Hmmmmmm... while I have my doubts this lawsuit is legit, why not try to sue the kid and his family as well? Maybe an extra $100 from his piggy bank will run that tab that much closer to $35,000. At least that will cover his "emotional pain." I've been bumped from behind by those cars many times and the only injury I've sustained was a fart knocked out of me. Then again, maybe that was more of an injury to those around me...? Was he was in the process of getting out when the car was struck? Unfotunately the article doesn't say. (<---danger, detect speculation here. Raise terror alert to orange :)).
Questions: Was the guy getting out or in of the car? Was the guy sitting all the way back like instructed to to? Anyone know the max speed of the antiqe cars? Does this mean I can sue on the Bumper cars every time I get SLAMMED into?
Something out of the ordinary seems to have had to happen. Because if it was the ordinary than it seems that we would see MANY antique cars shut down.
The article pretty much says that he was rear ended by the kid driving behind him. As for the speed of the cars, I would say that they are no more than 10 mph....if even that. I've been rear ended a few times with them...not nearly enough force to even jar. How do you "suffer physical and emotional pain, loss of wages, and impairment of earning capacity" on the Antique Cars??? Sounds like ambulance chaser terminology to me, especially when the Antique Cars are the culprit. I would understand if he got rear-ended by a coaster train, or a maintenance vehicle in the parking lot, but Antique Cars???? Come on. I think that this lawsuit is crap, and judging from the article that I read, it sounds like Cedar Point has to deal with the attack of the ambulance chasers. Forget hitting shards of metal at 120 mph, watch out for the kiddies in the buggies.
The United States of America -- Land of the lawsuit.. God bless her!
I'm growing tired of trial lawyers who use amusement parks, fast food joints, etc, as their own personal ATM machines. It really hurts those individuals that bring a lawsuit and have a valid, legitimate complaint.
If no one were willing to make ridiculous assertions in order to get a free ride through life, trial lawyers would have no business.
Something else to consider - if the case has no merit, then it won't be heard. So many times we read the headline about a ridiculous suit being brought against a company - but you rarely hear about it later, when the judge or the review board throws the case out as frivolous. For a case to be heard, multiple people in authority have to consider it at least reasonable.
Obviously we don't know the details of this case. I have to admit that I don't understand suing for $25,000 when your medical expenses were $35,000. Might be a typo, legal issue, or already reimbursed for the direct medical expenses?
While the anitque cars move slowly, they are a frequent cause of injuries. Check the injury listings for a state that records a wide variety of injuries. These cars are right at the top of rides with injuries, lots of neck and back strains due to bumping.
While fatalities are most common on high energy rides such a coasters, and fast moving flats; less severe injuries are most common on rides where the rider has some degree of control.
For all the frivilous lawsuits we hear about, there are plenty more that are legit. Just because the man running for Vice President was a trial lawyer doesn't mean that he was of the ambulance chasing variety. I don't think we should throw the baby out with the bathwater on this...I for one value my right to sue if I have a legitimate case. It helps keep companies in line.
And back to the VP, I can think of a lot worse things in a VPs past...
Baer, I don't want you to think your being piled on here but, trial lawyers outwardly encourage frivolous lawsuits. As for the merit of the case, I am sure a lot of cases with little or no merit are heard all of the time (in fact that is why people find trial lawyers to mostly be the ambulance chasers that they are IMHO).
That being said, $25,000 is not a lot considering his bills were more than that and he may just be trying desperately to find a way to pay them any way he can. I find it hard to believe the Antique Cars were responsible, but having a very bad back myself I can tell you that I have thrown out my back while brushing my teeth.
Of course that just tells you why this may be a little frivolous (or the act of a man who can't afford his bills piling up), because it was probably not the ride that caused the injury, just inflamed it. Still, I don't know for sure (and none of us are apt to find out), so I begrudgingly will have to side with Jeff on this one and say we should probably see how this plays out before passing any kind of judgement.
If the price for my right to sue a company that caused me harm because of negligence on thier part are the occassional frivilous lawsuit, so be it.
It seems like everyone is crying foul about trial lawyers these days...probably because the media makes money by inspiring outrage. I don't know how many trials take place each year, but I'm sure the outrageous ones we hear about are a small percentage of that.
I don't doubt the guys injuries. This is one of the reasons why Chance offers their antique cars with an accident avoidance system.
But, if you want to see real mayhem, try operating a go-kart track where teenagers are driving like I did last year at SFA. I can think of several occasions where someone couldn't find the brake pedal and slammed into someone else, usually in the pit. Even with the over-the-shoulder seatbelts and lapbelt, some people still got hurt.
I don't think forcing the losing side to pay would be fair either. It would scare most people who have legitimate cases from taking on companies with stables of lawyers (for whom a few hundred thousand dollars is meaningless).
Anyway, as for the man's claims, unless he's never been on one of these types of rides, and unless there is no warning at the front of the line, and if there is, the man is dyslexic or illiterate, he probably has no case. I mean come on, you take a chance just waking up every morning.
As for the VPs, well, let's not go there...if I were to rant about what I think about all of the candidates...we'd be here all afternoon and probably get nowhere.