Man awarded millions in dare settlement
Posted: January 23rd, 2009, 11:25 am
by DeWayneTN
I am sympathetic to the plight of this man, because I suffered a similar injury (that was beyond my control) and it iis a horrible position to be in. However, I didn't realize you could sue people for daring you to do things.
http://www.orlandosentinel.com/news/loc ... 4148.story
Posted: January 23rd, 2009, 1:08 pm
by dolfan
DeWayne, I'm with you. Horseplay encouraged by the supervisor for the company, if it results in injury, is actionable. It happens more than you might think. But, in Alabama, we are a "contributory negligence" state (one of a very, very few). That means if you are 1% negligent in causing your own harm, you lose 100%. A sympathetic figure like this guy would have a good chance to sway a jury. Judges in Alabama? North Alabama -- he'd have a harder time, and certainly a smaller judgment. South Alabama --- I don't know. Easier there to get big verdicts.
But, it won't matter. The guy has declared Chapter 7. Under bankruptcy law, unless the injury is done maliciously or intentionally, you can discharge it. The business is not a corporation, or it wouldn't be in chapter 7 --- and it wouldn't get a discharge. He'll start over again, which, if he DID have any role to play in this guy's injury, well, it's a small price to pay in relative terms to the guy being in a wheelchair.