Special Offer - Visit PA, trip in a pothole, get $5 Million!

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#1
Another ridiculous, outrageous lawsuit and jury award in today's paper. A person tripped in a pothole, aggravated an EXISTING back condition, sued the Pennsylvania Department of Transportation and was awarded a $5 MILLION jury settlement!
[:(!] [boxface]
 

aNoodle

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#6
Yeah, I'm sure there's nothing more to this pothole story. Our peers are just stupid. Juries can't be trusted because people are stupid. Just plain uneducated stupid. Half the time these big companies and governments don't have any money to mount a defense, it's the citizens and consumers who have all the resources. Better to have big government come in and regulate.
 

aNoodle

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#7
Wow, it got quiet in here. Let's rag on how stupid juries and voters are. They aren't smart and don't know how to think. They're just dumb-dumbs. We need government to take over and tell juries how to do thier job and how to vote. Let's all get around the camp fire and pretend a dude walked into a pot hole in the road and won $5MM. Yea-haw. It's fun making up shit.
 

aNoodle

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#9
LOL.

Yeah, well, the Washington big government politicians tell us we can't be trusted with juries of 12 of our peers anymore. 'Their stories of luke warm coffee on the lap and now potholls are spreading around like a fifth of it might actually be true. Now we get all these crazy stores of even more craziness. So we need Washington politicians to tell us how to think? Juries of real people are idiots now because big government in washington can't win all the time? These big government Washington types are all about federal intervention.
 
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#10
Pennsylvania permitted "Venue Shopping" for medical malpractice cases, which meant that it could be tried anywhere in the state, regardless of where the alledged incident occurred. Philadelphia is known for sympathetic juries who give outrageous jury awards.

Why is this wrong? The law clearly states that you will be judged by a "jury of peers." In criminal cases, the trial must be held in the county where the crime occurred to ensure a jury of peers. If the incident takes place in rural PA, how the heck is a Philadelphia jury considered "peers"? So why were malpractice cases EVER any different?

After years of arguing, Venue Shopping was finally outlawed by the Pennsylvania legislators. Now we need to work on getting juries that have competence in the technical nature of what is being tried.
 

aNoodle

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#11
Kirby said:
Pennsylvania permitted "Venue Shopping" for medical malpractice cases, which meant that it could be tried anywhere in the state, regardless of where the alledged incident occurred. Philadelphia is known for sympathetic juries who give outrageous jury awards.

Why is this wrong? The law clearly states that you will be judged by a "jury of peers." In criminal cases, the trial must be held in the county where the crime occurred to ensure a jury of peers. If the incident takes place in rural PA, how the heck is a Philadelphia jury considered "peers"? So why were malpractice cases EVER any different?

After years of arguing, Venue Shopping was finally outlawed by the Pennsylvania legislators. Now we need to work on getting juries that have competence in the technical nature of what is being tried.
Sounds to me like big Washington government deficit regulation has an axe to grind for big business. This is boardline communism. Call the people stupid, consolidate more power in deficit spending big government Washington. Do you think people were stupid in voting in this last election? I guess it's time to stop them from voting in elections too. This is so eletist, big government.

So we don't get the whole story of the The Man and O-Pothole?
 
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epj3

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#12
Kirby said:
Pennsylvania permitted "Venue Shopping" for medical malpractice cases, which meant that it could be tried anywhere in the state, regardless of where the alledged incident occurred. Philadelphia is known for sympathetic juries who give outrageous jury awards.

Why is this wrong? The law clearly states that you will be judged by a "jury of peers." In criminal cases, the trial must be held in the county where the crime occurred to ensure a jury of peers. If the incident takes place in rural PA, how the heck is a Philadelphia jury considered "peers"? So why were malpractice cases EVER any different?

After years of arguing, Venue Shopping was finally outlawed by the Pennsylvania legislators. Now we need to work on getting juries that have competence in the technical nature of what is being tried.
And getting the doctors back that ran off to other states.
 
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#14
Here is the article

http://kyw.com/Local News/local_story_310143632.html

Philadelphia jury awards $5 million over pothole-tripping
The Associated Press

PHILADELPHIA - A woman who tripped over a pothole, aggravating an existing back problem, was awarded more than $5 million by a jury in her lawsuit against a state agency, but the award will be reduced to $250,000 under state law.

Barbara Riley-Wolff, 46, of Blue Bell, sued the Pennsylvania Department of Transportation for negligence for failing to repair the 9-inch long, 3-inch deep pothole, which she tripped over in downtown Philadelphia in May 2002.

Though Wednesday's unanimous verdict was for $5.07 million, PennDOT will only be required to pay $250,000 to Riley-Wolff under the state's sovereign immunity statute, which caps damages in such a lawsuit.

Riley-Wolff's attorney, Andrew Gaber, presented evidence showing that PennDOT had received four complaints about the pothole.

PennDOT said it knew about the complaints but was not responsible for the repair, because the pothole was made by a utility company that had dug up the road.

"If I called and complained to you about your neighbor's sidewalk, that doesn't mean you're responsible," said John Calabro, a state attorney who represented PennDOT.

Gaber countered that PennDOT had actually tried, but failed, to repair the pothole.

Riley-Wolff, who had an existing lower back condition that was made worse by the fall, needed spinal fusion surgery. She also may require future surgery, Gaber said.

The pothole was on Market Street, a state road that runs through the heart of downtown.
 
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#15
aNoodle said:
Sounds to me like big Washington government deficit regulation has an axe to grind for big business. This is boardline communism. Call the people stupid, consolidate more power in deficit spending big government Washington. Do you think people were stupid in voting in this last election? I guess it's time to stop them from voting in elections too. This is so eletist, big government.

So we don't get the whole story of the The Man and O-Pothole?
What are you talking about??? How is outlawing malpractice suit venue shopping "eletist, big government" and "borderline communism." I'm with Kirby 100% on this. The only point of venue shopping was so that malpractice attorneys could present their case to a jury that would be more likely to provide a guilty verdict against the physician. Now, that's eletist, big government only looking out for the lawyers, especially since they are the onest that profit most from frivolous malpractice suits. Getting rid of venue shopping is a good thing, and these types of first steps to malpractice reform are long overdue.
 

aNoodle

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#16
OMG. I knew there was more to the story. Thanks at least for coming clean.

$5MM does not equal $250M. I wish before you guys launched into your conservative rants, you'd at least provide the facts up front. (It's like the $50MM cup of coffee from McDonalds WHICH DID NOT HAPPEN THAT WAY.) And I'm sure there's still more if anyone is bothered reading the suit. I just pray none of you are disabled some day and are left for the vultures.

The election is over. There is no more need to spread misinformation. If you want "tort reform" big government Washington politicians taking over your local court houses, profit-making utilities, and negligence, then do it. YOU WON by a couple percent, so give it a rest. Now can we get away from the conservative hate against this women and get back to some car talk?!?
 
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#17
aNoodle said:
OMG. I knew there was more to the story. Thanks at least for coming clean.

$5MM does not equal $250M. I wish before you guys launched into your conservative rants, you'd at least provide the facts up front. (It's like the $50MM cup of coffee from McDonalds WHICH DID NOT HAPPEN THAT WAY.) And I'm sure there's still more if anyone is bothered reading the suit. I just pray none of you are disabled some day and are left for the vultures.

The election is over. There is no more need to spread misinformation. If you want "tort reform" big government Washington politicians taking over your local court houses, profit-making utilities, and negligence, then do it. YOU WON by a couple percent, so give it a rest. Now can we get away from the conservative hate against this women and get back to some car talk?!?
Hey, you are the one that made it into a political issue. You are right: the election is over. Why don't you give it a rest?

By the way, you never answered my question. How is outlawing malpractice suit venue shopping "eletist, big government" and "borderline communism?" How is malpractice reform a bad thing? I know I'd be very interested to hear your intelligent supporting ideas/explanations in lieu of your "big government" rhetoric.
 

aNoodle

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#18
No, it was poyboy who said he hated the lady. It was BigD who suggested Edwards represented her. It was indy who really clinched the conservative rant with agenda pushing links. Please read above.

Anyway, thanks for coming clean. Now enough hate against this women. Let's get back to some car talk.
 
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#19
I did read above, thank you. I actually made it a point to read the thread again before I posted my last comment just to be certain that I wasn't saying something off-base. Well, with the exception of the joking mention of Edwards (which I consider fair game since he's the one that made his millions off of malpractice suits), I fail to see how any of the previous comments were "agenda pushing."

Still didn't answer my questions.
 
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#20
aNoodle said:
OMG. I knew there was more to the story. Thanks at least for coming clean.

$5MM does not equal $250M. I wish before you guys launched into your conservative rants, you'd at least provide the facts up front.
Talk about a rant!

I saw this in the newpaper orginally, not online. When I made the post I Googled for an online article, but the story was TOO NEW and I could not find a web reference. It was just indexed in the past day or two. This IS NOT "COMING CLEAN" as you accuse. If you look at my posts I ALWAYS provide references to backup my data when references are online.

I am all for malpractice suits when there is true negligence. But just because someone dies after an operation or a baby is in distress after delivery does NOT mean there was negligence, yet doctors are getting sued at the drop of a dime.

The local hospital is unable to fill it's open OB/GYN residency slots because doctors are afraid to practice OB/GYN in Pennsylvania.

"I'm sorry Mrs. Jones, you'll have to push the baby back in and drive to Jersey or Maryland to have your baby. We have no OB doctors in Pennsylvania."

Believe it or not, this has happened in Pennsylvania hospitals. How bad is THAT?
 


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