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View Full Version : Kucinich sues over olive pit!



pooltchr
01-27-2011, 03:40 PM
Another example of the victim mentality carried by the left. Here we have a member of Congress setting the example that if something bad happens, the answer is to find someone else to blame, and then make them pay!!!!!

http://voices.washingtonpost.com/44/2011/01/dennis-kucinich-sues-house-caf.html

What a jerk! I suspect he probably makes more in one year than the owner of the cafeteria makes in 5 years! I wonder how many jobs this will create (or lose).

And they wonder why congressional approval ratings are so low!

Steve

Soflasnapper
01-28-2011, 01:22 AM
Since this is the first lawsuit from someone in Congress against anybody that's made the news that I've ever heard of, it seems unlikely that this kind of thing was the reason the public holds the Congress in such low regard. Do you know of other such incidents?

Whether or not he has a case, I have no idea. That depends on the precedents in the judicial district in which he brings his claim, and possible theories that may go beyond those precedents as well.

If there is no principled reason in law to award him anything, I suspect this will result in his losing the case, and his legal fees. If there is, he may win, but not necessarily.

If it's thrown out as a nuisance suit without basis in law, he loses both his legal fees and some of his reputation. Whatever else he is, he isn't completely stupid, and I suspect his counsel told him he has a case.

If we believe in freedom, then people should be allowed to seek remedies before the bar of justice, and then let the chips fall where they may.

sack316
01-28-2011, 01:43 AM
Fair enough assessment Sofla... but $150K for some dental repair work? He better have some serious bling in that grill! /forums/images/%%GRAEMLIN_URL%%/wink.gif

Sack

LWW
01-28-2011, 04:21 AM
I have to stick up for Dennis on this one.

And, FWIW, I have a great deal of respect for DK and think he is honestly trying to do what he believes is right ... even though I disagree with him on nearly every issue.

LWW

sack316
01-28-2011, 05:51 AM
Oh yes, he is certainly within his rights and I'm sure he also feels he's doing what he feels is correct.

But there's being within your rights, and then there's doing what is right. Why not just ask for his bills to be covered, though? The act of suing here isn't what bothers me, it's the amount.

If this was a regular occurrence there (which it may be that we are just unaware of) then yeah, send a message. But to my knowledge, which is admittedly limited in this case, this is an isolated incident and an accident... so that's what I'm going by.

Sack

LWW
01-28-2011, 06:13 AM
If he indeed "sustained serious and permanent dental and oral injuries requiring multiple surgical and dental procedures, and has sustained other damages as well, including significant pain, suffering and loss of enjoyment." then something beyond the cost of the bill, paid for by the taxpayer anyway I'm sure, would be appropriate.

Is $150K strong? I think so, but the standard for any of this is to start high and negotiate.

LWW

Qtec
01-28-2011, 06:24 AM
Its 5 grand for the dental work and the rest is lawyers fees.

Q

LWW
01-28-2011, 06:29 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Qtec</div><div class="ubbcode-body">Its 5 grand for the dental work and the rest is lawyers fees.

Q </div></div>

So you acknowledge that oiur health care system desperately needs tort reform.

I told you you were close to enlightenment, and you just made a breakthrough.

BRAVO!

LWW

pooltchr
01-28-2011, 07:48 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"> including significant pain, suffering and loss of enjoyment."

LWW </div></div>
I can't speak to the pain and suffering, although I suspect there are millions of Americans who have been able to "suffer through" a broken tooth.

As for the other, I doubt very seriously if he will lose his seat in congress, or even have his pay docked for time missed from work.

I mean, come on! An olive pit??????????

Yes, he does have the right to file the suit. Is it the right thing to do? I don't think so. As someone else pointed out, having his dental bills paid would be reasonable. This is symbolic of what is wrong with this country. Law suits are the new American lottery. Spill your coffee on yourself and sue McDonalds.

We have a very sad case here in town of a high school boy who somehow managed to breach security, hide himself in the wheel well of a passenger jet to Boston. His body was found on a Mass street when he fell out (probably dead already) when the landing gear was lowered. Now this kid broke how many laws trespassing on federal property, entering restricted areas of the airport, etc. His parents are suing the airport for failing to catch him breaking the law!!!!!

It's insane!

Steve

Sev
01-28-2011, 08:10 AM
The guy is a jackwad.

eg8r
01-28-2011, 09:19 AM
Good thing for Kucinich, losing some of his reputation actually would be a good thing. /forums/images/%%GRAEMLIN_URL%%/smile.gif

eg8r

Sev
01-28-2011, 10:01 AM
HAHHAHAHAHAHA!!

I figured the mother ship would swoop in an pick him up.

Soflasnapper
01-28-2011, 01:54 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sack316</div><div class="ubbcode-body">Fair enough assessment Sofla... but $150K for some dental repair work? He better have some serious bling in that grill! /forums/images/%%GRAEMLIN_URL%%/wink.gif

Sack </div></div>

Pain and suffering included in that figure, no doubt, and perhaps some request for additional punitive judgment as well.

Soflasnapper
01-28-2011, 02:03 PM
Spill your coffee on yourself and sue McDonalds.

That was the most misunderstood and badly reported case I can think of.

McD served its coffee at scalding, unfit for human consumption temperatures. They said it was so it would still be hot when they got where to where they were going (20 min later?), when their own surveyed information showed people immediately tried to drink it once they got it in their hands.

That lady suffered 2nd or 3rd degree burns over 16% of her body, mainly in the groin area and specifically her pudendum, requiring surgery and skin grafts that ran over $15,000. She only asked reimbursement for her actual medical costs, originally, asking nothing for her pain and suffering, and sued only after she was turned down flat.

Discovery in the case showed McD knew they were serving dangerously hot coffee, and had hundreds of prior incidents.

Her own role in this was subject to the doctrine of contributory negligence or joint and several liability, and the award was reduced by that proportion, then cut by 80% on appeal.

pooltchr
01-28-2011, 03:02 PM
So you think he should sue the cafeteria?????????????

Just trying to understand your position here. Personally, I tend to believe that people should accept some responsibility for their own actions.

McDonalds serves me a cup of coffee, and I can feel the heat when I touch the cup, and see steam coming up from it, I kinda figure it's probably hot.

I order food that contains olives, I have to think of the possibility of olive pits.

I order chicken, I have to think there might be some little chicken bones in there somewhere.

I was in a car accident a few years ago. I was a passenger in a commercial vehicle that had a blow-out. Two broken ribs and so much pain I couldn't sleep in my bed. Never once did I consider suing the owner of the truck, the tire manufacturer, the driver, or the state that left a great big tree right where we went off the road. It was an accident. Life happens.

Steve

Soflasnapper
01-28-2011, 03:32 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: pooltchr</div><div class="ubbcode-body">So you think he should sue the cafeteria?????????????

Just trying to understand your position here. Personally, I tend to believe that people should accept some responsibility for their own actions.

McDonalds serves me a cup of coffee, and I can feel the heat when I touch the cup, and see steam coming up from it, I kinda figure it's probably hot.

I order food that contains olives, I have to think of the possibility of olive pits.

I order chicken, I have to think there might be some little chicken bones in there somewhere.

I was in a car accident a few years ago. I was a passenger in a commercial vehicle that had a blow-out. Two broken ribs and so much pain I couldn't sleep in my bed. Never once did I consider suing the owner of the truck, the tire manufacturer, the driver, or the state that left a great big tree right where we went off the road. It was an accident. Life happens.

Steve </div></div>

If there's an accident without involving negligence, I would take the same position you did. If there became evidence that the car/truck had bald tires because the commercial owner failed to do routine maintenance, and routinely had such tire failures, I'd take a different position. Allowing a repeat offender to slide harms the people in general (blowouts on public roads are inherently dangerous to all fellow drivers).

Nobody in business is allowed to sell products that immediately harm their consumers without having some chance of liability. There is always the implied warranty that using the products as directed (or warned) will not cause actionable harm to its users. (Well, except tobacco.)

Hot is one thing in coffee (desirable); scalding hot, causing 2nd or 3rd degree burns deep into flesh, is not.

Whether he should or should not sue requires a totality of the facts here, which nobody has but DK and his lawyers.

Sev
01-28-2011, 03:53 PM
The guys puss. Girlyman!!

Soflasnapper
01-29-2011, 11:31 AM
About like Tim Pawlenty, effeminate milquetoast, who's recast himself as an alpha male, because he, like DK, has a red-hot smoking wife. (Which is true, by itself.)

Sev
01-29-2011, 12:14 PM
My tooth!! My tooth!!!

Who can I sue!!!!!!

Bah!! Pussy!

Soflasnapper
01-29-2011, 06:26 PM
The injury required 3 oral surgeries, and replacing 6 teeth.

Kucinich is likely the poorest member of Congress, and he had no dental insurance to pay for any of it.

pooltchr
01-29-2011, 09:14 PM
Six teeth??? That was one big olive pit!!!!!!!!
Either that, or he bit into it a few times.
Guess he didn't notice he had something the size and consistency of a marble in his mouth!

I'm sure he will be signing up for Obamacare as soon as he can.

Steve

LWW
01-30-2011, 07:00 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Soflasnapper</div><div class="ubbcode-body">If we believe in freedom, then people should be allowed to seek remedies before the bar of justice, and then let the chips fall where they may. </div></div>

Such as verification that the POTUS meets the legal qualifications to be POTUS?

LWW

Sev
01-30-2011, 07:44 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Soflasnapper</div><div class="ubbcode-body">The injury required 3 oral surgeries, and replacing 6 teeth.

Kucinich is likely the poorest member of Congress, and he had no dental insurance to pay for any of it. </div></div>

http://i162.photobucket.com/albums/t278/Sevelli/Emoticons/bsflag.gif

I smell a rat.

LWW
01-30-2011, 08:26 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Soflasnapper</div><div class="ubbcode-body">Kucinich is likely the poorest member of Congress, and he had no dental insurance to pay for any of it. </div></div>

Wrong, and wrong again.

1 - Dennis didn't even make the bottom 25.

2 - Dennis can receive free medical/dental care at any military hospital ... even if he opted out of the federal insurance plan.

OH DEAR! (http://www.opensecrets.org/pfds/overview.php?type=W&year=2009&filter=A&sort=A)

LWW

pooltchr
01-30-2011, 09:18 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Soflasnapper</div><div class="ubbcode-body">Kucinich is likely the poorest member of Congress, and he had no dental insurance to pay for any of it. </div></div>

Wrong, and wrong again.

1 - Dennis didn't even make the bottom 25.

2 - Dennis can receive free medical/dental care at any military hospital ... even if he opted out of the federal insurance plan.

OH DEAR! (http://www.opensecrets.org/pfds/overview.php?type=W&year=2009&filter=A&sort=A)

LWW </div></div>

I call foul here! You're using actual facts rather than just making stuff up. That gives you an unfair advantage!

Steve

LWW
01-30-2011, 12:13 PM
This is true.

LWW

JohnnyD
01-31-2011, 01:58 AM
The truth has come out!

LWW
01-31-2011, 06:50 AM
It always does JohnnyD, it always does.

LWW

JohnnyD
01-31-2011, 01:30 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body">It always does JohnnyD, it always does.

LWW </div></div>Right again professor.Excellent post.