You have got to be kidding… Do we have to put a bubble around everything in this world? How about the idiot that left the children in the minivan without the emergency break set – or the vehicle in park – – – – OH WAIT ! ! ! Lets sue the minivan manufacturer because the thing rolled down the hill… and the paving contractor who graded the road … and the landscape contractor who mowed the grass so it was low enough that it didn’t stop the van… holy cow – A tragedy yes… but when will they stop the madness ! ! ! !
Who was more negligent, the City for not installing a guard rail or the person who neglected to set the parking brake? The plaintiff in this case should pay all the legal expenses of the defendant if they lose like they do in Britain.
I guess it would be hard for any parent to accept the responsibility for the death of their child so it is easier to sue another party to shift the blame.
There are signs all over Beardsley Park in this area that state NO PARKING.
Because the “adult” in this situation chose not to pay attention because the “adult” in this situation decided that the rules did not apply to her, this un-necessary tragedy occurred.
first of all the liability is the responsiblity of the driver. how can the car go downhill? if he did not set the brake, you can not hold anyone responsible outside the driver of the vehicle. how can they lay claim to 2 of the 3 kids that died? um…um…
also, how does a zoo become responsible for the park w/in the city? was this vehicle parked inside a zoo?
this lawsuit is not going to replace the life of the kids. it will not take away the pain of losing the loved ones. there will be the guilty feeling for the driver who is responsible. so why are we so happy to sue, when it’s not the city’s fault? we are in economic times and we think that these cities have money? i don’t think so!
There was no paved roadway leading to this pond so why should there have been a barrier? Apparently, the driver was incredibly stupid by leaving the van in NEUTRAL allowing it to roll. All she had to do was put it in “park”. The survivors are obviously not satisfied with the auto liability limits so they’re chasing the deep pockets. If this doesn’t get tossed beforehand, I wouldn’t be too worried to try the case.
And the lawyer that filed this frivilous case should be disbarred and and placed on community service for 2,000 hours, cleaning up the cages at the zoo. Let the lowlife ambulance chaser work on the bottom of the food chain for once.
Let’s just hope the IJ keeps us up to date on this one. I remember a case wherein a family sued an oven manufacturer because the oven door wasn’t strong enough for their child to use as a trampoline. Amazing what people sue over and what bottom feeding lawyers take on (anything).
i know that this is something they really need to look at. if the judge or jury finds this as NAF, then the lawyer and his party he represents should be both doing community service. granted there is a loss of life and we can’t give that back. but responsibility that we show as adults is definately rubbing onto our children. problem is the lawyers are looking at money money money, even if they loose, they will end up getting money from their clients. it’s a shame!
thanks for the update on the notice of no parking. this clearly states that the individual is responsible. i know we mourn and grief over the loss of life, but it can get ridiculous when folks just are looking at ways to remove the responsibility. they want someone else to payup for their own mistakes.
“Michelle McIntosh’s mother, Veronica Plummer, said 2-year-old David was a bright, energetic boy who had a fascination with pretending to drive. The boy’s father said his son sometimes got out of his car seat.
“Probably one of the kids was eager to get out of the car and touched the gear or something,” David McIntosh said.”
(this David is the father of the driver and the 2 year old David who died in the accident)
the only person liable here is the van driver/owner/operator. of course these greedy families only go after the deep pockets. so typical of entitlement pigs.
As the mother of three, I know all too well that children are escape artists, that accidents do happen, and that the responsible adult often makes mistakes. Sadly this one ended in tragedy and no amount of money can make up for it. In fact, dragging this into court will only prolongue the pain for the grieving parents and loved ones. My heart goes out to them… just wish they weren’t getting bad advice and could find peace without trying to place blame where it doesn’t lie.
On a different note, my dog loosed the e-brake on my car and backed it out of the parking spot at the grocery store while I ran in for literally 2 minutes. I think I’m a reasonably prudent person but that was definitely a mistake on my part. Who could foresee that happening to me… or this tragedy happening to these poor people.
And did your dog put the car in gear also? Must be a pretty good driver, that dog, apparently didn’t hit anything? (Or was that supposed to be a joke?)
Hopefully you are getting a sense of your 12 jury members.
You have got to be kidding… Do we have to put a bubble around everything in this world? How about the idiot that left the children in the minivan without the emergency break set – or the vehicle in park – – – – OH WAIT ! ! ! Lets sue the minivan manufacturer because the thing rolled down the hill… and the paving contractor who graded the road … and the landscape contractor who mowed the grass so it was low enough that it didn’t stop the van… holy cow – A tragedy yes… but when will they stop the madness ! ! ! !
The city should employ the ‘act of God’ defense since this was clearly the result of gravity.
Who was more negligent, the City for not installing a guard rail or the person who neglected to set the parking brake? The plaintiff in this case should pay all the legal expenses of the defendant if they lose like they do in Britain.
I guess it would be hard for any parent to accept the responsibility for the death of their child so it is easier to sue another party to shift the blame.
’nuff said.
Thank God the van didn’t roll into the ocean. Can you imagine the rail that would have to be installed?
There are signs all over Beardsley Park in this area that state NO PARKING.
Because the “adult” in this situation chose not to pay attention because the “adult” in this situation decided that the rules did not apply to her, this un-necessary tragedy occurred.
first of all the liability is the responsiblity of the driver. how can the car go downhill? if he did not set the brake, you can not hold anyone responsible outside the driver of the vehicle. how can they lay claim to 2 of the 3 kids that died? um…um…
also, how does a zoo become responsible for the park w/in the city? was this vehicle parked inside a zoo?
this lawsuit is not going to replace the life of the kids. it will not take away the pain of losing the loved ones. there will be the guilty feeling for the driver who is responsible. so why are we so happy to sue, when it’s not the city’s fault? we are in economic times and we think that these cities have money? i don’t think so!
If I remember correctly, the driver jumped back into the vehicle to try and stop it and also drowned.
There was no paved roadway leading to this pond so why should there have been a barrier? Apparently, the driver was incredibly stupid by leaving the van in NEUTRAL allowing it to roll. All she had to do was put it in “park”. The survivors are obviously not satisfied with the auto liability limits so they’re chasing the deep pockets. If this doesn’t get tossed beforehand, I wouldn’t be too worried to try the case.
And the lawyer that filed this frivilous case should be disbarred and and placed on community service for 2,000 hours, cleaning up the cages at the zoo. Let the lowlife ambulance chaser work on the bottom of the food chain for once.
This will probably lead to to personal lines asking if the pond or river next to the house is fenced.
I smell GREED!!!
I am certain there was no auto insurance in place.
Let’s just hope the IJ keeps us up to date on this one. I remember a case wherein a family sued an oven manufacturer because the oven door wasn’t strong enough for their child to use as a trampoline. Amazing what people sue over and what bottom feeding lawyers take on (anything).
i know that this is something they really need to look at. if the judge or jury finds this as NAF, then the lawyer and his party he represents should be both doing community service. granted there is a loss of life and we can’t give that back. but responsibility that we show as adults is definately rubbing onto our children. problem is the lawyers are looking at money money money, even if they loose, they will end up getting money from their clients. it’s a shame!
thanks for the update on the notice of no parking. this clearly states that the individual is responsible. i know we mourn and grief over the loss of life, but it can get ridiculous when folks just are looking at ways to remove the responsibility. they want someone else to payup for their own mistakes.
Information from an AP posting in July 2007
“Michelle McIntosh’s mother, Veronica Plummer, said 2-year-old David was a bright, energetic boy who had a fascination with pretending to drive. The boy’s father said his son sometimes got out of his car seat.
“Probably one of the kids was eager to get out of the car and touched the gear or something,” David McIntosh said.”
(this David is the father of the driver and the 2 year old David who died in the accident)
the only person liable here is the van driver/owner/operator. of course these greedy families only go after the deep pockets. so typical of entitlement pigs.
I doubt the shameless whores in suits care.
I’m afraid not. The rational, intelligent and logical folks are responding. The potential jury members are watching watching Jerry Springer.
And a big thank you goes out to President Bill Clinton for that.
As the mother of three, I know all too well that children are escape artists, that accidents do happen, and that the responsible adult often makes mistakes. Sadly this one ended in tragedy and no amount of money can make up for it. In fact, dragging this into court will only prolongue the pain for the grieving parents and loved ones. My heart goes out to them… just wish they weren’t getting bad advice and could find peace without trying to place blame where it doesn’t lie.
On a different note, my dog loosed the e-brake on my car and backed it out of the parking spot at the grocery store while I ran in for literally 2 minutes. I think I’m a reasonably prudent person but that was definitely a mistake on my part. Who could foresee that happening to me… or this tragedy happening to these poor people.
And did your dog put the car in gear also? Must be a pretty good driver, that dog, apparently didn’t hit anything? (Or was that supposed to be a joke?)