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Author Topic:   Yamaha Settles Lawsuit
jimh posted 09-22-2003 10:11 PM ET (US)   Profile for jimh   Send Email to jimh  
Previously we have chronicled the legal problems of Brunswick, owners of both Boston Whaler and Mercury. Now Yamaha Motors, extremely popular with many classic Boston Whaler boat owners, have had to settle up with an unhappy customer.

Details at:

http://www.thenewsstar.com/localnews/html/0ADBFD08-F147-41C7-B049-0B1123562DC5.shtml

The payment of over $6-million settles a lawsuit charging defective design and powering of a bass boat produced by Yamaha.

If the above link has expired, then see:

http://www.boating-industry.com/news.asp?mode=4&N_ID=40445 for a rehash of the same article.

jimh posted 09-23-2003 08:52 AM ET (US)     Profile for jimh  Send Email to jimh     
Are boats now to be designed at the Plaintiff's Bar?

The successful attorney in this case, Chris J. Roy, Sr., states:

"A 90-inch-wide Skeeter boat should not have 200 or 225 horsepower Yamaha engines on it, or any motor of that size."

The article also cites him as referring to a hull chine as a "boat's wedge."

I am looking forward to the "safe" boats and motors that will be designed as a result of litigation like this.

jimh posted 09-23-2003 08:54 AM ET (US)     Profile for jimh  Send Email to jimh     
Longer article with more information:

http://www.thetowntalk.com/html/BFDE7E25-409F-492D-9847-D22680716344.shtml

poker13 posted 09-23-2003 09:08 AM ET (US)     Profile for poker13    
Whatever you think about lawyers and lawsuits, I don't think any rational person thinks 200+ hp belong on the transom of a small bass boat. The jerks who drive these boats at WOT in our inland waterways are a threat to themselves and others. I hope this lawsuit puts and end to the bass boat industry's stupid overpowering trend.
Bigshot posted 09-23-2003 10:24 AM ET (US)     Profile for Bigshot  Send Email to Bigshot     
Why?

Then they will put an end to motorcycles being mine right off the showroom floor will pull a 10.7 sec 1/4 mile at 128mph. Then the Corvette and any other car capable of high speeds will become a ghost....hell why not stop the production of 747 jets that can break the speed of sound.....we should be allowed to drive anything we want....this is America. I have never had a problem with a bass boat or a go-fast boat. I own a go-fast and have no problems with people on the waterways. The people who are dangerous are the hairy tan guys with gold chains in SeaRays and the idiots who buy their first boat without a CG course. I say we ban all boats under $20k new because that is what the 1st time buyer likes.

WMBS posted 09-23-2003 10:24 AM ET (US)     Profile for WMBS  Send Email to WMBS     
Without knowing all the facts surrounding the purchase of the boat and motor, I have a problem with critizing the personal injury lawyer. For instance, if the seller represented the motor as being suitable for the size of the boat, and the purchaser relied on the the representation, with the result being that design defects cause the purchaser to be paralyzed for life, liability is an important issue. Without the hard work (I know from experience)of the personal injury lawyer, the question of their own liability won't get answered by a large corporation. From the article it is not shown what the boat's horsepower rating was. The article does not tell us of the experience level of the injured boater. The bass boats I've seen are sometimes traveling in the 70 mph range. Although I'm new to continuouswave, I have owned (and loved) Whalers since 1983. In my job it is necessary to try to get both sides of the story. Certainly some personal injury lawyers engage in questionable conduct, but often they are the the private citizen's only recourse against serious corporate malfeasance. I expect the injured boater and his family (here again, we don't know the whole economic impact of the injury)would prefer not to have been injured by a faulty boat-motor rig, and would gladly return the settlement money in exchange for the use of his spine, arms and legs. Unfortunately, the law certainly is not capable of making people whole, but can only try to provide a remedy in terms of pain and suffering, medical expenses, and, in some cases, punitive damages.
Bigshot posted 09-23-2003 10:27 AM ET (US)     Profile for Bigshot  Send Email to Bigshot     
Ps...I also owned (4) 3 wheelers and NEVER thought they were faulty by design.
Knot at Work posted 09-23-2003 10:31 AM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
LAWYERS SUCK. PERIOD.

Ruining our country. If you say different, your a bleeding heart liberal. WHY should someone pay for MY stupidity... ?

poker13 posted 09-23-2003 10:54 AM ET (US)     Profile for poker13    
knotatwork,

You've asked the key question. Why should somebody else pay for YOUR stupidity? Unfortunately, too many do. Too many speeders have killed not only themselves but innocent people who happened to be in their way. As far as lawyers are concerned, well, you're being just a tad simplistic aren't you? You'll see how nice they are when you need them--that is, if you can afford one.

Bigshot,

Nobody has the right to drive a motorcycle, car, boat or any vehicle in a way that endangers others, period. Your fast motorcycle may do 3,000 MPH in 3.5 sec., but what the hell for? You can't operate it at those speeds legally, safely or morally--stupidly, yes. Why make a vehicle that can do 150 mph if the maximum legal speed is 70 mph? Does that make any sense?

I hear speed limiters are coming and that's a VERY GOOD thing. And I'm not talking about the ones in car engines right now--I'm talking about transmitters that will actuate a receiver un your car and slow you down to the posted speed limit when you enter a street. That will end speeding and let cops do other more important jobs.

WMBS posted 09-23-2003 11:04 AM ET (US)     Profile for WMBS  Send Email to WMBS     
Knot at work, You assume your own stupidity will be the cause of your own injury. While I accept your assessment of your own intellect, not all injuries are caused by operator error. If someone's high performance motorcyle has a flywheel that disintegrates as a result of faulty manufacture or design, and causes injury to him or someone operating the motorcycle in its intended function, then the personal injury lawyer might suddenly become relevant. Rest assured, the insurance company defense lawyers will do their best (and they are very good) to assist you in believing that the injury was caused by operator error. You are free to believe what you want about my profession, but it has taken lawyers to defend your right to say what you please.
WMBS posted 09-23-2003 11:19 AM ET (US)     Profile for WMBS  Send Email to WMBS     
Poker13, Much of the political critism by big industry of the legal profession is aimed at personal injury lawyers who have contingency fees. In other words, the lawyer representing someone who has been injured would get a percentage of any recovery. So if someone (whether they hate lawyers or not) is injured by the hypothetical exploding flywheel, or if improperly manufactured tires explode on a tow vehicle, and cause a collison that kills family members (remember the Ford SUV tire controversy)the injured, or the deceased' family, can have legal representation in spite of "not being able to afford one" Rent the movie "The Rainmaker". I've been in Matt Damon's shoes. It is not easy.
SMLWhaler posted 09-23-2003 11:21 AM ET (US)     Profile for SMLWhaler  Send Email to SMLWhaler     
When the situation is appropriate and a fair settlement is warranted trial lawyers are great. However too many times money hungry trial lawyers go after every opportunity to make a buck. This money hungry attitude has a snow ball affect and contributes to a rise in the cost of many forms of goods and services.
JayR posted 09-23-2003 11:32 AM ET (US)     Profile for JayR  Send Email to JayR     
Lawyers suck...
Even when they are on my side, they still suck.
WMBS posted 09-23-2003 11:38 AM ET (US)     Profile for WMBS  Send Email to WMBS     
Jay R, Thanks for not putting it in all caps.
Knot at Work posted 09-23-2003 11:55 AM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
WMBS-

Wrong my friend, folks like myself that SERVE our nations MILITARY and the PUBLIC SERVICE Professions like Medical and Fire and Police are the reason I have the RIGHT to say what I please. Those folks who died in Normandy and Anzio and Khe Sahn and Bagdad... No damn LAWYERS defends my rights unless he has a dollar to earn.

You broke your arm patting yourself on the back. My intellect is sound, my passion is great. Trial lawyers are the scourge of our society. Suing McDonalds because they know a settlement is easy pickens, when the facts are eating that crap will make you fat,,, stupidity!

Trial lawyers nice profession. Parastical for sure. Johnny Cochran stand up dude! Model of integrity.

WHEN was the LAST time you took PRO BONO to represent someone on "principal" instead of cash?

I bet you cruise these forums looking case work.

Loser get lost you ambulance chaser.


Knot at Work posted 09-23-2003 12:00 PM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
Additionally, I find it insulting that trial lawyers need to place litigation for HOT COFFEE, or other stupid labels because the ASSUME that the public is too ignorant and requires the Trial Lawyer to sort it all out for us...

JIMH is right, the litigation leads to design changes.. materially and socially.

poker13 posted 09-23-2003 12:09 PM ET (US)     Profile for poker13    
WMBS,

Yes, I know about contingency fees. I was thinking of lawyers fees in general, and especially if you're an individual needing a defense attorney. Affording one is a big issue then. And that's when I have a problem with lawyers and the justice system in general--when justice is effectively reserved for the rich. Whether you're wrongly accused of a crime you did not commit, or sued by greedy people, the cost of defense will turn you into a pauper in no time, even if you win the case. Corporations can afford to litigate with entire teams of lawyers. I couldn't even afford a decent one.

So in that sense, greedy lawyers and greedy corporations are no different--they deserve each other.

We need an equitable, affordable and fair justice system for all the people, just as we need a fair and affordable health system. Maybe one day the greed in this country will subside and we'll get both (yeah, right!).

poker13 posted 09-23-2003 12:13 PM ET (US)     Profile for poker13    
knot at work,

You should have read WMBS's profile. He's a judge, not a lawyer.

poker13 posted 09-23-2003 12:27 PM ET (US)     Profile for poker13    
BTW, this is turning into one of those nasty threads like the war thread and the abusive cop thread from not too long ago, so I'm getting out of this one. I've said enough.
WMBS posted 09-23-2003 02:14 PM ET (US)     Profile for WMBS  Send Email to WMBS     
Poker13, I agree with every word you said. It is a difficult part of the administration of justice to make sure people get competent counsel in criminal cases. That is a different problem than that posed by jimh, which is what I thought we were talking about.

Knot at work, I agree that people who serve our country in the military perform a vital function. I spent 15 months, three weeks and three days in Vietnam, but as an Air Force lawyer. I served as a prosecutor, defense counsel and military judge. I was rocketed, bombed(when the VC blew up the bomb dump at Cam Rahn Bay), and shot at. What was frustrating was that I had no way to shoot back. I served my country as proudly as did the grunts at Khe Sahn. My whole point was that the lawyers who take cases on a contingency fee are sometimes the only way the little guy with no money can take on a Ford Motor Company or Yamaha. There are abuses by members of the personal injury bar, which I have already acknowledged. I can assure you that I don't cruise for cases, the personal injury lawyers file them in whatever court they think most advantageous. My court deals primarily with felonies and domestic relations, and only occasionally with personal injury cases. When I was in private practice I did alot of pro bono work, only I thought my clients were going to pay me. There are large numbers of lawyers who never get big headlines. Those that are rich are not always the Johnny Cochrans, although they may make alot of money, they also work long and hard hours. My court handles their divorces. Why are you so ready to condemn all lawyers?
P.S. The law in Georgia provides that if an injury was caused, in comparison, more by the plaintiff's negligence(or stupidity if you want to call it that), rather than the defendant's negligence, there is no recovery. Your concern about your own or anyone else's stupidty being the source of a recovery is handled quite well by most Georgia juries, among whom bleeding heart liberals are hard to find. There are exceptions to that as well, but I am willing to acknowledge exceptions to rules.

Ed Z posted 09-23-2003 02:32 PM ET (US)     Profile for Ed Z  Send Email to Ed Z     

It seems that once a lawyer becomes successfull at an incident like this, it then becomes a reference for future cases... Also, what about these type cases being put up to vote at the next elections... That would give the public some control over what becomes law and what gets thrown out with the rest of the trash... As the inventer of Piper CUb put it "I can make a plane fool proof, problem is, I can't make a plane DANM fool proof...The main reason many of the "Personal Injury Lawyers" go to the extremes that they do is because of a huge payday attached to it (30% or more)...I like the way that workmans comp lawyers get paid (i.e. they apply to the judge for their financial compensation after the case)... If this personal injury lawyer was so interested in the "safty" of people, then why no mention of a legally enforced recall of all the other boats just like this one.??? Answer: little money in it for him.!!!!
Bigshot posted 09-23-2003 03:04 PM ET (US)     Profile for Bigshot  Send Email to Bigshot     
Poker you are right....and wrong.

Nobody...I mean NOBODY will ever put a governor in cars. Why? because the law enforcement would have nothing to do and make NO money. 90% of all revenue is from speeding fines, hell towns like Waldo, FL make soooo much money on speeding they were on the Discovery channel. If "they" wanted cars to go 70 max they would have done it years ago. Remember the 85mph speedos....GONE. Remember the U-hauls that only did 55mph....not anymore.

I do not say that I drive like an ass or bragging that my bike is fast(it is:), but it is my right to own a "widow-maker" if I want to. Just like it is your right to fly a plane if you want to. When people are suing car companies because they thought cruise control was an autopilot and WIN.....we really need to revaluate our legal system or get some REAL people on the jury.

This same lawyer is the one who got 3 wheelers banned, that sure helped me out a lot when my $3000 bike went to $300 in value overnight. Now Honda makes road legal trikes....go figure.

Knot at Work posted 09-23-2003 03:08 PM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
WMBS,

I applaud your serving our nation in whatever capacity you have. I took exception to your statement regarding that it has taken lawyers to defend my rights... I submit simply that lawyers represent their own interests. That true freedoms are bought and paid for by the military, the police and the medical.

Now the point I was making about "my stupidity" I am only stating that INDIVIDUAL ACCOUNTABILTY should not be regulated by law, or precedent or whatever. IF I cause and action to injure myself based on my own actions or accident or act of war or god than that is my responsibility to deal with. IF I CHOOSE to eat 10 Big Macs a day, smoke 2 packs of Marlboro's or eat 20 bags of Oreo cookies,, so what! and who is the lawyer/judge to decide my actions were the responsibilty of another person? The judicial activism either by Lawyers or what they will grow up to become, judges... is a worse precedent than any product liability.

My dad always said.. "if you run with scissors, you can put an eye out" since when did that give me the right to sue anyone for that stupidity if that action led to an eye injury? What cost does that lawsuit lead to? How about a lost job, a lost product, and a poor precedent.. now that will also find it's way to the taxpayer, to pay for, by increased legislation, enforcement etc... so you see, it might seem innocuos it is actually insidious...

Bench legislation activism is ruining our nation. Judges should enforce the literal interpretation of the Constitution,,, not try to rewrite it.

THAT is WHY I DO NOT LIKE LAWYERS.

Citizen Kane....

Whalers sorry for tying up your bandwith with my manifesto.. I am gonna follow pokers lead and bow out and talk about whalers....

alkar posted 09-23-2003 03:25 PM ET (US)     Profile for alkar  Send Email to alkar     
Forty years ago no self-respecting lawyer would have suggested that it was fair, prudent or reasonable to sue a restauranteur for selling food high in colories and fat, but today such litigation is just par for the course.

Something in our system has gone seriously arwy. It's a shame that lawyers are not effective at self-policing.

We're all paying the price for this unpleasant evolution. Products and services are more expensive because the cost of liability is inevitably passed on to the consumer.

Lawyers protect some of us, but they also guarantee that ALL of us will pay more for less with each passing year.

The criminal justice system is a complete mess - especially in Oregon, where indigent defense costs drove our court system into financial ruin. Last year, after years of sky-rocketing criminal defense costs, the courts actually ran out of money. After laying off a bunch of folks the courts were able to reopen, on a four day work week... What a mess. We started the present biennium with only enough money to fund indigent defense for the first 16-18 months. I guess everybody else will just get a get-out-of-jail-free card, as there can be no prosecution without criminal defense lawyers.

newt posted 09-23-2003 03:59 PM ET (US)     Profile for newt  Send Email to newt     
There is one major fault in blaming lawyers for all the ridiculous law suits out there. I mean, who makes the final decision to award a sum of money to a plaintiff? Wouldn't that be the average Joe Blow American moron who sits on the jury and says "Yes Mr. Lardass, McDonalds owes you big for making you eat those french fries."

Remember, it takes 12 jurors for every ambulance chaser to validate a foolish lawsuit!

alkar posted 09-23-2003 04:16 PM ET (US)     Profile for alkar  Send Email to alkar     
True, newt.

If our juries were not so stupid, and culturally accumstomed to the notion that we have no personal responsibility for the courses our lives take, the lawyers who sponsor such frivolous suits would be discouraged from doing so.

Unfortunately, our system insures that our juries will always be comprised of the lowest intellectual common-denominator. It's the rare jury that includes a real cross section of the community, including engineers, surgeons, captains of industry and other over-achievers. Instead, our juries look like the OJ Simpson jury - which had the collective intelligence of a fire plug. Thank goodness we're entrusting groups like that with the shaping of our national conscience.

JFM posted 09-23-2003 04:33 PM ET (US)     Profile for JFM  Send Email to JFM     
Damn those 2 BigMacs were good for lunch today, but it's back to the salad bar tomorrow or if I keep eating BigMacs maybe it's the legal bar instead.

Regadrs, Jay

P.S. No my coffee wasn't to hot, I had a Diet Coke instead to make up for the BigMacs ;-)))

lhg posted 09-23-2003 04:34 PM ET (US)     Profile for lhg    
Am I hearing that a Yamaha owned Bass boat company puts out their boats with Yamaha outboards on them? That can't be, and it's unfair to the consumer, being forced to take a Yamaha and all, especially when Mercurys are faster. They should have allowed a Mercury engine to go on this boat, then Brunswick could have picked up part of the law suit tab.

Guess Brunswick and Yamaha are both operating under the "packaged boat/engine" concept.

alkar posted 09-23-2003 06:06 PM ET (US)     Profile for alkar  Send Email to alkar     
Larry, if that doesn't surface the trolls, nothing will. ;)
lhg posted 09-23-2003 06:31 PM ET (US)     Profile for lhg    
Sorry about that, as that was not my intention. Only wanted to point out that this packaged marketing is commonplace, not just Boston Whaler, as has been implied. It is something we all have to live with, I guess, and make our buying decisions accordingly.
alkar posted 09-23-2003 06:42 PM ET (US)     Profile for alkar  Send Email to alkar     
Roger that.
cc13 posted 09-23-2003 07:01 PM ET (US)     Profile for cc13  Send Email to cc13     
Theysettled. That has nothing to do with a jury. Don't castigate juries. Yamaha obviously weighed its exposure and took the course it thought wisest. The American justice system may not be perfect but it is certainly the best that has ever been devised.
Lawsuits often bring beneficial changes. It's the level playing field, where companies are sometimes called to account for their decisions. Personal responsibility is a two way street. I seem to remember a case where one of the large auto companies actually calculated the dollar value of the number of injury/deaths from a known design sign and then decided not to change the design because it was not cost effective to do so. Who is accountable for that? The company or the wife and children of the victim?
alkar posted 09-23-2003 07:22 PM ET (US)     Profile for alkar  Send Email to alkar     
People (and corporations) settle cases even when the involved parties know that they've done nothing wrong - because it's less expensive to resolve the cases than it is to litigate them. When your lawyers are billing you $300 per hour, it costs a lot of money to get to court.

Having said that, idiotic jury verdicts have EVERYTHING to do with how larger cases are resolved. If juries could be relied upon to make rational decisions, the maximum exposure for brewing hot coffee, for example, would be substantially less that we have observed it to be ($3 Million, wasn't it?).

Unfortunately, in our legal system, we can't count on a jury to recognize the lunacy of holding McDonalds liable for brewing hot cofee, or the obesity-related problems of the people who eat too much fast food.

Forcing McDonalds to pay that poor woman a gazillion dollars hasn't done anything other than reduce the temperature of their coffee and increase the cost of their food. I don't think that litigation did much to advance humanity, but I'm sure it lined the pockets of a bunch of lawyers.

Maybe we can hope for better results from the next round of McDonalds litigation. I've seen the lawyer on the news. He certainly seems sincere and concerned for my well being.

Advocate posted 09-23-2003 07:53 PM ET (US)     Profile for Advocate  Send Email to Advocate     
Knot at work:

I thank you for your service to our country. While I recognize the freedoms your sacrifice provides, who preserves, perpetuates and protects your rights domestically? Yes, you reached part of the answer, "Judges should enforce the literal interpretation of the Constitution", but who presents the case to the Court. When you are sued for your mistake for which you should be held responsible, who will be there for you to protect your rights and give you proper guidance? When the legislature attempts to limit one of your rights e.g. free speach, right to bear arms, right to own property, due process, who will be there for your? You heard Shakespeare "The first thing we do, lets kill all the Lawyers...", well you should learn the rest.

Whaler Proud posted 09-23-2003 08:07 PM ET (US)     Profile for Whaler Proud  Send Email to Whaler Proud     
I used to have a very low opinion of lawyers until I married one (I do not endorse an action like this to everyone). She stands on the belief that (in her words) "everyone hates lawyers until they need one". Her dad and brother are lawyers also, so I never win.

One thing that has not been touched on in this thread (at least that I could make out) is how difficult it really is to get a personal injury case (or malpractice) to trial. The TV lawyers (Perry Mason got me 10 million dollars)very seldom go to trial. The frivolous cases presented in this thread are attention grabbers but most of them were thrown out.

My son (9) is bipolar and has had to spend time in psychiatric care hospitals so we could get the right mix of medication. His last visit he was in for 14 days and was taking 2 medications. When he was released (because we ran out of insurance) he was on 7 meds, was suffering from severe paranoia, and has been diagnosed with moderate brain damage from the mixture of meds. My wife and I have had a very difficult time getting a lawyer to take the case. Even though we have a prepoderence of evidence against the doctor and hospital, it is not tight enough to warrant the expense of a trial (and it would have to go to trial). My wife cannot pursue the case because she does not specialize in this type of law (she protects home builders from frivoulous lawsuits). We cannot afford to fund all of the discovery expenses, etc. that will be needed to present our case. In other words, even solid cases do not get to trial.

The good news is, even though my son has suffered a setback, he is slowly recovering. One thing that never changed was his love for our Whaler.

North Beach posted 09-23-2003 09:45 PM ET (US)     Profile for North Beach    
Concepts of liability have been expanded by liberal judges appointed by liberal legislators elected with Trial Lawyer monies.
Whalerdan posted 09-24-2003 08:25 AM ET (US)     Profile for Whalerdan  Send Email to Whalerdan     

Proud Whaler, sorry about your son. Sometimes bad things happen to good people and no one is to blame. That's the trouble with our society, we always have to have someone else to blame.

I worry about our country. You know somethings wrong when a country graduates more lawyers than engineers. I guess someday in the furture when there are no more companies left to sue our country will go back to focusing on making procducts rather than making laws.

rubadub555 posted 09-24-2003 03:59 PM ET (US)     Profile for rubadub555  Send Email to rubadub555     
The amount of actual factual information that the lawyer bashers have used here to support their venomous attacks wouldn't plug my Montauk's bilge. Not one of the anti-lawyer posters shows half the class or civility of the responding judges and lawyers and defenders of the greatest legal system on earth, ever. I'm a trial lawyer and proud of it. The scope of the misinformation and anecdotally-fuelled propaganda rehashed here is too broad to rebut. And with our "host" Jim so eager to fuel this sort of BS, anyone who stoops to try to educate this BOATING forum on the actual reality of trial lawyers (not the urban legends that get snippeted so eagerly, like Mcdonalds' coffee case, etc.) has too much time on their hands and too little sense.
Check the link below for those who'd like to know how to read Shakespeare's meaning in the "kill all the lawyers" comment, and how our wonderful country was built by lawyers.
Makers of asbestos, flammable kid pajamas, exploding gas tanks, defective hip implants, claim-denying insurers, all would be pleased if they could convince all the voters and jurors that responsibility only flows one way. Thank a lawyer for your seatbelt and your airbag. Not JimH, the other airbag.
Only kidding, you inquisitive boating enthusiast!

http://www.howardnations.com/Shakespeare.pdf

TRAFFICLAWYER posted 09-24-2003 05:50 PM ET (US)     Profile for TRAFFICLAWYER    
Usually it seems that no matter the topic the select few trolls on this site seem to always resort to lawyer bashing.
I didnt bash electricians when they forgot to replug my freezer full of filets or auto mechanics when they can't quite seem to get it right or software nerds whose lines of crap code keep causing system lockups or the painter who painted my windows virtually permanent shut or the physician that takes two weeks to get an appointment or the 'boat' mechanic who could't diagnose his ass from his elbow or all the politicians in Washington or the telemarketers who keep calling at the dinner hour or all the rest of the incompetent assholes I deal with on a daily basis or especially the telephone company.
rubadub555 posted 09-24-2003 06:00 PM ET (US)     Profile for rubadub555  Send Email to rubadub555     
And another thing, since you want to be experts in lawsuits like the McDonald's case;
There is a lot of hype about the McDonalds' scalding coffee case. No
one is in favor of frivolous cases of outlandish results; however, it is
important to understand some points that were not reported in most of
the stories about the case. McDonalds coffee was not only hot, it was
scalding -- capable of almost instantaneous destruction of skin, flesh
and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of
her grandson's car when she was severely burned by McDonalds' coffee in
February 1992. Liebeck, 79 at the time, ordered coffee that was served
in a styrofoam cup at the drivethrough window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and
stopped momentarily so that Liebeck could add cream and sugar to her
coffee. (Critics of civil justice, who have pounced on this case, often
charge that Liebeck was driving the car or that the vehicle was in
motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next
to her skin. A vascular surgeon determined that Liebeck suffered full
thickness burns (or third-degree burns) over 6 percent of her body,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns substantially similar to Liebecks. This
history documented McDonalds' knowledge about the extent and nature of
this hazard.

McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.

Further, McDonalds' quality assurance manager testified that the company
actively enforces a requirement that coffee be held in the pot at 185
degrees, plus or minus five degrees. He also testified that a burn
hazard exists with any food substance served at 140 degrees or above,
and that McDonalds coffee, at the temperature at which it was poured
into styrofoam cups, was not fit for consumption because it would burn
the mouth and throat. The quality assurance manager admitted that burns
would occur, but testified that McDonalds had no intention of reducing
the "holding temperature" of its coffee.

Plaintiffs' expert, a scholar in thermodynamics applied to human skin
burns, testified that liquids, at 180 degrees, will cause a full
thickness burn to human skin in two to seven seconds. Other testimony
showed that as the temperature decreases toward 155 degrees, the extent
of the burn relative to that temperature decreases exponentially. Thus,
if Liebeck's spill had involved coffee at 155 degrees, the liquid would
have cooled and given her time to avoid a serious burn.

McDonalds asserted that customers buy coffee on their way to work or
home, intending to consume it there. However, the companys own research
showed that customers intend to consume the coffee immediately while
driving.

McDonalds also argued that consumers know coffee is hot and that its
customers want it that way. The company admitted its customers were
unaware that they could suffer thirddegree burns from the coffee and
that a statement on the side of the cup was not a "warning" but a
"reminder" since the location of the writing would not warn customers of
the hazard.

The jury awarded Liebeck $200,000 in compensatory damages. This amount
was reduced to $160,000 because the jury found Liebeck 20 percent at
fault in the spill. The jury also awarded Liebeck $2.7 million in
punitive damages, which equals about two days of McDonalds' coffee
sales.

Post-verdict investigation found that the temperature of coffee at the
local Albuquerque McDonalds had dropped to 158 degrees fahrenheit.

The trial court subsequently reduced the punitive award to $480,000 --
or three times compensatory damages -- even though the judge called
McDonalds' conduct reckless, callous and willful.

No one will ever know the final ending to this case.

The parties eventually entered into a secret settlement which has never
been revealed to the public, despite the fact that this was a public
case, litigated in public and subjected to extensive media reporting.
Such secret settlements, after public trials, should not be condoned.
-----
excerpted from ATLA fact sheet. ©1995, 1996 by Consumer Attorneys of
California

HAPPYJIM posted 09-24-2003 06:23 PM ET (US)     Profile for HAPPYJIM  Send Email to HAPPYJIM     
I don't think jimh is fueling anything here.

I'll bet most, if not all, of the bad feelings toward lawyers AND judges is from first hand experience.

I don't want lawyers or judges deciding how much power to put on my Whaler or truck or tractor or chain saw or.

Now for, "the greatest legal system on earth, ever"......
that may have been at one time in our short history.

I wonder how the Founding Fathers that were running the legal system would feel if they sat and watched many of the proceedings in our court rooms today.

Sorry guys and gals of our fine legal system, I think you brought it on yourselves.

Don't take it personal....and you should be proud to be a trial lawyer......I couldn't deal with all the paper work.

rubadub555 posted 09-24-2003 06:29 PM ET (US)     Profile for rubadub555  Send Email to rubadub555     
And another thing;
Here's the last thread or two that JimH and Haupt the insurance guy used to predict the falling of the sky due to terrible lawyer machinations. Anyone got a prop guard installed by the Feds yet?http://continuouswave.com/ubb/Forum1/HTML/003902.html http://continuouswave.com/ubb/Forum1/HTML/003587.html
Incidentally, not a fat food penny has been awarded
by a jury, some law school professor got himself some publicity, but don't let the facts slow you down on assailing each trial lawyer that walks. And yes, knothead,
I volunteered for a pro bono case today in fact, to represent a child without a fee, after he was poisoned with chlorine in a water park with an unmaintained computer pump that left him bleeding from the nose and in an ambulance. I didn't chase the ambulance, but again, don't miss an opportunity to ask.
Ask yourself, if paraplegics and others disabled by defects or arguable defects in products are deprived of their right to seek (note I said seek, as in have a jury decide)redress from the manufacturers and sellers of these products,(BTW, big business isn't seeking to limit its OWN freedom to sue for damages, by far the largest portion of litigation is business suing business)who will pay for their care?
Same people paying for our war, you and me.
Enterprise liability and the sound policy reasons that users of ladders, for example, ought to be glad to pay manufacturers extra for their (safe? insured?)ladders, may be a bit beyond the scope of JimH's BOATING forum, but since he's bored with the basic core boating issues about Whalers, and prefers the scrimmage of social engineering issues and such, I suspect he may take a shot at explaining why the taxpayers should be responsible for supporting disabled victims of defective products instead of the companies that designed, tested, manufactured and profited as it put the products into the stream of commerce.
Finally, I'm interested to know how many have studied the case against Yamaha here, so we can assess the merits of the case, the actual facts, that apparently led Yamaha to settle the case.
Are they weenies? Or do they know something that Knot doesn't know?
Oh and Knot, be nice to the Judge, he might actually base his opinion on some facts.
jimh posted 09-24-2003 08:08 PM ET (US)     Profile for jimh  Send Email to jimh     
It is unfortunate that as a result of my posting a notice of a rather prominent and well publicized settlement between Yamaha and a mariner who used their products that a venomous attack on lawyers has resulted.

It is regrettable and unintentional that comments from other participants in this thread have contained such venomous attacks on lawyers.

It certainly was not my intention to provoke such venomous attacks. Indeed, my intention, as I clearly stated in my preface, was to inform our gentle readers of the legal difficulties that had befallen Yamaha, a firm generally held in the highest regard by practically all mariners as a manufacturer of flawless and defect free products. That Yamaha voluntarily paid $6,000,000 to a mariner who had purchased their product and sued for damages due to defect is news I am sure comes as a surprise to everyone, from the most urbane Boston Whalers owners of Rockland, Massachusetts, all the way to Greek fishermen.

At no point did I attribute the fundamental problem to lawyers. I merely asked rhetorically if we could assume now that design of recreational boats and motors was to be performed by courts and lawsuits instead of naval architects?

I do have to protest that the fact that the general population finds some problems with lawyers is not a new phenomenon, nor is it one that occurs only as the direct result of provocation by me. Against these charges I offer the following remarks, published by Alexander Pope, in his masterpiece Gulliver's Travels, where in he attempts to explain to his hosts, a race of horses what use man as a beast of burden, the nature of law and lawyers as practiced in England, the country upon whose laws our own are based:

"I said there was a Society of Men among us, bred up from their Youth in the Art of proving by Words multiplied for the Pleasure, that White is Black, and Black is White, according as they are paid. To this Society all the rest of the People are Slaves.

"For Example, if my Neighbour hath a Mind to my Cow, he hires a Lawyer to prove that he ought to have my Cow from me. I must then hire another to defend my Right, it being against all Rules of Law that any Man should be allowed to speak for himself. Now in this Case, I who am the right Owner lie under two great Disadvantages. First, my Lawyer being practiced almost from his Cradle in defending Falshood; is quite out of his Element when he would be an Advocate for Justice, which as an Office unnatural, he always attempts with great Awkwardness if not with Ill-will. The second Disadvantage is, that my Lawyer must proceed with great Caution: Or else he will be reprimanded by the Judges, and abhorred by his Brethren, as one that would lessen the Practice of the Law. And therefore I have but two Methods to preserve my Cow. The first is, to gain over my Adversary's Lawyer with a double Fee; who will then betray his Client by insinuating that he hath Justice on his Side. The second way is for my Lawyer to make my Cause appear as unjust as he can; by the Cow to belong to my Adversary; and this, if it be skilfully done, will certainly bespeak the Favour of the Bench.

"Now, your Honour is to know that these Judges are Persons appointed to decide all Controversies of Property, as well as for the Tryal of Criminals; and picked out from the most dextrous Lawyers who are grown old or lazy: And having been byassed all their Lives against Truth and Equity, are under such a fatal Necessity of favouring Fraud, Perjury, and Oppression; that I have known some of them refuse a large Bribe from the Side where Justice lay, rather than injure the Faculty, by doing any thing unbecoming their Nature or their Office.

"It is a Maxim among these Lawyers, that whatever hath been done before, may legally be done again: And therefore they take special Care to record all the Decisions formerly made against common Justice and the general Reason of Mankind. These, under the Name of Precedents, they produce as Authorities to justify the most iniquitous Opinions; and the Judges never fail of decreeing accordingly. "

(See http://www.jaffebros.com/lee/gulliver/contents.html for full text.)

Incidentally Pope published this in 1726. This was four centuries ago, before the invention of the internet, the world wide web, the Boston Whaler, and online discussion forums like this one. What I infer from this is that dissatisfaction with the legal system and its participants, lawyers and judges, is not a particularly new phenomenon, nor one which flares up only when encouraged by "windbags" like me.

I have brought our readers attention to topics like this because I do not think that in these cases the manufacturer has produced a defective product. It appears, with what I admit is rather casual investigation on my part, that the plaintiffs (mariners) in these cases have operated their vessels in such a manner that they caused themselves to be run over by their own vessel, unfortunately with terrible consequences to themselves.

I don't think that owners of Boston Whaler boats, particularly classic models made prior to 1990, are, as a general group, particularly interested in articles about the details of the McDonald's coffee case, and, as we have been informed, the ultimate outcome is a secret. I am sure there are many cases that have been litigated where justice has not been served, but to recount them all is not our purpose.

By the way, I think the Corvair was quite a nice little car in the 1960's and Ralph Nader used it to make a name for himself. But that is another topic...

Also, feel free to remove the punctuation marks from "host", as that is precisely the capacity I provide in these matters, no need to enclose it in quotation marks.

rubadub555 posted 09-24-2003 08:39 PM ET (US)     Profile for rubadub555  Send Email to rubadub555     
Since I'm sure our gracious BOATING forum host secured copyright clearance to quote that scintillating Pope and Swift, my colleague Howard Nations would surely welcome publication of the following snippet, pointing out some history that will fascinate those of you who have become bored with boats and instead choose to troll for more dramatic fare. Oh, and the Brits marched in straight lines in red coats, and we kicked their ass and dropped their tea in the harbor in Boston, where fine boats (different, actually than Yamaha boats)were later floated. So, Jim, America and our legal system are quite distinct from the Empire and bewigged barristers of Pope's day; you could take a course and learn about our proud tradition.
Nations quote starts here;
Lawyers are the beneficiaries of a rich and unparalleled heritage from the past, the bearers of a huge mantle of responsibility in the present and the preservers and protectors of the individual rights of American citizens for the future. Reduction of that effectiveness is a major goal of legal detractors since the power of the people has always been tied inextricably to the influence of lawyers. As Alexis de Tocqueville stated in Democracy in America in 1835: “I cannot believe that a republic could subsist at the present time if the influence of lawyers in public business did not increase in proportion to the power of the people”. President, John Adams said "No civilized society can do without lawyers."
The idea of silencing lawyers in order to destroy individual freedom has been around for centuries. But it has been raised to a new art form by corporations without consciences. Heedlessly they compound their wrongs against consumers and workers with assaults on lawyers and crass distortions aimed at the mass media. Trial lawyers are the first--and perhaps only--defense against such perfidy, and history demonstrates that lawyers will prevail.
In seventeenth century England, Oliver Cromwell, in an effort to thwart individual freedoms, decreed that no more than three barristers could congregate outside of court. He recognized that the greatest threat to his own tyrannical dictates was the collective commitment of the London Society of Barristers to the principles of freedom expressed in the Magna Carta.
In twentieth century Europe, Adolph Hitler, the quintessential despot, asserted “I shall not rest until every German sees that it is a shameful thing to be a lawyer.” After each tyrannical attack, lawyers have emerged like the Phoenix from the ashes, to redefine individual rights and freedoms. Again today, lawyers must prevail, because their cause is right, just, and the perpetuation of freedom is inextricably interwoven with their continued protection of individual rights.
But, lest legal adversaries underestimate lawyers, and the legal heritage is forgotten, we must all recall that before there was an insurance industry, lawyers were defining the rights of free citizens under the Magna Carta.
When the Robber Barons of nineteenth-century America sacrificed the lives of their employees in unsafe workplaces throughout the country, lawyers and judges in courtrooms across America were breathing life into the Constitution and gradually and painstakingly protecting, on a case-by-case basis, the individual rights of American citizens.
Lawyers must never lose sight of the respect which they deserve for the role they play in society, a role which extends far beyond the courtroom. Lawyers must bring their individual and collective talents to bear to defend freedom with pro bono work for the disadvantaged, consumer protection advocacy for those not yet killed or maimed by defective products, protection of the civil liberties of every individual whose rights are threatened.
We see lawyers in the philosophical forefront of our great country: we see him with quill in hand in Monticello and Philadelphia and in Washington as he defined in writing the rights of American citizens. His name was Thomas Jefferson and he was a lawyer.
We see him advocating in Quincy, Massachusetts and in Philadelphia, Jefferson's Deal of independence for adoption by the continental Congress. His name was John Adams, and he was a lawyer.
We see him addressing the delegates of the Second Virginia Convention, exhorting the battle cry of the republic, “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” His name was Patrick Henry and he was a lawyer.
Where would America be today if these lawyers had been successfully silenced?
We see them at the birth of America: defying the tyrannical dictates of King George Ill at the risk of their lives as they lead the revolution against the Stamp Act of 1764; we see twenty-five lawyers among the fifty-six signers of the Declaration of Independence; we see them drafting the Articles of Confederation and as leaders of the Constitutional conventions of the new states. Their legions include John Jay, Alexander Hamilton and John Marshall and they were lawyers.
Where would America be today if these lawyers had been successfully silenced?
Thirteen of our first sixteen Presidents from Washington through Lincoln were lawyers. In addition to Thomas Jefferson and James Madison, their numbers include such shapers of America’s destiny as John Adams, James Monroe, John Quincy Adams and Andrew Jackson. 27 of our 43 Presidents were lawyers, which makes it all the more ironic that much of the recent lawyer bashing emanated directly from the White House.
The Gettysburg Address, Abraham Lincoln, a lawyer.
The only thing we have to fear, is fear itself”, Franklin Delano Roosevelt, a lawyer.
The Criminal Courts of the early 20th Century, Clarence Darrow, a lawyer.
Crying out for the civil rights of her black brethren, in the halls of Congress, Barbara Jordan, a lawyer.
Justice is colorblind, Thurgood Marshall, a lawyer.
The consummate consumer advocate, Ralph Nader, a lawyer.
Southern Poverty Law Center, the son of tenant farmers, Morris Dees, a lawyer.
As has been often proven over the centuries, Shakespeare was right: if tyranny is to prevail, tyrants must first kill all the lawyers. Equally relevant today, if corporate tyranny is to prevail, corporate tyrants must defame, degrade, and thereby discredit all the lawyers. Once again, the timeless wisdom of Shakespeare is proven.
end
We've got your back Jimbo. Stick to boats.
rubadub555 posted 09-24-2003 08:58 PM ET (US)     Profile for rubadub555  Send Email to rubadub555     
Oh, Jimbo, one more thing; you refer to the flawless and defect free Yamaha products.
This sort of grand conclusion is, unfortunately,
indicative of the quality of your grounding in this field.
Those who aren't tuned out by your thread, that has veered just a wee bit from BOSTON WHALER boats and such, may want to check the two links below, relating to recalls by Yamaha on marine products, one of which could result in a stuck open throttle, and the other of which could result in gas leaks. Ouch.
I'm sure Yamaha was happy to recall these products based on a phone call or two from Shakespeare.
I'm sure if your throttle stuck open, or fuel leaked,
you'd chalk it up to user error, and calmly accept that
the nut holding the wheel was the only cause of the resulting collision or elision or fire.
www.boatamerica.org/recall/recall_1002.htm
www.boatamerica.org/recall/recall_800.htm

Can't wait to hear about your next foray into
legal commentary.
affectionately,
Abe Lincoln (Montauk 1861, Suzuki 1865)

jimh posted 09-24-2003 09:18 PM ET (US)     Profile for jimh  Send Email to jimh     
I am rather certain that the copyright to these 300-year-old texts has long expired, no matter what gracious extension bestowed upon authors by our own Congress in recent legislation might otherwise grant to current authors.

As recently as the late 1800's, Mark Twain lamented the short 14-years he was entitled to protect his work against re-use by others, and planned his own autobiography in installments to be released after his death so that it might provide an income for his many children.

My apologies for confusion between Pope and Swift, an egregious error on my part for which I ask your pardon.

I must point out, again, for clearly I did not make myself understood, that I do not blame Yamaha's woes on the lawyers, nor have, if I recall, made any venomous attacks on lawyers, so to go to great lengths to defend lawyers and justify them to me is unnecessary. It might persuade some of our other participants, but for me, I have formed my own opinion of lawyers and the law, and it is one that I don't push upon others but hold to myself.

If you have read closely my articles in the past, I am certain you have found my praise for the clear thinking and lucid writing contained in many Court of Appeals decisions which I have made reference to. Also, you certainly must have read my lengthy account of the legal problems of Brunswick, which, I think you will find was told without a single remark about the lawyers or lawyering involved.

No, I cannot accept your attempts to smear me as a windbag who seeks to stir up contempt for lawyers. As Swift demonstrated that is a characteristic of human nature for the last four centuries.

Again, I only report news of interest to owners of classic Boston Whaler boats. I think my many postings, my numerous research articles, my many long cruising narratives, all show my general interest to be in boating.

Were I conducting a crusade against the professions of the law, I assure you that the content of this website would be much different.

So again, I must lay aside your charges. I am not a wind bag who seeks to encourage venomous remarks against lawyers.

Whalerdan posted 09-25-2003 08:37 AM ET (US)     Profile for Whalerdan  Send Email to Whalerdan     

Rubadub - When you keep talking you just keep proving our point.
Whalerdan posted 09-25-2003 08:50 AM ET (US)     Profile for Whalerdan  Send Email to Whalerdan     

Oh, yea. When I refer to ours I'm not refering to Jim. A guy has to watch what he says and how he says it when he talks to you guys.
adaps4 posted 09-25-2003 09:54 AM ET (US)     Profile for adaps4  Send Email to adaps4     
Wow-
This topic took off pretty quick. I guess I will join in.

Poker13- I agree with Bigshot on the speed point. The 55 saves lives BS was implemented in the 70's during the gas shortage. They figured out that this was the most fuel efficient speed. Pretty soon, they figured out how to make money from it, now that will never change.
I have friends that race the same bikes they use on the street- no problem driving a bike 130 on a course is there?
You will never see governors attached to cars and trucks- Look at how they market vehicles. They always give top 0-60 speed, torque, and hp. Why would they do that? You are dreaming if you think we will all be driving governed cars soon.

To all the Lawyer bashers- I have the answer.

We need to run this country like the ski areas run their business. I am an avid skier, and every time I buy a ticket, I am taking the liability out of the areas hands, and taking responsiblity for myself. The ticket basically requires that by accepting their ticket, I am acknowledging that skiing is a very dangerous sport. I am taking full responsibility for my actions on the slope, no matter the conditions.
This is an interesting approach, and it is ALWAYS upheld. I have seen stories about kids hitting unpadded poles and being injured. I have heard about people running into snowmaking equipment. In one instance, 3 people slid down an ice covered slope, resulting in the death of one. In all of the instances, the parties sued, and lost.
See, in these communities the ski areas are some of the most important revenue makers. This gives them a huge legal advantage. Is this right? I don't know. You can still get sued by someone if you run into them on the slopes, you just can not involve the ski area.
Now, as a good skier, I have no problem with these rules. The people that do should really consider taking up Yoga or something else. See, I do not mind taking responsibility for mistakes I make.If I decide to drop a 40 foot cliff into 3 feet of snow, I better pray there isn't a rock down there. Or I could be smart, and check out the landing before I attempt any jump.
I just say we should make people sign release forms for everything- want to buy a Big Mac?-Sign here. More coffee?- sign here. Like the way that 13 foot boat looks with that 250 horse Yamaha on it?- Sign here. You get the idea. You want the "dangerous" product, you sign. People would start to see how ridiculous some of these suits are, when they are having to sign to use a public restroom, or have to sign before going into a store with a recently mopped floor,or have to sign before going home with that girl from the bar(sorry- couldn't resist) etc, etc, etc.
I have always admired the European ski areas. They require that you buy insurance with your ticket purchase. This covers the rescue of anyone off the mountain. Not only do they never get sued, they fund the major rescues at the same time. The major benefit of this is that the ENTIRE mountain is accessible, yet hardly patroled. People who suck at the sport stay away from the tough terrain. People who can handle it- do it. Why the difference between our country and Europe?
Lawyers are not the only problem. We think we all deserve to be rich without working.What better way than to sue for some "injustice". It is just too much a part of American life, since we see it so much. We need to change our thought process first.
Look at what this mentality has done to the medical profession. Routine surgeries are now supposed to be fool proof, tough surgeries are supposed to be 99% successful, and god forbid a doctor misdiagnoses something.Wonder why they get accused of having a God complex? Pretty soon, all we will have are Radiologists, Dermatolagists, and Pediatrists- who would want to be a brain surgeon or otherwise?
There is no good answer. The people of this nation are the only ones in control of it. The lawyers, the doctors, the jury, the ethics of the nation, all are responsible, in part or whole, for the mess we are in these days. Will it end? Not as long as the attorney section of the yellow pages is 5 times the size of any other section. Someone is keeping these guys in business- supply and demand, it never fails. Try taking the demand away first- then see if we still have a problem.

BillB posted 09-25-2003 10:13 AM ET (US)     Profile for BillB  Send Email to BillB     
quote:
We have met the enemy and he is us

Pogo 1971
T Party posted 09-25-2003 11:14 AM ET (US)     Profile for T Party    
I don't suppose that this thread will be archived as it contains several unsavory epithets. I got in trouble here once for referring to an indicator stream as a [vulgar language deleted] - I guess JimH has let his standards both for relevant content and for coarse language fall precipitously. Pity.

Y'all have fun railing against lawyers. Hope you never need one.

Tom2697 posted 09-25-2003 11:22 AM ET (US)     Profile for Tom2697  Send Email to Tom2697     
We are already driving speed governed cars...A '98 Chrysler Concorde LXi is governed to 118 mph. An '00 Chevy Silverado is governed to 105 mph. An '01 Cadillac SLS is governed to 120 mph. When you reach these speeds, it is as though you hit a wall. You WILL spill your McDonald's coffee when the governor kicks in!
Knot at Work posted 09-25-2003 11:22 AM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
Rubadub - Nice resorting to a personal attack against me, with my nom-de-your "knothead" I wonder if I can sue you for slander? ;-)

Now as to my McDonald "product liability" comment I was referring to the "Big-Mac Fat-ass gonna-sue-the state of New York because I ate fast food and am a moron case"

The coffee case was an aside.

I love how you presume we the commoner's are idiots simply because we believe that TRIAL LAWYERS are a scourge. Actually scourge was too kind. Trial Lawyers are parasite's masking their greed behind the "common good"

You can look yourself in the mirror all day because your training has built a belief in your "profession" that you are the modern protectors of democracy... (I am sure glad this coffee is now legally required to be luke warm so I don't burn myself as I drop it in my lap laughing)

I find it poignant that you are quick to refer to the "copy right" laws of a quote of a classic by Jimh.

Here is a FACT: Lawyers grow up to be Judges. Some Judges legislate from the bench instead of enforcing the existing laws and adhering to strict letter of the law.

Lets look at some recent headlines:

Clarrett sues NFL - Trial Lawyer suing the NFL for entry against the NFL's own rules. Did we mention that Clarrett was in LEGAL violation of the NCAA rules and is KICKED off the Buckeyes?

Kraft Mac-n-Cheeze - Trial Lawyer sues for product making kids obese

OREO Cookies - Some Trial Lawyer contends he knows more about what I should feed my kids than I.

Smith and Wesson - sued for product liabality in that the guns KILL people... Luckily the City of Atlanta said B.S. and didnt settle. How the hell is a gun defective, if it can actually fire for it's purpose?

Sure there are bigger issues with each but now we are so desensitized to each civil case we just shake our heads while the TRIAL LAWYERS get richer from our misery.

One commercial in Virginia Beach shows trial lawyers pondering the good work they do... I laugh because that is good comedy...

Remember if someone breaks into your house and your in the defense of your life you may face LEGAL Civil actions as a result of your injury to the trespasser, regardless of the sign in your window, regardless of your 2nd Amendement rights.

I accept accountablity for my actions and do not require a lawyer to sue on my behalf for injuries I cause to myself due to my actions I expect no less from society.

As for Juries... Lawyers cruise through the pool until they find the jurors they desire. I have found it difficult to serve on a jury even though I belive we all should do this critical and important duty as citizen's. The reason: White Male, conservative, gun owning, property owning, married long term with child. In fact my only jurist flaw is I am Oakland Raider fan!

Rubudub- remember it best to remain suspected of being an imbecile instead of opening ones mouth and removing all doubt.


WMBS posted 09-25-2003 11:45 AM ET (US)     Profile for WMBS  Send Email to WMBS     
Jimh, Your original post, which has brought forth a civil (uncivil?) war among Whaler fans, involves two complicated areas of tort law; product liability and the doctrine of assumption of risk. My original response pointed out that we did not know sufficient facts about the transaction to fairly judge, for ourselves, the appropriateness of the litigation. The assumption of risk law reads basically as follows: "When a person knowingly and voluntarily takes a risk of physical injury, the danger of which is so obvious that the act of taking such risk, in and of itself, amounts to a failure to exercise ordinary care for one's own safety, that person cannot hold another liable for injuries proximately caused by such action even though the injuries may be in part attributable to the negligence of the other person." Thus, if bigshot is familar with high performance motorcycles, he should, when it poses no danger to someone else, have at it. If he injures himself in a high speed operation of the motorcycle, he will probably be considered, by his insurance carrier, to have assumed the risk. If, as I suggested hypothetically, while operating the motorcycle in its normal function, bigshot is injured by a disintegrating flywheel that was improperly designed or manufactured, he might find himself involved in a product liability case, at which time he will need the best plaintiff's lawyer he can find. If anyone thinks litigating against a large corporation is "easy pickin's", they have not seen what I have in 23 years as a trial level judge. The insurance defense bar have many of the best and brightest, and have convinced much of the public of a situation that does not, in my experience, exist. In all but one of the 10 or so medical malpractice cases I have tried as a judge the juries found for the doctor. Each cases was a battle of expert witnesses, and none of the cases were frivolous. Much of the financial problems encountered by the medical profession are being caused by their insurers, and recent settlements by medical groups has born that out. We don't know, from the facts available, whether the injured buyer of the Yamaha rig was assured by the seller that a 200 hp engine was safe on the size bass boat being purchased. Perhaps he was told that the motor was too big for the boat, in which case Yamaha might not have settled. My point is that we don't know the facts. I don't think the plaintiff's bar has made our country less safe, and I'm glad I did not have a family member killed in a rollover of an Explorer. Even the purveyors of tobacco seem to have recovered from their brush with the plaintiff's bar. We have discussed on continuouswave the idea of putting larger engines on Whalers than the model Whaler was designed for, and the fact that insurance companies probably will not cover the operation of the boat so equipped. That is the reason my fellow Whaler fans, whether they hate lawyers or not, should be aware of the doctrine of assumption of risk. I agree that we should graduate more engineers, perhaps we would have fewer lawyers involved in litigating exploding tires, or drugs that maim babies.
Goosedog posted 09-25-2003 11:54 AM ET (US)     Profile for Goosedog    
Classic Whaler: General
General discussion of Classic Whalers.

- amazing.

Knot at Work posted 09-25-2003 11:56 AM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
Hillary Clinton - A lawyer.

Goosedog posted 09-25-2003 12:09 PM ET (US)     Profile for Goosedog    
The engineer that beats his wife and kids - bad person.

The trial lawyer that brings frivolous lawsuits for the sole purpose of personal financial gain - bad person.

The mechanic that cheats his customers - bad person.

The accountant that sells drugs to kids - bad person.

The salesman that is cheating on his wife - bad person.

The soldier that spys for the enemy - bad person.

The [you pick your poison] that [is a bad person] - bad person.

poker13 posted 09-25-2003 12:47 PM ET (US)     Profile for poker13    
Sorry to get back into this, but I wanted to point out to knot at work that he's posted two more messages since he said he was following my example and bowing out.
Advocate posted 09-25-2003 01:03 PM ET (US)     Profile for Advocate  Send Email to Advocate     
Clarence Seward Darrow - a lawyer.
prxmid posted 09-25-2003 01:40 PM ET (US)     Profile for prxmid  Send Email to prxmid     
Dealing with lawyers frequently in business, their service is invaluable and most I deal with very professional.

I take issues with the responding lawyers professing their motivation for practicing law as some virtuous mission from God.

In most law firms (like accounting firms) there is tremendous pressure on partners and associates for billable hours. (or revenue generation for contingency cases).

I would submit that this pressure drives the frivalous suites, double billing, billing partner rates for paralegal work etc

Knot at Work posted 09-25-2003 01:55 PM ET (US)     Profile for Knot at Work  Send Email to Knot at Work     
Poker,

Make this 3.

Mea Culpa.

Defending my position after piled onto by the trial lawyers.

I will follow your example and bow out after bowing out.

Advocate posted 09-25-2003 04:39 PM ET (US)     Profile for Advocate  Send Email to Advocate     
Typical sailor, never around to finish the fight.
jstachowiak posted 09-25-2003 05:56 PM ET (US)     Profile for jstachowiak  Send Email to jstachowiak     
I have dealt with plaintiff lawyers for over 10 years in product litigation. I was on the defense side renting construction equipment and scaffolding.

I do see both sides and agree that you cannot comment or bash trial lawyers because someday you, or your family, might need one to settle a wrong. The best ones are "persistant" and direct. And make the most money.

The only one who makes sense on this thread is the judge. We do not know all the facts, and unless you sat there in the trial as the jury did you cannot pass judgement on any litigation, especially what is reported in the newsmedia.

Like anything the pedulum swings both ways and maybe it is swinging too much in favor of trial lawyers, but I am not even sure of that. Jurys make the awards.

The malpractice problems in Florida will be an interesting case study, because they just capped settlements so the insurance companies should be happy, I'll bet a Big Mac that the insurance rates to doctors DO NOT go down.

Another idea I never see discussed regarding litigation is "loser pays". What would that do? Would that bring some sanity back to the system or is it (trial lawyers) already too big. Interesting twist on this subject: http://my.voyager.net/~jayjo/loserpay.htm

Like my "flat tax" theory. Flat tax would never get passed because the whole accounting industry, accountants, books, Turbotax, etc., is "too big" and would be out of business. There is a multi billion dollar industry built around a complicated tax code, take that away and poof, your CPA is out on the street.

jimh posted 09-25-2003 08:44 PM ET (US)     Profile for jimh  Send Email to jimh     
Folks, this thread began as a simple notice, a pointer, to well publicized articles in newspapers that recounted facts associated with a legal action, Yamaha being sued by one of its customers, that was of some interest to our readers. If you search the web site you will find over 2,500 articles that contain the word "Yamaha" in them. And since the particular situation was particularly about Yamaha and their outboard motors, it seemed especially relevant.

Some people turned it into a referendum on lawyers.

Some lawyers turned it into a referendum on how I run the forum.

Some lawyers with potty mouths, who were harboring old wounds, took advantage to toss some more vulgar language around and then blame me for not moderating properly.

Fellas, I just point out the news. Don't blame me for the settlements, the decisions, the lawyering.

I don't smear people with broad brushes and insults. I leave that for the ... (oops, almost misspoke there!)

And as for the vulgar language, I learned about that when I was a young boy. If I learned a new word or two down at the playground and brought it home to my house, well, my mother used to tell me that she'd wash my mouth out with soap if I used language like that again.

As I recall, it only took one trip to the bathroom to get my mouth washed with soap to teach me not to use vulgar language.

To all the folks who append "Esquire" after their names, and to all the folks who don't, let's leave the lawyers and the lawyering out of this.

To all the folks that think they know better how to run a forum and a website, please have at it. I'd love to drop in on your site, maybe toss some insults your way, use some vulgar language, and see how you handle it. Maybe I'd learn something from seeing how it ought to be done.

TRAFFICLAWYER posted 09-25-2003 09:43 PM ET (US)     Profile for TRAFFICLAWYER    
"Are boats now to be designed at the Plaintiff's Bar?"

Jimh: You beg the question with inciteful rhetoric and than shy away from the responses you, yourself illicited. Seems to me you've singlehandedly stirred the pot and not the first time on this very subject, lawyers that is.

TRAFFICLAWYER posted 09-25-2003 09:47 PM ET (US)     Profile for TRAFFICLAWYER    
"Folks, this thread began as a simple notice, a pointer, to well publicized articles in newspapers..."

That question [plaintiffs bar] begets a tad more than "simple notice".

NEVER SCARED posted 09-25-2003 09:57 PM ET (US)     Profile for NEVER SCARED    
I wish Yamaha would have fought it. Those bass boats are high performance vessels. I wonder how long did this guy own the boat before opening her up? My 18 Outrage with 150 hp is my third boat. My previous was a 15 with a 40 hp. During my first week of ownership, I almost hit a piling near the boat ramp. My judgement was off cause I couldnt estimate the distance Id need to come off plane and turn into the harbor. This is with 10 years of boating experience. How can Yamaha make sure that everyone who operates their boats has enough experience?

Never scared

alkar posted 09-25-2003 11:00 PM ET (US)     Profile for alkar  Send Email to alkar     
jstachowiak, I think you're right. Your response was so balanced I felt guilty for driving the band-wagon on the lawyer-bashing.

Rubadub, thanks for the detail on the McDonalds hot coffee case. The information you provided was new to me, and it made the enormous verdict much more understandable. I should know better than to rely on the incomplete picture provided by the media. They've let me down more times than I can count, so I shouldn't be willing to base an opinion on the information they provide. My bad.

Trafficlawyer, thanks for the comic relief. I actually nodded and giggled my way through your list of frustrating professionals. I'm sure everybody here has experienced many of the frustrations you listed.

I work with criminal defense lawyers all the time. I think most of them - almost all - are very fine people trying to do the right thing. Unfortunately, the unscrupulous minority often seem to have a disproportionately large adverse impact, and the sting from their bad deeds seems to last much longer than the favorable effects from the good deeds of others. I don't know why that is.

It's too bad we can't get the folks on this forum together for a night on the beach. I bet we'd enjoy each other more than we do in writing.

John O posted 09-26-2003 12:58 AM ET (US)     Profile for John O    
I will never say there are too many lawyers in this country. There are just too many bad ones.

The basic problem is that there are too many lawyers chasing the same banana. It is easy to become a lawyer. Law school at all levels is not brain surgery.Look at some of the monkeys that are on TV as judges. My tie in to this explains the lack of quality health care in the US.

Quality doctors are retiring instead of paying huge insurance premiums to insure themseves from law suits.

Now we have a situation where the most productive members of society and most intelligent are being driven out by bullies.

It would be easy for me to say that there are too many lawyers...I just believe that there are too few situations for them hence they CREATE their own opportunities.


"Have your suffered an injury lately? call 800..."

Let's face it. Our society is too focused on "Loop Holes" rather than scientific break throughs.

Have you seen any prime time shows about tracking germ strains competing with a bunch of urban folks taking there case to TV court because Tyrone is really the father of baby Shanika?

Let's face it the law profession in the US is sad at best.

jimh posted 09-26-2003 01:09 AM ET (US)     Profile for jimh  Send Email to jimh     
John--Give it up. Come on down to the beach. We're gonna have a bonfire. Sort of a bonfire of the vanities (pardon me, Tom Wolfe).

If we drink enough we can all get sick and throw up together--this is how men form lasting bonds with their friends.

John O posted 09-26-2003 09:37 AM ET (US)     Profile for John O    
OK Jim. I'm done.
WMBS posted 09-26-2003 10:02 AM ET (US)     Profile for WMBS  Send Email to WMBS     
jimh, I hope this is my last comment, although it pertains to our discussions, among all the other topics, of liability in boating situations. In one of the discussions on another thread about mounting an engine larger than the boat's rating, someone suggested a scheme to mislead the insurance carrier. This ties into my concern about knowing more facts before reaching conclusions in the 200 hp Yamaha engine on the bass boat. If a person provides misleading information in an insurance application, that conduct may be treated under state law as a crime. Additionally, if the boat is involved in any kind of incident, even if the incident does not involve the engine's oversizing, and even if it is not the fault of the boat operator, any claims adjuster worth his or her salt will probably find out about the oversized engine. This will in all probability result in the insurance carrier denying coverage and cancelling the policy, because of the misrepresentation. That will leave the person very exposed to liability if the incident involved injury to a passenger or to someone in another boat. Further, any medical bills that the boat operator personally incurs in this hypothetical will have to come out of his or her pocket. Just as the folks at Trailer Boating magazine never advise a letter writer to tow a boat whose weight is beyond the tow rating of their vehicle, I hope my fellow Whaler fans will consider this admonition relating to applications for insurance coverage, even if they decide to put on an oversized engine after hearing about the doctrine of assumption of risk explained earlier.
Gep posted 09-26-2003 11:39 AM ET (US)     Profile for Gep  Send Email to Gep     
Jimh,
I just looked at your profile.
Too funny!!!
Stay the course.
Mike
15ftlover posted 09-26-2003 05:45 PM ET (US)     Profile for 15ftlover  Send Email to 15ftlover     
Wow! I can't believe how long-winded, vitriolic and trite this post has become, there must be a lawyer involved in it somewhere!;). Most have deservedly earned their reputation as bottom feeders (Do you really think contigency fees should be 35%?). Remember, to a lawyer it's not about what is right and wrong, it's about the law and what it can do for me-most have their conscience removed in law school.......And who gets to defend us from them? Other lawyers of course!

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