Matronics Email Lists Forum Index Matronics Email Lists
Web Forum Interface to the Matronics Email Lists
 
 Get Email Distribution Too!Get Email Distribution Too!    FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Why is it such a bad thing
Goto page 1, 2, 3, 4  Next
 
Post new topic   Reply to topic    Matronics Email Lists Forum Index -> RV-List
View previous topic :: View next topic  
Author Message
n395v



Joined: 10 Jan 2006
Posts: 450

PostPosted: Wed Jan 17, 2007 10:26 am    Post subject: Why is it such a bad thing Reply with quote

Quote:
Why is that such a bad thing?


Its a bad thing because you premise most of what you say based on a belief that.....

The eaa and FD are culpable
That trials do not go to juries unless there is "something there"

That juries are competent to make decisions that are correct.

This is pure crap.

The guy died because he flew an airplane and crashed.

The eaa and fd are out 10.5 million.

Our legal system is out of control and the prime beneficiaries are lawyers

The cost of everything goes up because of this crap and it is perpetuated by people who think it is OK.
Judges are also "elected" here in Mississippi. Unfortunately the law requires they be lawyers. Many old laws still on the books still keep a large part of our population from voting. Hardly representative I think.

In Mississippi as well as other states. Minorities fair worse in criminal cases for the same crimes.

Wealthy people and corporations fare worse than middle income and low income defendants.

Awards from one county to the next 5 are grossly different for similiar cases.

In some counties Drs always win malpractice suits in others they always lose.

So much for a juries abilities and talents.

Do not archive


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Milt
Back to top
View user's profile Send private message
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 11:09 am    Post subject: Re: Why is it such a bad thing Reply with quote

N395V wrote:


Its a bad thing because you premise most of what you say based on a belief that.....



Absolutely no basis in fact. None. What I base my premise on is simply this: (a) there is a difference between what we THINK we know as fact, and what is fact (b) it is always better to want to know as much as possible about something and to recognize when we don't.
Quote:

That juries are competent to make decisions that are correct.

This is pure crap.


I don't live in Mississippi so I can't comment on the justice system there. But I think over the course of 200+ years, people in this country who serve on juries have proven that it's a darned good system and that they are capable of making decisions that are correct.

Are there exceptions, of course. But arguing that a good old fashioned lynching by people who haven't taken the time -- and apparently don't WANT to- take the time to listen fairly to the evidence is a better system of justice is just, well, kinda whacky, imho.

I think people are always afraid of being wrong. And given how far out on a limb (lynching, get it? Thank you, I'm here all week, order the veal and tip your waitress!) you've all gotten with this one, considering all the facts might well cause us to reconsider what we think we know.

Me? I DON'T know but I sure as heck am interested in finding out more.

This is a lot like the nose gear debate, imho. Because we have a bunch of RV-a's flipping over...therefore it simply MUST be a bad design. We COULD spend our time and pool our resources and considerable talent actually analyzing the design. But we don't. We fold our arms, say "stupid Van's" and conclude that there's a problem because, well, there simply MUST be.

What we ought to do is just calm down and seek more information. If you examine it and decide the jury is stupid, then that's certainly your right.

Reminds me of an old newsroom joke here.

One editor says to a reporter, "did you check your facts?" And the reporter says, "why? I ruin a lot of good stories that way."

(do not archive)

Incidentally, for those of us who use the Web site, the "do not archive" command is not intuitive. It probably should be built in to the interface. I believe that everything on the Web form is archived.


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
LloydDR(at)wernerco.com
Guest





PostPosted: Wed Jan 17, 2007 1:14 pm    Post subject: Why is it such a bad thing Reply with quote

I have stayed out of the jury debate, but lets put this out there for
the jury system in America and its infatuation with who is right.
Remember O.J.? They found him not guilty, and in the next case for money
they found him guilty, two different Jury's deciding the outcome based
on the same information presented. Explain that one?
The system is broken and needs to be fixed. The end result is the guy
killed himself, and his family does not deserve anything regardless of
what happened, everything else is fodder.
Lets get back to building planes, because I can see how an engine debate
is directly relevant to airplane building but do not understand how jury
duty even relates, other than lost time from pounding rivets.
Dan
N289DT (RV10E)

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 1:40 pm    Post subject: Re: Why is it such a bad thing Reply with quote

LloydDR(at)wernerco.com wrote:
The end result is the guy
killed himself, and his family does not deserve anything regardless of
what happened, everything else is fodder.


You know, if it should happen tomorrow that we find out the last 1,000 main wing spars sent out by Van's were built improperly and with substandard material, there'll be at least 1,000 builders on this board who won't be posting, "whoops, my fault." (g)
Do not archive


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
Terry Watson



Joined: 09 Jan 2006
Posts: 290
Location: Seattle, WA USA

PostPosted: Wed Jan 17, 2007 3:01 pm    Post subject: Why is it such a bad thing Reply with quote

It relates because this one incident may cost us one of the best EAA flyins
in the country. You make a good point about a jury system, but you make your
point and then you want to end the discussion by saying, "because I can see
how an engine debate is directly relevant to airplane building but do not
understand how jury duty even relates, other than lost time from pounding
rivets.", maybe just use the delete key if you aren't interested in the
discussion. There is a tendency to think posts to this list are out of place
unless they relate directly to what one is doing at the moment. Check out
Matt's stated purpose for the list. It is NOT just about building. Someone
died in an RV crash and the repercussions may affect a great many of us. I
think it's a valid topic.

Terry
RV-8A finishing

Oh yes, do not archive

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
View user's profile Send private message Send e-mail
jpl(at)showpage.org
Guest





PostPosted: Wed Jan 17, 2007 3:12 pm    Post subject: Why is it such a bad thing Reply with quote

Bob, I think the problem is that most of us don't think the EMS team
should be held responsible for being slow, and certainly not to this
amount, regardless of the details. Even if the EAA shoved the
emergency folks in some out of the way corner of the airport where
they were guaranteed to be slow, I don't think that by itself should
result in a liability suit.

I don't want to be held liable for expectations of service unless I
specifically contracted to provide those services. Did the EAA
provide a written guarantee to provide this pilot a certain response
time in the case of an accident? Probably not. So these implied
expectations are bull hockey.

-J

On Jan 17, 2007, at 3:40 PM, Bob Collins wrote:

Quote:

<bcollinsrv7a(at)comcast.net>
LloydDR(at)wernerco.com wrote:
> The end result is the guy
> killed himself, and his family does not deserve anything
> regardless of
> what happened, everything else is fodder.
You know, if it should happen tomorrow that we find out the last
1,000 main wing spars sent out by Van's were built improperly and
with substandard material, there'll be at least 1,000 builders on
this board who won't be posting, "whoops, my fault." (g)
Do not archive

--------
Bob Collins
St. Paul, Minn.
RV Builder's Hotline (free!)
http://rvhotline.expercraft.com


Read this topic online here:

http://forums.matronics.com/viewtopic.php?p=88391#88391




- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 3:16 pm    Post subject: Re: Why is it such a bad thing Reply with quote

Terry Watson wrote:
It relates because this one incident may cost us one of the best EAA flyins
in the country.


Why not require everyone who flies in sign a waiver that absolves the EAA, the city, and its agents of all liability. That says specifically if you crash, you're on your own. We offer no emergency services. Period.

People would sign before they're allowed to fly in.

Also, maybe this will solve the other problem that people flying in seem to have -- the great unwashed being allowed on the flight line. Maybe EAA will see everyone as a potential lawsuit and limit access.

I'm guessing EAA will be just fine. It's a flippin' money machine with deep pockets and fat cat corporate benefactors.

For the record, btw, I'll be making doubly sure at OSH at this year's RV BBQ that the food is safe to eat; not that anyone here would hold it against me if they ate bad meat, mind you. (g)


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 3:36 pm    Post subject: Re: Why is it such a bad thing Reply with quote

jpl(at)showpage.org wrote:
Bob, I think the problem is that most of us don't think the EMS team
should be held responsible for being slow, and certainly not to this
amount, regardless of the details.


I understand that. I even share some of those concerns (except for the "regardless of the details" part. Those tend to matter to me). But, then again, I didn't have a loved one burn to death, either.

Like I said, however, it depends on whether the guy could have survived his injuries. I haven't seen the autopsy report. I presume the jury did.

If the guy could have lived but died because the agency responsible for emergency response was unreasonably slow (again, I'm not saying they were. I'm not saying they weren't), then that would seem to me there's something to deliberate over.

As for you not thinking the EMS should be held liable, I fully appreciate that stance which, I assume, is formed via some deliberation in your own mind. But I actually DO respect the jury process becuase juries are made up of people like you and me and everyone else we know and while it's fun to say "juries are stupid," I don't think you're stupid, and I don't think I'm stupid.

I don't know, by the way, if you've ever sat in a courtroom as a judge instructs a jury but it's an excrutiatingly long process and very intricate with specifics about what can and what can't be considered.

I don't know what the judge's instructions were in this case but, again, I DO know that there's more to this story than what ANN , in its less-than-objective fashion, decided to write. And, of course, they weren't there either.

As someone said earlier, just as we demand that people hold off judging what happened in any plane crash until the facts are known, so too is it an appropriate instruction here.


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
rvbuilder(at)sausen.net
Guest





PostPosted: Wed Jan 17, 2007 4:07 pm    Post subject: Why is it such a bad thing Reply with quote

And that is the general problem with society today. Everyone expects
something for nothing and if they don't get it they sue anyone they can
find. It's really a sad state of affairs when we have to have laws put
in place to protect good Samaritans so people wouldn't just pass up
someone in trouble because they are afraid of getting sued.

Same thing goes with jury's that award millions of dollars for acts of
Darwinism just because they don't want to close the door on the chance
they may get a windfall down the road. Remember the McDonalds coffee
incident or one of hundreds similar.

Do not archive

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 4:37 pm    Post subject: Re: Why is it such a bad thing Reply with quote

[quote="rvbuilder(at)sausen.net" Everyone expects
something for nothing and if they don't get it they sue anyone they can
find. [/quote]

OK, not to quibble, but I will. I think what bothers me is an otherwise intelligent group of people, smart enough to fly, and smart enough to build airplanes.... aren't at all interested in learning more about what exactly this case was about.

Instead we've decided that (1) juries are stupid (2) the family of a dead pilot should be hanged (3) everyone wants something for nothing.

That's an awful lots of generalization (and not to quibble but if that last one is true, that includes the person who said it.).

I'm trying to turn this whole thing on its ear because -- being in the news media -- I read the same sort of generalizations here and on VAF whenever there's a story in the mainstream media about a plane crash or about an aviation event.

Onlyt hen it goes like this:

(1) Reporters are stupid (2) Reporters don't check their facts before deciding what the story is (3) Reporters should wait until they know the facts before speculating on what happened.

So that's why I'm pretty awestruck by this thread which leads me to wonder..... which way do you want it? 'Cuz I recognize a lot of the same names that said a few months ago "The media is stupid because it doesn't check facts before spewing" now saying "we don't care about the facts or details."

This is an interesting and newsworthy case precisely because the jury verdict is unusual. Not because it happens all the time.

Isn't there anyone out there who wants to learn more? Or at least take the same advice some of you have given to the media about wild speculation and uninformed generalizations?


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
LloydDR(at)wernerco.com
Guest





PostPosted: Wed Jan 17, 2007 5:04 pm    Post subject: Why is it such a bad thing Reply with quote

Product liability is a whole different ball of wax. And as the builder
we are responsible for the airworthiness of our kits, so even if Vans
did send out bad spars, we would be responsible, the only thing that
could change that is if it was the wrong temper of metal, or a bad batch
of metal from Alcoa, then we would have a leg to stand on, but if they
were built improperly, we are the builders and accept the responsibility
for the parts we had manufactured on our behalf..right? "GRIN"
I too agree there is an argument to everything, but my point is where
does personal responsibility end and begin. The pilot in question was
there by his own choice, he was not told or made to attend, nor was he
working the show, flying is in of itself a hazardous recreational
activity, and certain responsibilities are assumed. If we as a society
want to keep persuing risky activities and not have them regulated out
of existence we must start to accept that responsibility for our
actions. If a person is skiing and runs into a tree, and dies from the
cold before the ski patrol arrives, the ski resort is not responsible,
read the back of the lift ticket, skiing is an inherently dangerous
sport...yadda, yadda, yadda. Just like flying, if you take off with the
seatbelt wrapped around the passenger stick, you as a pilot can already
know what will happen. Lets face it, he was in a hurry to leave, low
time pilot, in a new plane, and was dis-oriented on the airport, got in
a bigger hurry because people were watching him back taxi, and made the
mistake during take off.
Yes, we are all arm chair quarterbacking, but end result was it was the
pilot error that caused the accident, regardless of what happened, none
of it would have taken place if the pilot broke the chain of events
before the crash, that is the personal responsibility that is at stake
here. The pilot chose to take part in a risky endeavor, and paid the
ultimate price, nobody else caused that crash, he did. The family/lawyer
has sour grapes for whatever reason, but it was not product liability
that caused the accident.

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
n616tb(at)btsapps.com
Guest





PostPosted: Wed Jan 17, 2007 5:18 pm    Post subject: Why is it such a bad thing Reply with quote

Bob, I for one would like to know more. However that said, I have a hard
time believing that any of it will sway me to believe someone else is
responsible for his accident. Even if the emergencies services didn't show
up at all. Had they caused the crash and then didn't respond accordingly to
attempt to make their wrong right it would be different. But... They
didn't. Instead they showed up and made every attempt short of getting
someone else hurt to do what they are trained to do. Nobody at the scene
wanted this man to crash and nobody wanted him to die. I witnessed it and I
didn't want this to happen. I wasn't able to run over there and save him,
should I be responsible somehow also? So yes the facts are certainly
important, but for me it will be interesting to see what could possibly
cause me to change my mind and say somebody should pay out millions of
dollars for some part of what happened because of his unfortunate mistake.

By the way I sat on a jury for a pretty high profile case. I was terribly
disillusioned and swore I would never do it again. Quite frankly there were
some on the jury who thought the nice man couldn't have possibly done that.
It isn't a perfect system, and often it really sucks.

By the way, however mentioned the OJ case as an example. The civil system
works quite differently than the criminal system. With criminals given so
many rights it is much harder to convict. Preponderance of the evidence vs.
no doubt or something like that. Not a good example to compare, but a good
example of why our system is really broke. Any body can sue anybody and the
judge won't through out a bad case no matter how much it costs you to fight
it. It sucks!

Do Not Archive this junk
Tim

[quote] --


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
LloydDR(at)wernerco.com
Guest





PostPosted: Wed Jan 17, 2007 5:20 pm    Post subject: Why is it such a bad thing Reply with quote

You are exactly correct Terry someone died in a plane crash 7 years ago
and we hashed it out then, and then again 3 years ago when it was first
decided, and we are now spending more time arm chair quarterbacking a
bad piloting decision.
There is no way a reasonable person could see it any way other than
that, in my opinion, it is the jury looking at a large corporation and
deciding to stick it to them. The pilot made the error, he was there by
choice, no one forced him there, paid him to be there, or implied that
there would be services available if he caused an accident. How is this
situation any different than if you fly into any small airport and
crash? Does your surviving family members have a right to sue the local
fire department because they were not on scene quickly enough? No, the
lawyer sees a large cash cow (the EAA) and decided to talk the family
into going after it. This is the exact reason a $10k airplane now costs
$200k, product liability, and who has the deepest pockets.
Dan

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
LloydDR(at)wernerco.com
Guest





PostPosted: Wed Jan 17, 2007 5:31 pm    Post subject: Why is it such a bad thing Reply with quote

Bob
I do not think the issue is about not wanting the details, because based
on the facts we do have we are making the decision that it should never
have gone farther than he crashed and it is over. Instead, we all feel
that the lawyer talked the family into proceeding. I do not think most
people automatically blame someone else, especially in a case like this.
They know he was the one to do it, rather I feel it is the family
grasping at straws to make it okay in their mind, that the pilot would
not be that dumb to kill himself and it could not possibly be his fault.
But the lawyer is playing on those fears of wrongness and talked the
family into going after whoever had the money, we all know the lawyers
follow the deep pockets, and in this case, 3.5 million in commission
plus expenses looks pretty good and I too would try to talk someone into
going for it.
Just my .02
Dan

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 6:09 pm    Post subject: Why is it such a bad thing Reply with quote

//I do not think the issue is about not wanting the details, because based
on the facts we do have we are making the decision that it should never have
gone farther than he crashed and it is over.

But that's the problem. If the guy had just had the good sense to die on
impact, it would have been over. But he didn't.

And no, we don't have any fact. We weren't at the court case and it's
obvious, by the way, that not a single news reporter was a the court either.
So we don't know, really, anything. All we know is we don't like the result
of a court case we know nothing about.

// Instead, we all feel that the lawyer talked the family into proceeding.

And that's fine. But that doesn't mean the lawyer did. That's my point. What
we THINK happen, doesn't mean that's what happened.
//They know he was the one to do it, rather I feel it is the family grasping
at straws to make it okay in their mind, that the pilot would not be that
dumb to kill himself and it could not possibly be his fault.

Whether the crash was his fault was NOT at issue in this case.

//But the lawyer is playing on those fears of wrongness and talked the
family into going after whoever had the money

And we don't know that either. We suspect this to be the case, but it
doesn't mean it is.

What we have here, frankly, is a lynch mob mentality. That doesn't mean
there isn't good reason for it, and I completely understand the emotional
reacton to that. What I DON'T understand is the lack of interest in even
considering that what we THINK is the story, might not be THE story.

Like I said before, what I've seen on this list in the last two days, is
the same thing a lot of you accuse the media of doing in the aftermath of a
big story that has not yet completely developed.

It's a lynch mob mentality. The guy who started this thread even said the
family should be lynched. The guy didn't even know that the court case
wasn't about what caused a plane to crash. Was it too hard to even check to
see what the jury was asked to decide?

We should be better than this. We should be smarter than this. We should
demand more of ourselves.

Do not archive


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
jpl(at)showpage.org
Guest





PostPosted: Wed Jan 17, 2007 6:11 pm    Post subject: Why is it such a bad thing Reply with quote

Actually, the McDonald's coffee incident was a valid case. Here's
the wikipedia entry on the case:

http://en.wikipedia.org/wiki/McDonald's_coffee_case

The portions of this I consider significant are that:

-Stella Liebeck sought to settle with McDonald's for her medical
costs only ($20,000). McDonalds refused and offered $800.

-The coffee was SO incredibly hot that Liebeck suffered third degree
burns over 6% of her body, scalding her buttocks and groin. She
required skin grafting and 2 years of treatment.

-McDonald's coffee was being served as hot as 190 degrees (and
possibly slightly hotter). This temperature is far more than
required to make a drinkable cup of coffee. In fact, the company
acknowledges the coffee is not drinkable as served and requires cooling.

-McDonalds KNEW they were creating a dangerous situation, as they'd
had previous burn cases. Common sense indicates that anyone with a
cup of coffee in a styrofoam container in their car will periodically
spill the coffee. The manufacturer of the coffee thus should take
adequate steps to reduce the dangers. McDonald's refused to do so.

The disputed opinion is that coffee should be brewed hot but served
at something resembling a drinkable temperature. I'm not much of a
coffee drinker, but I once got a cup from a fast food restaurant that
when I took a sip 5 minutes later, I thought I had scaled the back of
my throat. My wife looked at me in alarm as I turned bright red and
started to gasp.

Coffee served that hot is dangerous. Handing it to someone in a car
in an inadequate container is even more dangerous. You may not agree
with the verdict, but if you look at the entire case, you can
understand that it wasn't completely frivolous.

-Joe

do not archive
On Jan 17, 2007, at 6:04 PM, RV Builder (Michael Sausen) wrote:

[quote]
<rvbuilder(at)sausen.net>

And that is the general problem with society today. Everyone expects
something for nothing and if they don't get it they sue anyone they
can
find. It's really a sad state of affairs when we have to have laws
put
in place to protect good Samaritans so people wouldn't just pass up
someone in trouble because they are afraid of getting sued.

Same thing goes with jury's that award millions of dollars for acts of
Darwinism just because they don't want to close the door on the chance
they may get a windfall down the road. Remember the McDonalds coffee
incident or one of hundreds similar.

Do not archive

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 6:14 pm    Post subject: Why is it such a bad thing Reply with quote

//The pilot made the error, he was there by choice, no one forced him there,
paid him to be there, or implied that there would be services available if
he caused an accident. How is this situation any different than if you fly
into any small airport and crash?

Simple. Because the EAA admitted it had responsibility to provide emergency
services when it contracted for emergency services.

//This is the exact reason a $10k airplane now costs $200k, product
liability, and who has the deepest pockets.

Well that's an interesting view considering that Van's offers absolutely no
guarantees when it sells metal parts to you that you make into an airplane,
and those parts cost you $17,000 without avionics or an engine.

But let me know if you can build me a plane for $10,000 and I'll gladly sign
anything that waives all liability.

And maybe I'll fill it up with some of that 29-cent-a-gallon gas while I'm
at it. (g)

Do not archive.


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 6:18 pm    Post subject: Why is it such a bad thing Reply with quote

//Bob, I for one would like to know more. However that said, I have a hard
time believing that any of it will sway me to believe someone else is
responsible for his accident.

Would you at least concede that the issue here is NOT what caused the
accident?

// Even if the emergencies services didn't show up at all. Had they caused
the crash and then didn't respond accordingly to attempt to make their wrong
right it would be different. But... They didn't. Instead they showed up
and made every attempt

That very well may be true but since nobody -- so far -- has been able to
identify one witness, one piece of testimony,one judge's instruction or one
element of the case, we can't very well say that.

Look, I'll tell you what. I'll bankroll the cost of picking up the court
records. I know there's a lot of Rvers on the list who live in this area.
Wouldn't someone be willing to go to the courthouse, pick up the documents,
FEDEX 'em to me and I'll make them all available somehow online for proper
discussion. If it shows this widow is just some money grubbing woman who
should be lynched, so be it. If it shows something else, that's fine. But at
least it'll be an informed opinion and informed deliberation.

Anyone?

Please?

Bob
Do not archive


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
rvbuilder(at)sausen.net
Guest





PostPosted: Wed Jan 17, 2007 6:23 pm    Post subject: Why is it such a bad thing Reply with quote

Actually, I wasn't commenting about the trial or the rest of the
thread. I do believe I was pretty specific in my first line on what I
was commenting on. I didn't read anything about the settlement so I
can't comment on that. As a journalist I would think the facts of my
statement are clear to you. Smile

Oh ya, and seeing how this disappeared or was forgotten.... do not
archive

--


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List
Back to top
Bob Collins



Joined: 11 Mar 2006
Posts: 470
Location: St. Paul, Minnesota

PostPosted: Wed Jan 17, 2007 6:30 pm    Post subject: Why is it such a bad thing Reply with quote

//nobody else caused that crash, he did. The family/lawyer has sour grapes
for whatever reason, but it was not product liability
that caused the accident.

Again, product liability isn't the issue. The cause of the crash isn't the
issue.

What contributed to the man's death is an issue. Did he? Hell yes. Of course
he did. He flew a plane into the ground.

Is there a responsibility on anyone's part once that plane hit the ground?

If your son or daughter is involved in a car crash tonight. Is there a
responsibility once the first responders get there. Is there a reasonable
standard of care they should have?

When he or she gets to the hospital, is there a standard of care that can be
expected. Or is it OK, if a doctor could save his/her life through some
means, but chooses instead to finish watching the last segment of American
idol before they try to restart her heart.

Silly? Of course the scenario is. But OF COURSE the doctors have a
responsibility. Of COURSE the first responders have a responsibility. That
responsibility is not rendered moot by the fact your so or daughter chose to
go drive a car that night.

The EAA recognized it had a responsibility to provide emergency services at
the airshow. Why? Because it did. Whether that was provided in a proper
manner we can't know.

But to suggest that because the pilot crashed in the first place, that
respnsibility doesn't matter, is as silly as saying at your local E.R.
tonight, the medical standards don't matter either, because everyone there
had a personal responsibility not to end up there.

You want to string up a lawyer. Here's what I suggest. String up whoever
represented the EAA.

Do not archive.


- The Matronics RV-List Email Forum -
 

Use the List Feature Navigator to browse the many List utilities available such as the Email Subscriptions page, Archive Search & Download, 7-Day Browse, Chat, FAQ, Photoshare, and much more:

http://www.matronics.com/Navigator?RV-List

_________________
Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/
Back to top
View user's profile Send private message Visit poster's website AIM Address
Display posts from previous:   
Post new topic   Reply to topic    Matronics Email Lists Forum Index -> RV-List All times are GMT - 8 Hours
Goto page 1, 2, 3, 4  Next
Page 1 of 4

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You can download files in this forum


Powered by phpBB © 2001, 2005 phpBB Group