Re: Grounds for personal injury suit

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I hate to rain your carnival parade, professor, but law professors did
nothing for this discussion. Practical experience did. So don't be so
quick to pat yourself on the back for something you had nothing to do with.

Someone with no legal legal training started the discussion about the
possibility of a lawsuit. It was all her idea. Then Mudge countered, not
by citing a law-review article, but with the practical reality of bringing a
suit with little hope of recovery and that would cause grief to a child. He
could not be more right, and it comes from experience not study.

If you want to marvel at what law schools accomplish, just read CalLaw's
diatribes. He posits theory after theory, piecing together cases from far-
flung sources. Not once does he cite a case where a patron sued a
restaurant becuase the waiters pooled tips. Not will he. That case will
never exist.

But the merrits of his argument (if you want to call it that) matter not.
Because no practicing lawyer would fund such loser of a case, which is why
no case exists for him to cite and why one never will. In other words,
CalLaw's approach or his "take," if you will, clashes with the practice in
fundamental ways. In fact, it completely avoids the practice of law
outright. His thought errors are a product of law school.

Actually, I take that back. I did mean to rain on your parade.

On 2/10/05, Mitchell Franklin, III (Law Professor Tulane U; New Orleans)
wrote:
>
> Good discussion, guys!. Looks like our efforts as law professors are
> having some impact. My old grand-daddy taught Hardy Parkerson and told me
> once he sat right on the front row and soaked in every word of what Grand-
> Daddy said, just like a little bird in a nest with his beak open waiting
> for a worm from his mother. Keep up the good debate and discussions,
> guys, I enjoy reading them! This is the fist time I've ever posted,
> however. They don't like us to go public at Tulane; they want us to
> reserve our statements and views for the TULANE LAW REVIEW or some other
> such publication. I looked and learned that old Hardy was not on Law
> Review when he was here; but that's no disgrace, as at that time a law
> student had to be in the top ten-percent of his class to be on Law Review;
> and apparently Parkerson was not. However, my grandfather tole me that he
> used to call Parkerson a "scholar in exile", having done his undergraduate
> work at such an humble college as McNeese.
>
> Mitch - New Orleans
>
>
>
>
> On 2/10/05, Curmudgeon wrote:
>> God forbid that we open the floodgates to "parental malpractice"
>> lawsuits. Or maybe it wouldn't be so bad after all. All those 15 years
>> olds wanting to get "emaciated" would stay home just to magnify their
>> damages.
>>
>> But my point to the OP was that the costs/benefits of such a lawsuit may
>> not be worth it. The medical bills for a relatively small bruise would
>> not be much (even if there were any such bills). The "emotional
>> distress" from the assault would be somewhat more valuable. There would
>> be no claim on behalf of the other children. If there was homeowner's
>> insurance, they'll pull no punches in defending the case and they'll put
>> the child through hell. Are those few thousand dollars worth the trauma
>> to the child?
>>
>> Mayby Hardy and Boudreaux will jump back in and try to place a range of
>> actual dollar values on the case. Its easy to sue somebody, but do you
>> wanna do that to a child for a few bucks? And keep in mind that Hardy's
>> gonna keep his 40 percent of the gross before he starts doling out the
>> proceeds to the hospital, therapist, court reporters, expert witnesses,
>> and finally the child.
>>
>> On 2/10/05, v wrote:
>>> I have to agree with Hardy on
>>> this. I got this from a jersey
>>> lawyer pertaining to a law suit
>>> brought about from injurys to my
>>> son when he was 15. Had we not
>>> brought the law suit out for our
>>> son, we could be sued by our son
>>> for malpractice when he turnd to
>>> the age of majority. Not looking
>>> out for his best interests. Since
>>> he was not old enough at the tie
>>> to initiate a suit on his own
>>> behalf.
>>>
>>>
>>> On 2/09/05, Ozarks Lawyer wrote:
>>>>
>>>> Yeah, I know. I didn't say I
>>> didn't like him. He has some
>>> good
>>>> comments once in a while. But
>>> sometimes I wonder. The jury is
>>>> still out (the same could
>>> probably be said about me).
>>>>
>>>> Mabye it's a Louisiana thing.
>>> I spent a few years there
>>> myself.
>>>> Had a great time. Kind of a
>>> nutty place, both good and bad.
>>> Always
>>>> a bit weird. Always on a
>>> tilt. Half-cocked, flamboyant
>>> and out for
>>>> a good time. That's just
>>> Louisiana. Gotta love it. And
>>> Hardy
>>>> Parkerson seems to be the
>>> personifcation of that state. I
>>> mean that
>>>> with no disrespect. Nor do I
>>> mean it with any respect. It is
>>> what
>>>> it is.
>>>>
>>>>
>>>>
>>>> On 2/09/05, Justin Boudreaux
>>> wrote:
>>>>>
>>>>> At least, Ozzie, he's not
>>> afraid to speak up. Also, he's
>>> not
>>>>> afraid to post his name.
>>> Heck, he'd sue his grandmother if
>>> she
>>>>> was wrong. That's why they
>>> call him "Quick Money attorney".
>>> He
>>>>> likes filing them law suits.
>>> If I were a lawyer, that's what
>>> I'd
>>>>> do too. That's the only power
>>> lawyers have, to file and
>>> litigate
>>>>> law suits. All the rest is
>>> secretary work,and notary work.
>>>>>
>>>>> Justin B.
>>>>> Ville Platte
>>>>>
>>>>>
>>>>>
>>>>> On 2/09/05, Ozarks Lawyer
>>> wrote:
>>>>>>
>>>>>> I've always wondered about
>>> this guy.
>>>>>>
>>>>>>
>>>>>> On 2/09/05, Hardy Parkerson,
>>> Atty. wrote:
>>>>>>>
>>>>>>> I disagree. I'd sue the
>>> batard. Teach him a lesson. His
>>>>>>> homeowners policy might even
>>> pay for her medical bills and
>>>>>>> for damages, although they
>>> might try to get out of paying
>>>>>>> because it was an
>>> intentional act. I'm sure they'd
>>> pay her
>>>>>>> medical bills undere the med-
>>> pay provisions of his homeowner's
>>>>>>> policy. Also, he can pay
>>> himself. You might want to take
>>> your
>>>>>>> daughter to the M.D., or
>>> even to a psychiatrist and/or a
>>>>>>> psychologist for treatment
>>> and an assessement of damages.
>>> He
>>>>>>> hit her; hit him back!
>>> That's what I like about the
>>> Jews:
>>>>>>> when the Arabs lob a round
>>> into Jerusalem, the Jews lob
>>> seven
>>>>>>> back at the Arabs. Pretty
>>> soon the Arabs learn there is no
>>>>>>> profit in shelling the
>>> Jews. Hit back!
>>>>>>>
>>>>>>> Sincerely,
>>>>>>>
>>>>>>> Hardy Parkerson, Atty.
>>>>>>> Lake Charles, LA
>>>>>>>
>>>>>>>
>>>>>>> On 2/09/05, Curmudgeon
>>> wrote:
>>>>>>>> I was hoping someone would
>>> jump in with some creative
>>>>>>>> response. Apparently not.
>>> In my opinion, you would have
>>>>>>>> the right to sue on behalf
>>> of your daughter. But, again in
>>>>>>>> my opinion, there is not
>>> significant monetary value to the
>>>>>>>> case--and certainly not
>>> enough to outweigh the trauma it
>>>>>>>> would cause to your kids to
>>> put them through such a lawsuit.
>>>>>>>>
>>>>>>>> On 2/09/05, cookie wrote:
>>>>>>>>> I posted to the "main"
>>> board earlier but maybe this is
>>>>>>>>> where I should have posted-
>>> -i have sole custody of my 3
>>>>>>>>> kids-my 12-year-old
>>> daughter went to visit her dad in
>>> late
>>>>>>>>> december-he lost his
>>> temper (that's a longstanding
>>>>>>>> problem)
>>>>>>>>> threw a cordless phone at
>>> her, pushed her across the room
>>>>>>>>> and kicked her-she had an
>>> 8 x 2-inch bruise on her thigh-
>>>>>>>> he
>>>>>>>>> was arrested-i would like
>>> to sue him for the pain and
>>>>>>>>> stress he caused her and
>>> the rest of the family-i have not
>>>>>>>>> allowed him to see the
>>> kids since this incident-would
>>> this
>>>>>>>>> be possible?