or Connect
EpicSki › The Barking Bear Forums › On the Snow (Skiing Forums) › General Skiing Discussion › BS from todays Boston Globe
New Posts  All Forums:Forum Nav:

BS from todays Boston Globe - Page 3

post #61 of 66
Originally Posted by skier_j
Who does so for civil cases---if anyone??
Nobody does, before they're brought.

Before they go to trial, one or both parties often bring a motion for summary judgment which, if granted, results in the judge ruling in that party's favor without a trial. It could be in favor of the plaintiff or the defendant, but it would more commonly be in favor of the defendant. But it's a high hurdle.

From what I remember in the report above, I think in this case the judge granted summary judgement in favor of the parents.

If a case is bad enough, the judge might sanction the lawyer who brought it, but that's rare.

If the plaintiff hires the lawyer on a contingency basis (as many personal injury plaintiffs do), the lawyer has a self interest in not bringing a really lame case. Successful personal injury lawyers are usually good at picking their cases. The better ones are also good at settling.
post #62 of 66
What he said...and therein lies the problem with the civil judicial system. With no DA to filter the cases, vexatious litigation flourishes. Even though the most eggregious attempts can be thrown out through the aforementioned MSJ's, to even get to the point of filing an MSJ can take months or even years. All the while the attorney's fees are piling up, motions are being filed left and right (which takes up the Court's time), etc. etc.

I don't know if it's because I'm surrounded by this garbage all day long (the firm I work for exclusively defends civil litigation) or because I have a conscience, but I've been saying for years that it would take an incredible OOPS on the part of a resort, manufacturer, or even fellow skier/snowboarder for me to consider instituting a suit.

I remember a suit that involved Killington years ago where a skier "smashed" into a pole that was being used in a liftline corral and broke his leg. The pole was constructed of either metal or wood, but either way it didn't give an inch; his leg gave several. Long story short, IIRC, he ended up prevailing against the resort. Although it didn't happen to me, I have a hard time envisioning myself suing even in that instance, because in my mind, if you hit a pole in a liftline hard enough to cause serious injury, well, you weren't in control at the time.

Vexatious litigation costs us all money, but the majority of plaintiff's and their attorney's don't care, because the $$ being put into their pockets eases that little voice in the back of their heads whispering "scumbag!"

OTOH, I would have no problem suing our model "friend" if she tagged my daughter in the same manner as her last crash! (Unfortunately, my "If you're skiing like an idiot and hit me, I'm going to punch you in the face" doctrine doesn't apply to the fairer sex )
post #63 of 66
Originally Posted by iskitoofast4u
All I want to know is what the hell was Loon thinking when they created a terrain park with (multiple) trails traversing it?! It's a well known fact that people today are complete morons, be they plaintiffs, defendants, skiers, snowboarders, teens or adults. Allowing people to roam freely through an environment that encourages jumping and other freestyle manuevers while simultaneously negotiating traffic traversing the park is an accident waiting to happen if you ask me.
I know I'm pretty late to the party on this one, but after thinking about it for a minute this is the same conclusion I came up with. Both girls broke some rules and both girls are at least partly responsible. Whats bad is that this situation shouldn't have been allowed to happen in the first place. I was wondering why the "model" didn't sue the ski resort (they have more money, after all, if thats what shes after) for creating such a horrible layout with such a high chance of accidents. I mean, who merges a trail right below a jump anyway? Its like putting a children's school next to a race track. One thing goes wrong or the driver's timing is off and it turns a mistake into a disaster. The ski resort needs to wake up and fire whoever designed the layout.
post #64 of 66
post #65 of 66
Originally Posted by slider
The kicker is, she still doesn't get it.
post #66 of 66
This is why I ski in the woods...

New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Skiing Discussion
EpicSki › The Barking Bear Forums › On the Snow (Skiing Forums) › General Skiing Discussion › BS from todays Boston Globe