personal accountability and frivolous lawsuits

[kimo55]

(from a story in today's paper...)

Boy I hope the state prevails in this one.
In fact, I hope no money is wasted and this damned thing doesn't go anywhere:
Ok. So; Denise Callo in Maui, (who should know better) is driving under the influence of alchohol, more than three times the legal limit AND is smoking marijuana. She takes a drive with her 3 month old baby. and two 16 year old passengers. (one, who escaped with only minor injuries, cuz they were thrown from the car, while NOT wearing a seat belt., being glad they did not encounter the clik it or ticket cop beforehand.)
Oh., and Denise was apparently making an illegal U turn.
Now, the parents, Annette and Ernest Callo, (who should know better) who it appears didn't teach their kid anything in ernest, has filed a lawsuit saying the state is responsible for this druggy's actions and responsible for THEIR own lack of guidance through Denise's childhood. They want to force the state to destroy the land and the view by installing bariers everywhere.
Their liar, I mean lawyer tells us "the state should know better".

Oh, wot; a mother driving around 3 children in her car should NOT know better than to endanger the lives of others in a dangerous deathtrap machine while completely stoned and drunk off her ass?!

for shame, for shame, you people!
Shallow Callo and the lawer should be incarcerated. Now! before anyone else learns it is ok to act comPLETELY irresponsible and go through life absolutely devoid of personal accountability and responsibility, while endangering the lives of each and everyone near them, and if something 'bad' happens, it is everyone else's fault!
Cockaroaches, all!

[Miulang]

Re: personal accountability and frivolous lawsuits

This is why there needs to be tort reform. Too many people want to blame someone else when something goes wrong; there's no personal accountability and the plaintiffs don't even think twice about suing because they hire their attorneys on contingency (no money up front), so if the attorney does his job right, he stands to get at least 50% of whatever the award is.

I don't think Denise Callo was the mother of the little kid, though. The baby's mother's name is Tiffany Malia Romena and the other kid who was killed was James Makekau. The baby is either Denise Callo's granddaughter or niece.

I don't think any sitting judge would hear the suit anyway; it's kind of a stretch to say that the State forced Denise Callo to drink a near-fatal dose of alcohol and smoke marijuana which impaired her judgement of where the edge of the road was...

Miulang

[kimo55]

Re: personal accountability and frivolous lawsuits

and smoke marijuana which impaired her judgement of where the edge of the road was...

Miulang

or where the lane was.
or where the cliff was.
or where the steering wheel was.
or what her name was.
or the laws of the road.
or a sense of responsibility.
or.....

[scrivener]

Re: personal accountability and frivolous lawsuits

The driver had a .27% blood-alcohol content, which is more than three times the legal limit. I hope the state wins this one, too, but you can see where a court might hear this case. There's probably no arguing that the accident itself was the driver's fault, but whether or not the state, knowing that this is a regular stop-and-look site for lots of drivers, should have put barriers there is another issue. I think it comes down to whether or not the state puts barriers in such places because it considers this kind of safety its responsibility or whether it does it out of some kind of thoughtfulness.

The state regularly DOES put barriers in such places, meaning it is aware of such danger. The driver did not race right off the cliff--she was turning the car around and one of her tires went off the edge. Had there been barriers there, she probably wouldn't be dead; at least, she probably wouldn't have died THERE: I'd say her odds of dying somewhere else that night were still quite good.

I say that whether she was drunk or not is irrelevant in this instance. If someone drives off the road onto a shoulder that, by its very nature, is dangerous, the driver is responsible for whatever happens.

[Miulang]

Re: personal accountability and frivolous lawsuits

That particular area is mostly frequented by locals (who should know better), not tourists. The tourists for the most part use the lookout a little further down the road which is paved and safe with barriers. The only dangerous thing about that lookout is people trying to make a left turn into it from the Wailuku side going toward Lahaina; tourists have been killed because of legal left hand turns there and oncoming cars headed for Wailuku failing to yield.

Miulang

[kimo55]

Re: personal accountability and frivolous lawsuits

I think it comes down to whether or not the state puts barriers in such places because it considers this kind of safety its responsibility or whether it does it out of some kind of thoughtfulness.

The state regularly DOES put barriers in such places, meaning it is aware of such danger. The driver did not race right off the cliff--she was turning the car around and one of her tires went off the edge. Had there been barriers there, she probably wouldn't be dead; at least, she probably wouldn't have died THERE I say that whether she was drunk or not is irrelevant in this instance.

wow. you could be an attorney for people like these..

[scrivener]

Re: personal accountability and frivolous lawsuits

wow. you could be an attorney for people like these..

Hey! That's not nice!

[poi cocktail :)]

Re: personal accountability and frivolous lawsuits

this reminds me of the family who took their kids for a walk over the Golden Gate Bridge. they don't watch the baby and it crawls over to the roadside... and falls through the (quite obvious) gap and down to the bay below we then had to build a multi-million dollar, extremely ugly safety fence. darwin at work?

[craigwatanabe]

Re: personal accountability and frivolous lawsuits

this reminds me of the family who took their kids for a walk over the Golden Gate Bridge. they don't watch the baby and it crawls over to the roadside... and falls through the (quite obvious) gap and down to the bay below we then had to build a multi-million dollar, extremely ugly safety fence. darwin at work?

Just like that idiot that died at the Blowhole a while ago. Yep Darwin at work.

[Moto]

Re: personal accountability and frivolous lawsuits

That was my pet peeve on another thread. The lawyers have it where nobody is accountable for their own actions/inactions. Somebody, is always at fault for your lack of judgement (ability to think). Sadly, this is a trend that has been going on for years and it doesn't look like it will stop anytime soon.

I steal a car, the police chase me, I crash and burn, my parents sue the City, because the police chase caused my death... or I kill someone in the chase, and the survivors of the deceased sue the city because the police chase caused the death. Naturally, they do not sue me, because, I have no money, no job, no insurance and am worthless to sue. Sad.

[Kilinahe]

Re: personal accountability and frivolous lawsuits

... or I kill someone in the chase, and the survivors of the deceased sue the city because the police chase caused the death.

Didn't Clyde Arakawa sue his victim's parents? The nerve.

[craigwatanabe]

Re: personal accountability and frivolous lawsuits

He tried and failed. I'm sure he'll burn in hell for that gesture.

What's really scary is that if you're a homeowner with a cracked sidewalk in front of your home and someone trips and breaks a bone from it, you could be sued and lose! Amazing!

The joke at my old working place was that if you fell and hurt yourself while on the clock what is your immediate response? The correct answer is to contact your supervisor. The reality is to contact your lawyer and settle for an early retirement!

[jdub]

Re: personal accountability and frivolous lawsuits

the lack of personal accountability has become part of the fabric of society...i have a cousin in philly that was just arrested for involuntary manslaughter because her boss asked her to pour a drink for an underaged girl, who later proceeded to drive herself to death...the owner of the bar my cousin works(ed) in has been cited for serving the under-aged in the past, but it's my cousin who is taking the heat for serving the girl at the owner's behest...she has two kids, and even though she probably won't go to prison, she is likely to be bankrupted by attorney fees...it makes me sick...

[kimo55]

Re: personal accountability and frivolous lawsuits

the lack of personal accountability has become part of the fabric of society...

all-pervasiveness doesn't justify anything.

[jdub]

Re: personal accountability and frivolous lawsuits

absolutely not...it's just a sad, simple truth