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12-21-2008, 05:17 PM
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#1 |
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Uncle Phil
Join Date: Feb 2004
Posts: 45,256
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Good Deed Goes Punished
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You're So Vain...You Probably Think This Sig Is About You |
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12-21-2008, 07:26 PM
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#2 |
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Gamebreaker
Join Date: Mar 2008
Location: Waldorf, MD
Age: 41
Posts: 12,514
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Re: Good Deed Goes Punished
and her friend blames her
I mean I probably wouldn't be happy with life if I ended up a para.. but jesus |
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12-21-2008, 08:31 PM
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#3 |
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Franchise Player
Join Date: Feb 2004
Age: 45
Posts: 8,317
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Re: Good Deed Goes Punished
It sucks, but the decision sounds fair. If Californians want to protect good samaritans who act negligently in coming to the aid of others, the California Legislature should amend the legislation to do so.
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12-21-2008, 08:58 PM
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#4 | |
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MVP
Join Date: Oct 2005
Location: lancaster,pa
Age: 63
Posts: 10,672
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Re: Good Deed Goes Punished
Quote:
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"It's better to be quiet and thought a fool than to open ones mouth and remove all doubt." courtesy of 53fan |
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12-21-2008, 09:23 PM
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#5 | |
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Franchise Player
Join Date: Feb 2004
Age: 45
Posts: 8,317
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Re: Good Deed Goes Punished
Quote:
Here, the California legislature passed a law which only granted immunity from first responders providing medical assistance. The court determined that the friend did not qualify for immunity under the law which was passed by the state legislature. As a result, the friend will be liable for money damages if a jury determines (1) that the friend was negligent and (2) the friend deserves to pay for that negligence. So, your problem isn't with the court's decision, it is with the narrowness of the immunity granted by the legislature for good samaritans. If you have a problem with the decision, take it up with a California state legislator. Alternatively, you can become an anarchist and hope that we get rid of those pesky "laws" which dictate the outcome of cases. More often than not, criticisms of the justice system are totally unfounded. The criticisms usually amount to attacks on policy choices reflected in laws. Since laws are passed by the people through their representatives in legislatures, criticisms of the justice system usually amount to, "We the people hate laws that we the people helped pass. But, because we hate lawyers, we blame the judges for enforcing the laws we passed." |
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12-21-2008, 09:34 PM
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#6 | |
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Playmaker
Join Date: Jan 2006
Location: Manassas
Age: 53
Posts: 3,048
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Re: Good Deed Goes Punished
Quote:
I generally agree with you, but this case exemplifies why somebody back in England a long time ago started using the word "however". As in, the law states such and such, however...
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This Monkey's Gone to Heaven |
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12-21-2008, 09:41 PM
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#7 | |
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Franchise Player
Join Date: Feb 2004
Age: 45
Posts: 8,317
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Re: Good Deed Goes Punished
Quote:
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12-21-2008, 11:12 PM
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#8 |
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\m/
 
Join Date: Feb 2004
Location: NY
Age: 52
Posts: 99,496
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Re: Good Deed Goes Punished
A truly F'd up situation
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12-22-2008, 11:43 AM
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#9 |
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Playmaker
Join Date: May 2004
Posts: 2,836
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Re: Good Deed Goes Punished
The issue here is with the scumbag plaintiff, not with the court's ruling. You can't legislate decency.
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12-22-2008, 12:02 PM
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#10 | |
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Living Legend
Join Date: Oct 2004
Location: chesapeake, va
Age: 60
Posts: 15,817
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Re: Good Deed Goes Punished
Quote:
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12-22-2008, 12:04 PM
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#11 | |
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Franchise Player
Join Date: Feb 2004
Age: 45
Posts: 8,317
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Re: Good Deed Goes Punished
Quote:
Let me pose this hypothetical. Suppose the legislature passes a law which essentially says, "No one can ever be liable for coming to the aid of another, regardless of whether they acted negligently." Then suppose a little boy's arm gets stuck inside of a soda machine and some nutjob decides he has to "rescue" the boy and get his arm out of the machine. So, said nutjob cuts the boy's arm off and calls 911. A blanket rule providing total immunity for "rescuers" would protect said nutjob from civil liability. Does that sound fair? Of course not. So, the legislature provided a middle course. Let a jury determine whether a rescuer should have to pay or not. Last edited by Sheriff Gonna Getcha; 12-22-2008 at 12:21 PM. |
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12-22-2008, 12:04 PM
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#12 |
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MVP
Join Date: Feb 2004
Location: Seattle
Age: 45
Posts: 10,069
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Re: Good Deed Goes Punished
The court's ruling is valid. Obviously the person has standing to file a lawsuit, the challenge is convincing a jury that your friend should have taken more care in saving your shitty life.
As for good samaritans in general, there's a good way and a bad way to do something. I don't suppose to know how this good samaritan conducted herself in her effort to save her life. If she took unnecessary measures I don't see how this case would be different from that doctor who cut off a patient's penis without asking permission because he detected cancer.
__________________
"The Redskins have always suffered from chronic organizational deformities under Snyder." -Jenkins Last edited by saden1; 12-22-2008 at 12:57 PM. |
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12-22-2008, 12:37 PM
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#13 |
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\m/
Join Date: Feb 2004
Location: NY
Age: 52
Posts: 99,496
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Re: Good Deed Goes Punished
Life altering events often bring out the worst in people, that's what I think is the real shame here.
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12-22-2008, 12:55 PM
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#14 |
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MVP
Join Date: Feb 2004
Location: Seattle
Age: 45
Posts: 10,069
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Re: Good Deed Goes Punished
More like where there's money there's squirrel trying to get your nut.
__________________
"The Redskins have always suffered from chronic organizational deformities under Snyder." -Jenkins |
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12-22-2008, 02:37 PM
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#15 |
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Living Legend
Join Date: Oct 2004
Location: chesapeake, va
Age: 60
Posts: 15,817
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Re: Good Deed Goes Punished
In my business I see this type of stuff all the time.
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