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Thread: Mother Killed By Driver On Cell Phone, Sues Both Wireless And Phone Provider

  1. #1
    Vulture of The Western World Eric's Avatar
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    Mother Killed By Driver On Cell Phone, Sues Both Wireless And Phone Provider

    Jennifer Smith's 61-year-old mother was killed last year in Oklahoma City by a driver talking on a cell phone. Now, the New York Times reports Smith is suing both the company that provided the driver's phone and his wireless service.

    [Smith] hopes to prove that the companies should have foreseen the dangers and that they failed to provide adequate warnings.

    Legal experts said her lawsuit, currently the only such case and one of only a handful ever filed, faces steep challenges but also raises interesting questions about responsibility for behavior that is a threat to everyone on the road.

    In September, Smith was interviewed by the AP for an article about drivers with cell phones. "This isn't just a small problem," Smith said. "This is an epidemic."

  2. #2
    Senior Member DonTom's Avatar
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    Quote Originally Posted by Eric View Post
    Jennifer Smith's 61-year-old mother was killed last year in Oklahoma City by a driver talking on a cell phone. Now, the New York Times reports Smith is suing both the company that provided the driver's phone and his wireless service.

    [Smith] hopes to prove that the companies should have foreseen the dangers and that they failed to provide adequate warnings.
    Yeah, right. Of course that driver would never talk on a cell phone while driving if there was such a warning.

    -Don-

  3. #3
    Vulture of The Western World Eric's Avatar
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    Quote Originally Posted by DonTom View Post
    Yeah, right. Of course that driver would never talk on a cell phone while driving if there was such a warning.

    -Don-
    The woman's death was tragic but her daughter's an emoting fool or a shyster looking for a payday.

    A cell phone is a tool, period. If misused, that is hardly the fault of the company that made it. Any tool, device or product can be misused/used negligently - but a society that holds the manufacturer responsible for the incompetence or negligence of the person who misused it is a society of dunces, poltroons and scammers.

    Hell, maybe GM owes me a few million. When I was a teenager, working on my '78 Camaro, I lost my footing and my right hand ended up getting too near the running engine - and pulleys. My pinkie finger was almost completely sheared off. It was re-attached but the middle joint is fused and the finger is pretty screwed up. Is that Chevrolet's fault? After all, there were no saaaaaaaaaaafety guards to keep me from accidentally getting my hand caught in the running engine.

    It never occurred to me to blame anyone but myself - and bad luck.

    I guess I wasn't raised right!

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    Administrator Ken's Avatar
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    Quote Originally Posted by Eric View Post
    The woman's death was tragic but her daughter's an emoting fool or a shyster looking for a payday.

    A cell phone is a tool, period. If misused, that is hardly the fault of the company that made it. Any tool, device or product can be misused/used negligently - but a society that holds the manufacturer responsible for the incompetence or negligence of the person who misused it is a society of dunces, poltroons and scammers.

    Hell, maybe GM owes me a few million. When I was a teenager, working on my '78 Camaro, I lost my footing and my right hand ended up getting too near the running engine - and pulleys. My pinkie finger was almost completely sheared off. It was re-attached but the middle joint is fused and the finger is pretty screwed up. Is that Chevrolet's fault? After all, there were no saaaaaaaaaaafety guards to keep me from accidentally getting my hand caught in the running engine.

    It never occurred to me to blame anyone but myself - and bad luck.

    I guess I wasn't raised right!
    Dude, you missed the opportunity of a lifetime, you should have;

    a) Sued the car manufacturer for not fitting adequate guards.

    b) Sued the fan manufacturer for not making the blades 'finger' safe.

    c) Sued the car manufacturer for not instructing the fan manufacturer to make the blades 'finger' safe.

    d) Sued the fan manufacturer for not advising the car manufacturer to fit adequate finger guards as the fan blades were not 'finger' safe.

    e) Sued the maker of your shoes for not making them slip-proof.

    f) Sued yourself for not ensuring the shoes were slip-proof.

    g) Sued your lawyer for not advising you to sue under conditions A) to f), above.

    Man, you missed the chance of a lifetime, when recession came you could have bailed out the economy all on your own!

    Ken.
    Die dulci fruimini!
    Ken.
    Wolds Bikers, Lincolnshire, England.

  5. #5
    Ridin Dirty dom's Avatar
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    I'm with Ken, and then some..

    Screw it, let's just shut down the whole world. Why stop with the car manufacturers.

    No, better yet still.. THE GALAXY

    "Tutto nello Stato, niente al di fuori dello Stato, nulla contro lo Stato "
    -Mussolini
    All within the state, nothing outside the state, nothing against the state.

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    Administrator Ken's Avatar
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    Quote Originally Posted by dom View Post
    I'm with Ken, and then some..

    Screw it, let's just shut down the whole world. Why stop with the car manufacturers.

    No, better yet still.. THE GALAXY
    Damn, Dom now he'll be a'suin me for not telling him that he could do that!

    Ken.
    Die dulci fruimini!
    Ken.
    Wolds Bikers, Lincolnshire, England.

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    Vulture of The Western World Eric's Avatar
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    Quote Originally Posted by Ken View Post
    Damn, Dom now he'll be a'suin me for not telling him that he could do that!

    Ken.
    I'm speaking with my attorney as I type...

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    Administrator Ken's Avatar
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    Quote Originally Posted by Eric View Post
    I'm speaking with my attorney as I type...

    Careful now, Eric, or I shall be forced to enter a plea of haveus a corpus.

    Ken.
    Die dulci fruimini!
    Ken.
    Wolds Bikers, Lincolnshire, England.

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    Senior Member J. ZIMM's Avatar
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    Holy Bull Snort, Bat Brat. I think I will go down to the local Lumber Yard, buy me a Two by Four, a Hammer, go home, and pound the hell out of my fingers on the Two by Four, with that new Hammer. Then I can sue the Lumber Yard for selling me that board and hammer. Then I could sue the Lumber Company for the Manufacture of that board, as well the Manufacture of the Hammer for not having some sort of safety impact device on the head of the Hammer to keep one from damage from oneself. God, this could lead onto a whole bunch of Lawsuits. How about the folks that dug up the raw Material from the ground. Hey, I think you folks hit upon something.

  10. #10
    Vulture of The Western World Eric's Avatar
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    Quote Originally Posted by J. ZIMM View Post
    Holy Bull Snort, Bat Brat. I think I will go down to the local Lumber Yard, buy me a Two by Four, a Hammer, go home, and pound the hell out of my fingers on the Two by Four, with that new Hammer. Then I can sue the Lumber Yard for selling me that board and hammer. Then I could sue the Lumber Company for the Manufacture of that board, as well the Manufacture of the Hammer for not having some sort of safety impact device on the head of the Hammer to keep one from damage from oneself. God, this could lead onto a whole bunch of Lawsuits. How about the folks that dug up the raw Material from the ground. Hey, I think you folks hit upon something.
    It would be funny if the courts could be counted on to throw the case out as soon as it was filed - and if the law allowed the person/company that was sued frivolously to recoup every cent spent having to defend against such BS.

    Unfortunately, the courts do take these "cases" seriously and the law provides no relief to the person or company sued unfairly - even if they "win." They still get stuck with thousands of dollars in legal bills. I am not a fan of the British system (or rather, what it has become) but I do like their "loser pays" idea. If you sue someone and the case is BS and you lose, you also get to pay the legal expenses of the person you sued.

    I think that would be s strong deterrent to the sort of Maggotry we've been talking about!

  11. #11
    Senior Member DonTom's Avatar
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    "No, better yet still.. THE GALAXY"

    Which one? See this. (ignore the hijacked nonsense 1/3 into it. It will continue in a few more seconds).

    -Don-

  12. #12
    Senior Member J. ZIMM's Avatar
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    Yep, I know what you are getting at. Just look at some of the Bull Crap type of Lawsuits that have made Headlines in years past. Like the dumb Broad that spilled Coffee on her Thighs because she was holding it between her legs. She sued McDonald's because the Coffee was to hot. She suffered second or third degree burns on her legs. There was one who sued the gun manufacture as well as the ammo maker when he shot himself in the leg through the Knee Cap. Now he walks with a squeak. What he fail to tell any one, that he was practicing a quick draw, and he pulled the trigger to soon. To bad he wasn't wearing it near his belt buckle. Would've slowed that Gene Pool down somewhat. In todays class of Morons, we have those that don't understand that if you shove a board though a table saw, with your fingers in the line of fire, you stand a good chance of loosing a couple. It's to bad too, because we have to pay for these nincompoops foul ups through higher prices for safe guards on stuff. No doubt, some of these products need safe guards like flat metal grinders. Or they could walk across the table and take care of your Gene Pool. A lot of this stuff is, plain and simple, just common sense. As to which some people just seem to lack.

  13. #13
    Vulture of The Western World Eric's Avatar
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    Quote Originally Posted by J. ZIMM View Post
    Yep, I know what you are getting at. Just look at some of the Bull Crap type of Lawsuits that have made Headlines in years past. Like the dumb Broad that spilled Coffee on her Thighs because she was holding it between her legs. She sued McDonald's because the Coffee was to hot. She suffered second or third degree burns on her legs. There was one who sued the gun manufacture as well as the ammo maker when he shot himself in the leg through the Knee Cap. Now he walks with a squeak. What he fail to tell any one, that he was practicing a quick draw, and he pulled the trigger to soon. To bad he wasn't wearing it near his belt buckle. Would've slowed that Gene Pool down somewhat. In todays class of Morons, we have those that don't understand that if you shove a board though a table saw, with your fingers in the line of fire, you stand a good chance of loosing a couple. It's to bad too, because we have to pay for these nincompoops foul ups through higher prices for safe guards on stuff. No doubt, some of these products need safe guards like flat metal grinders. Or they could walk across the table and take care of your Gene Pool. A lot of this stuff is, plain and simple, just common sense. As to which some people just seem to lack.

    Idiots will be with us always - but what we've got now is societal rewarding of idiocy.

    In the not-so-long-ago past, if you did something stupid, people laughed at you - and you learned a lesson (be more careful next time/don't do that, etc.). Today, it's an opportunity to cash in. It's someone else's fault. Or the fault of a product (because you used it improperly or negligently).

    In the past, most people would have been appalled by such shyster tactics - and lawyers and so on who got involved in such were shunned. Today, there is no social stigma and huge monetary rewards to be reaped.

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