Once again, the courts reward those actions that prove Darwin was right, and interfere with the process of natural selection by rewarding a human for stupidity and putting the blame on others.
Our devolution is all but assured.
Missing from this article, which helps explain how the church could be found to hold the majority of negligence in this case regardless of if someone from the church told the guy to burn the pile or not, is the following:
Casto’s attorney, Dock Blanchard, argued that his client should have been supervised at all times. He pointed to a written agreement between Hackathorn and the Department of Corrections that states that all offenders working at the church will be supervised in the performance of his or her duties.
“It’s an expressed promise,” Blanchard said.
“We submit to you that after you’ve heard the evidence you will agree that the church acted negligent,” said Blanchard in his opening statement. “That negligence cost Mr. Casto injuries for the rest of his life.”
If Florida had contributory negligence statutes like North Carolina, the church’s general liability policy wouldn’t have had to pay anything. Florida has comparable negligence statutes.
The church’s worker’s compensation policy would have to pay because volunteers are covered same as employees without a negligence clause.
It would be hard to assert this was an employee. If he was, then it would be a lot cheaper for the church. To be an employee (simplified) there needs to be consent, control and consideration. The reason many volunteers in many states can be considered (selectively) employees is because there is usually as much control and consent as there is an employee and where it gets hung up is the consideration. Many states for WC will say a meal or a place to sleep is consideration, not just payment. In this case, there is not consent (he is being forced by the state to work off a debt to society) and probably not consideration. The lawyer is certainly making a case that there should have been even more control than an employee would have. We do have a jury system that I support, but in this case, I believe the jury got it wrong. Obviously, I don’t know all the particulars, but why is there even a gas can available when collecting brush. The injured person should have been at least 75% at fault and the church and state split the rest (contractually, the state pushed that to the church.). My suggestion is all churches quit accepting community service requires from the state. while they are trying to do a good thing for these people, it can only backfire and cost millions.
I would have to opine that almost any state’s juries would be similar as people feel for the injured more than understand the law. Skillful lawyers can play up the injuries and juries have a hard time getting past that since it will be the insurance companies that are stealing everyone blind anyway.
Another strike against the primacy of the individual. Since Florida instituted pure comparative negligence by judicial fiat,
profligate juries have had a field day. It will only get worse.
The entirety of Florida is a legal cesspool.
But, wasn’t Castro himself 100% negligent for striking the match?!??
Once again, the courts reward those actions that prove Darwin was right, and interfere with the process of natural selection by rewarding a human for stupidity and putting the blame on others.
Our devolution is all but assured.
This sounds ripe for appeal
Missing from this article, which helps explain how the church could be found to hold the majority of negligence in this case regardless of if someone from the church told the guy to burn the pile or not, is the following:
Casto’s attorney, Dock Blanchard, argued that his client should have been supervised at all times. He pointed to a written agreement between Hackathorn and the Department of Corrections that states that all offenders working at the church will be supervised in the performance of his or her duties.
“It’s an expressed promise,” Blanchard said.
“We submit to you that after you’ve heard the evidence you will agree that the church acted negligent,” said Blanchard in his opening statement. “That negligence cost Mr. Casto injuries for the rest of his life.”
But does supervising someone mean that you have to stand next to them and watch every move they make? I’m in a heap of trouble if that’s the case.
Regardless of the promise to provide supervision for the man who was burned, finding the church negligent is ludicrous.
If Florida had contributory negligence statutes like North Carolina, the church’s general liability policy wouldn’t have had to pay anything. Florida has comparable negligence statutes.
The church’s worker’s compensation policy would have to pay because volunteers are covered same as employees without a negligence clause.
Understanding your logic, but if he is working off community service is he considered a volunteer? Seems mandatory to me.
It would be hard to assert this was an employee. If he was, then it would be a lot cheaper for the church. To be an employee (simplified) there needs to be consent, control and consideration. The reason many volunteers in many states can be considered (selectively) employees is because there is usually as much control and consent as there is an employee and where it gets hung up is the consideration. Many states for WC will say a meal or a place to sleep is consideration, not just payment. In this case, there is not consent (he is being forced by the state to work off a debt to society) and probably not consideration. The lawyer is certainly making a case that there should have been even more control than an employee would have. We do have a jury system that I support, but in this case, I believe the jury got it wrong. Obviously, I don’t know all the particulars, but why is there even a gas can available when collecting brush. The injured person should have been at least 75% at fault and the church and state split the rest (contractually, the state pushed that to the church.). My suggestion is all churches quit accepting community service requires from the state. while they are trying to do a good thing for these people, it can only backfire and cost millions.
Volunteers are not treated the same as employees in all states.
Really Libby?
Yes, really smartass.
The lack of personal responsibility and accountability in today’s society is astonishing to me. It’s always somebody else’s fault. Just pitiful.
Once again this case proves that Florida has the dumbest (or most gullible) juries in the country!
Juries made up of their citizens. I rest my case.
I would have to opine that almost any state’s juries would be similar as people feel for the injured more than understand the law. Skillful lawyers can play up the injuries and juries have a hard time getting past that since it will be the insurance companies that are stealing everyone blind anyway.
Another strike against the primacy of the individual. Since Florida instituted pure comparative negligence by judicial fiat,
profligate juries have had a field day. It will only get worse.
The entirety of Florida is a legal cesspool.
Strike “legal” and you have it correct.
Why is the church able to use labor like that, do they pay for it? Also, wouldn’t the dude’s burns be an act of Gawd? Hmmmmmmmm.