common law or jury awards, then the burden of proof is met that the insanity needs to stop. The same loons that hold a bat company responsible for someone getting hit with a projectile from that bat are kin to loons who make a refrigerator company pay an idiot for a back injury sustained while engaged in a foot race with a refrigerator strapped to his back.
Go get a book. Learn how to read it.
Marvin Shilmer
There is a definate liberal tendency to blame someone else (someone percieved to be richer than you are) for all that goes wrong in life. Sometimes, sh*t just happens.
Woods, this is a ridiculous statement. And wholly untrue. Just because right wing talkers have ingrained this kind of thinking into your head, does not make it so.
I started to post here earlier, and got interrupted. My comment was going to be "How absurd, life is dangerous". And as you may be aware, I am considered a Liberal.
In most cases like this, the point is to force the company to take precautions so this kind of thing doesn't happen again. Personally, I can't imagine what precautions could have been taken here. But as Rob said, we don't have all the facts.
Just a thought - don't most junior sports teams make the parents sign a waiver in order for the kids to play?
Maybe that is why this thing got escalated up to the equipment manufacturer, with the school or coach apparantly not targeted.
