Posted On: July 21, 2004, 7:46 pm CDT

Posted By: Winston

You all raise very interesting points, however, in this instance, neither the Judge nor Plaintiff's attorney should be blamed for the statute(s) enacted by the Legislative branch.
We must remember that the Judicial branch is responsible for strictly and logically applying the various statutes imposed by the Legislature.
As a NY Adjuster I do agree that there are far too many frivolous lawsuits. However, I do believe in the system of checks and balances.
Based upon the prior comments, the statue failed to include the type of activity which Plaintiff was involved in relative to the subject accident. The Judge may have been Legally correct in his decision (Although I do not feel comfortable with the decision). The matter should be heard at trial, and a jury decide on the matter.