Bicycle crash changed young man's life



S

Sandy

Guest
Dans le message de
news:[email protected],
Johnny Sunset <[email protected]> a réfléchi, et puis a déclaré :
> Sandy wrote:
>> Dans le message de
>> news:[email protected],
>> john <[email protected]> a réfléchi, et puis a déclaré :
>>> Sandy wrote:
>>>
>>>> If you are indeed curious enough, the pleadings and much of the
>>>> discovery materials are public record, and you could go read the
>>>> basics to form your opinion.
>>>
>>> Hi Sandy
>>> How does one do that from a remote location? Are there any charges
>>> involved?
>>>
>>> Thanks, John

>>
>> To the extent that there are electronically submitted and archived
>> pleadings, you may be able to access them on-line. Depends on the
>> jurisdiction, and sometimes on the local budget. For copies of
>> depositions, they can be obtained. All of this costs money for
>> reproduction or for on-line access. Lawyers for the parties are not
>> likely to give any of this away free, and were it my client (either
>> side), I would avoid being cooperative. Why ? Because during the
>> course of trial, you're busy enough as it is.

>
> And more importantly, if it is not for the client, it can not be
> billed.


Yes, business sense. Sometimes PR value will get free disclosure, just as
obviously happened when the Plaintiff sought to get news coverage. But I
expect you'll still have to pay for the steno's transcript, not get a free
copy.
 
T

Tim McNamara

Guest
"Leo Lichtman" <[email protected]> writes:

> There may be another way to fold this and hold it to the light: At
> the time of the accident, the boy was 16 years old. Even if we
> assume, for the sake of discussion, that the father was adequately
> warned, how binding is this on his minor son? I am not so sure a
> minor can waive his rights simply because he lacks the judgement of
> an adult.


Hmmm. A child has different rights and privileges than an adult for
that reason. Their rights and privileges are given to them
incrementally- age of consent to sexual activity (varies according to
state), driving at 16, voting at 18, legally buying alcohol at 21,
legally buying tobacco at... is it 18 or 21? I can't recall. Anyway,
the law recognizes that cognitive abilities develop over time and thus
the ability of the child to exercise their rights changes as they
mature into adulthood.

> Further, if the father was warned, and failed to warn his son, or
> take adequate precautions, the case might actually be one of child
> endangerment.


Hmmm. My suspicion is that adequate warning was not given, the odds
being that the store employee was not a "trained" or "qualified" bike
mechanic and may not have know the risks him- or herself.

> I believe if you take your car into a garage for brake work, and the
> mechanic finds it to be unsafe to operate, they are not supposed to
> let you drive it out. Why wouldn't the same principle apply to a
> bicycle?


Probably because as a culture we don't take bicycles seriously. We
see them as toys- even most "serious" cyclists use them primarily in
toy mode.
 
J

Johnny Sunset

Guest
Sandy wrote:
> Dans le message de
> news:[email protected],
> Johnny Sunset <[email protected]> a réfléchi, et puis a déclaré :
> > ...
> > And more importantly, if it is not for the client, it can not be
> > billed.

>
> Yes, business sense. Sometimes PR value will get free disclosure, just as
> obviously happened when the Plaintiff sought to get news coverage. But I
> expect you'll still have to pay for the steno's transcript, not get a free
> copy.


What is the secret that lawyers have?

I would never bill clients for little things, since it will likely
cause them to choose someone else for their next project.

--
Tom Sherman - Fox River Valley
 
S

Sandy

Guest
Dans le message de news:[email protected],
Johnny Sunset <[email protected]> a réfléchi, et puis a déclaré :
> Sandy wrote:
>> Dans le message de
>> news:[email protected],
>> Johnny Sunset <[email protected]> a réfléchi, et puis a déclaré
>> :
>>> ...
>>> And more importantly, if it is not for the client, it can not be
>>> billed.

>>
>> Yes, business sense. Sometimes PR value will get free disclosure,
>> just as obviously happened when the Plaintiff sought to get news
>> coverage. But I expect you'll still have to pay for the steno's
>> transcript, not get a free copy.

>
> What is the secret that lawyers have?
>
> I would never bill clients for little things, since it will likely
> cause them to choose someone else for their next project.


Billing, just like witnesses telling the truth, is art, not science.
 
Johnny Sunset wrote:

> I would never bill clients for little things, since it will likely
> cause them to choose someone else for their next project.


All the little things, messenger runs, copy charges,
lunches, etc. are carefully tallied and assigned to
the respective clients/cases. Whether the clients
are openly 'billed' for these charges is another
matter.

Robert
 
J

Jay Beattie

Guest
Much of what gets billed is determined by the client, especially if it
is a corporation or an insurance company with a ten-page billing
guideline. Defending manufacturers and insurers is much like being an
HMO physician these days.

As for sharing information, it happens all the time -- last week I
shipped off an entire box of transcript from a four week med-mal trial
(not mine; I was handling the appeal) so another attorney could copy
it. Plaintiffs attorneys "sell" discs full of documents, motions and
pleadings in some of these cookie-cutter mass-tort cases like Vioxx or
cigarettes. Many plaintiffs' attorneys just collect cases and turn them
over to others and live on shares of the contingent fee. Lawsuits
become like commodities. I see this all the time -- I get to deal with
the "collector" attorney until he or she turns it over to the real
trial attorney. Look in the back of Buycycling and you will see the
"accident attorneys" who will handle your claim from some remote state.
Well, unless they are licensend to practice law in your state, then
they are just handing the file over to someone locally and are taking a
referral fee or a share of the contingent fee. -- Jay Beattie.
 
L

Luke

Guest
In article <[email protected]>, Tim McNamara
<[email protected]> wrote:

> > Further, if the father was warned, and failed to warn his son, or
> > take adequate precautions, the case might actually be one of child
> > endangerment.

>
> Hmmm. My suspicion is that adequate warning was not given, the odds
> being that the store employee was not a "trained" or "qualified" bike
> mechanic and may not have know the risks him- or herself.


Some context: Canadian Tire, the ubiquitous Canadian retailer that sold
and serviced the bike, specializes in hardware, housewares and auto
parts. Similar to Walmart, but with more emphasis on tools and
construction needs, it has a bicycle department more in theory than
fact. The quality of bikes and related components stocked are of X-mart
quality or slightly better; and an obligatory youth, chronically
harried and haphazardly possessed of information and misinformation,
presides over the concern.

I drop by for the odd tube or chain (1/4 x 1/2).


Luke
 
C

Chris Z The Wheelman

Guest
What? Did he actually expect to get a decent, quality BICYCLE from a
company that makes CAR TIRES???

- -
Comments and opinions compliments of,
"Your Friendly Neighborhood Wheelman"

My web Site:
http://geocities.com/czcorner

To E-mail me:
ChrisZCorner "at" webtv "dot" net
 
A

A Muzi

Guest
>>news:[email protected],
>>Johnny Sunset <[email protected]> a réfléchi, et puis a déclaré :
>>>And more importantly, if it is not for the client, it can not be
>>>billed.


> Sandy wrote:
>>Yes, business sense. Sometimes PR value will get free disclosure, just as
>>obviously happened when the Plaintiff sought to get news coverage. But I
>>expect you'll still have to pay for the steno's transcript, not get a free
>>copy.


Johnny Sunset wrote:
> What is the secret that lawyers have?
> I would never bill clients for little things, since it will likely
> cause them to choose someone else for their next project.


Right you are, Tom.

When you have a good ongoing relationship with a law firm
there is no charge for notary service, quick questions,
sometimes a filing and most importantly they seek an outside
expert when your immediate issue falls outside their
expertise. That is good service.

Having built a good base with dozens of traffic citations
and then rounded it out with a few problems we dumped on the
firm (they sued and prevailed each time) we call our
attorneys whenever there's a legal question and well before
it's a legal problem. The 'small stuff' is never billed.

--
Andrew Muzi
www.yellowjersey.org
Open every day since 1 April, 1971
 
P

Paul Hobson

Guest
Michael Press wrote:
> In article <[email protected]>,
> [email protected] wrote:
>
> [...]
>
>
>>["h*lm*t" is used to avoid the kill file that weeds out postings
>>containing the dread word.]

>
>
> Why do you compensate? Do you care what someone like that
> thinks?
>
> Helmet. Helmet. Helmet. Helmet. Helmet. Helmet.
>


most newsreaders can't filter by the message body since only the header
is downloaded. right?

--
Paul M. Hobson
Georgia Institute of Technology
..:change the f to ph to reply:.
 
J

Jay Beattie

Guest
<[email protected]> wrote in message
news:[email protected]
> Lucas Iragusa writes:
>
> >> Interestingly, they don't say whether he was wearing a

h*lm*t.
> >> Usually if the victim wasn't, it gets reported as the most
> >> significant factor by pious journalists who have never

ridden a
> >> bike since they turned 14.

>
> > I agree; this is infuriating. By the same standard news

accounts of
> > pedestrians struck dead[1] by autos should note whether the

victim
> > was wearing a h*lm*t.

>
> Also, I notice that the rider fell on his face smashing his jaw

and
> forehead, areas not protected by bicycle h*lm*ts. Of the head
> injuries I have witnessed, most were the face and a couple the

skull
> below and behind the ear. All were wearing h*lm*ts.
>
> The term "face-plant" is appropriate because that is the most

common
> serious impact.


Helmets help reduce facial injury at the eye orbit on up --
including the forehead. See e.g. Thompson et. al., A
Case-Control Study of the Effectiveness of Bicycle Safety
Helments in Preventing Facial Injury, American Journal of Public
Health, Vol. 80, No. 12 (1990). This assumes that you do not
have a hard plastic headband that drives itself into your
forehead, like I did. I ended up with a welt from my helmet, but
no impact between the concrete and my forehead. I did not escape
stitches in my face below my right orbit, however, but those were
necessitated by the sharp edge of my frameless glasses being
driven down to my cheek bone which neatly divided the muscle.
Avoid frameless glasses and riding on icy pavement, and always
ask for the plastic surgeon. Rules to live by. -- Jay Beattie.
 
M

Michael Press

Guest
In article <[email protected]>,
Paul Hobson <[email protected]> wrote:

> Michael Press wrote:
> > In article <[email protected]>,
> > [email protected] wrote:
> >
> > [...]
> >
> >
> >>["h*lm*t" is used to avoid the kill file that weeds out postings
> >>containing the dread word.]

> >
> >
> > Why do you compensate? Do you care what someone like that
> > thinks?
> >
> > Helmet. Helmet. Helmet. Helmet. Helmet. Helmet.
> >

>
> most newsreaders can't filter by the message body since only the header
> is downloaded. right?


Right, but that is not germane to my purpose.

--
Michael Press
 

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