OCR Text |
Show .V Page A7 - fllfrg -- Thursday, flTtmgg-tthepenbe- nt March 24, 2005 First in a series The myth of the frivolous lawsuit by Steve Russell Raising this season's imminent threat to the American way of life, the bought and paid for cronies of our corporate and insurance regime have again conjured from their bag of tricks the shop worn specter of the frivolous lawsuit. Yet another lie to scare the public and blame the victims while at the same time, deftly picking your pockets. Weve all heard the horror stories like the lady who was scalded with McDonalds coffee. Most of them are myths. For the rest, anyone who cared to look into the actual facts of RSVP members welcome June Warrs son Floyd to the Senior Citizen Band. Pictured are Bob Groth (bass tub), John Hagner (drums), Lavarre Hibl (fiddle), Floyd (guitar), and June. Other new members are Buster and Faye Townsend (not pictured). City hears support for animal shelter by Jeannine Wait Flats Road. contributing writer This weeks Moab City Council meeting included a public hearing to solicit input on an application to the Permanent Community Impact Board (PCIB) to construct an animal shelter at 990 Sand The proposed shelter is 2600 sq. ft. and will cost an estimated $270,000 dollars to design and construct. If the value of the parcel of land is included, the total cost of the project is $320,000 dollars. The PCIB city-owne- d oo 0$ Q C0SCD6 the cases would find solid factual and legal bases both for the claims raised and the results produced. The simple fact is that our legal system is application is for a $160,000 grant to match local contributions of $110,000 and the city property worth $50,000 dollars very effective, first in discour- aging the filing of frivolous lawsuits, and then in weeding out those few that may reach The grant has not yet been approved by the PBIC but Mayor Dave Sakrison the Courts. Let us consider the sinister bogeyman of contingent fee feels that approval is very likely and could come as early as this April or May. Local Humane Society members Joe Kingsley, Lenore Beeson and Arlan Lazere all spoke in support of the shelter project and thanked the mayor and Moab City for their continuing support. Council members voted against an application from Wicked Brew to alter their moved-o- n structure permit at 132 South Main. Owner Joplin Rutherford wanted to add a colorful display of four tipis that he would lease and trial place in the vacant area Allen Memorial Hospital is proud have an Eye Surgeon on staff. For an evaluation, please call Canyonlands Medical Center at (435) 259-002- 2. ARCHES REALTY Each office is independently owned and operated. Visit us at our website: www.moabproperties.com around his business. Neighboring businesses had been contacted and indicated their approval for the tipis as a means of attracting attention to their businesses and of and overnight camping in the large vacant dirt area. Wicked Brew owners intended to have cards inside the tipis saying where they were built and sold. Council discussion was centered on whether the tipis constituted another business and felt uncomfortable with the issue. Council approved commit- ting $3,000 dollars from an In other matters, the council approved awarding a five-yecontract to the firm of Larsen and Peterson for audit services. Also approved was an agreement for professional services with Bowen, Collins and Associates to perform work needed to update the FEMA flood hazard maps of Mill Creek. Council voted to extend the citys cable franchise with ar Blinds! Ever try to clean your own blinds? Forget it It can take you forever and they still look dirty. Let us do it for you! We will get them Ultra Sonic Clean so you can relax!! Precis Communications which expires March 28, 2005 until May 28, 2005 while renewal negotiations continue. ruining Americas economy and health care industry with personal injury and medical malpractice suits. An attorney who takes a case on a contingent fee does not get paid unless they win. That, plus the fact that costs in a complex case run in the tens, or even hundreds of thousand dollars, ensure that no competent attorney will ever file a frivolous contingent fee case. But what of incompetents and losers you may wonder? Surely, they could wreak havoc in the system. Again, the answer is a definite no, for two huge reasons. First, incompetent or inexperienced plaintiffs counsel are crushed like bugs by the armies of very well paid defense and their minions. attorneys Second, the legal system does not permit a frivolous lawsuit to prevail. Frivolity, I suppose is akin to pornography in the sense that, while not subject to precise definition, you know it when you see it. Pause now reader, and imagine for yourself what you would consider to be a frivolous lawsuit. Now that you have that image in mind, you also have to picture an attorney dumb enough to file it, knowing that heshe will lose money if they dont win the case. If the lawsuit is frivolous on its face, its first hurdle may be a defense motion to dismiss that goes before the judge before anything else happens. The truly frivolous case dies right there. If the case has a glimmer of potential merit, it will move into the discovery phase which mandates the open and complete exchange of information, records, access to witnesses, sworn depositions and more. Once the facts are fully discovered the defense may file a motion for summary judgment. Such motions are also heard by the court, and a case will be dismissed if it has no factual basis or is contrary to law. A truly frivolous lawsuit ur controlling illegal parking existing grant to put toward expenses for buying and and moving dirt at the proposed BMX on 500 West. Another $8,000 dollars of left over funds from other Community Development grants can be used next year to finish the track and will be included in budget proposals for 2006. Let us help you find your dream in the beauty & magic of Canyon Country. lawyers . LIVE AT Mab, IT 84532 Plnme (435) Fax (435) 220-OS- 1 259-302- 1 fellow citizens who would have to be convinced by the frivolous plaintiff that the factual basis for the claim is true, that the claim has merit under existing law, and that the plaintiff has proved both the fact and amount of injuries and damages heshe seeks. If the frivolous lawsuit is good enough to fool a jury of your peers, it will then have to overcome post-trimotions in the trial court, and will then have to prevail again before a new panel of appellate judges. (Side Note: I fully agree al that where the defendants conduct is particularly egregious or a defendant corpora- tion is wealthier than your average nation, a jury might render a verdict which appears to some as excessive. In these instances, the appellate courts routinely knock the verdict down to a small fraction of what the jury awarded, like in the case of our McDonalds coffee lady. You just dont hear about that reduction from the tort reformers.) Could the frivolous lawsuit you imagined earlier pos sibly have survived this cess? Lets summarize. In order to win a frivolous lawsuit, you first need a plaintiffs attorney dumb enough to file it, which initiates a cascade of events that would have to include incompetent defense counsel, a judge who doesnt know the law, a jury of citizens w ho believe the frivolous plaintiff and an independent appellate court that bestows its blessing on the outcome. Such cases do not and Gas & Diesel - Snacks - Produce - Ice - - - can- not exist in American contingent fee litigation. To suggest . otherwise is frivolous. Steve Russell is a plaintiffs attorney with the Salt Lake firm of Eisenhcrg & Gilchrist and also operates an office in Moab. In future pieces Steve will offer his view on the real reasonsfor " tort reform andfilso offer suggestions for improvement to the system. Swab the Deck, Hoist the Mast, Andrew turned 9 too darned Fast. Happy Birthday I Love Andy, sky-is-falli- - pro- You, Mom. March 22, 2005. Groceries Drinks Cream Hats - Ice usmess MIS G INVENTORY CLEARANCE (UpgatBaiijnQinB fjtyH litayfljT'ffiMitBlEi lv tfiivo i &&gpfgiHD Dont Delay! Anasaci Window Cleaners Louis Williams cannot survive a motion for summary judgment. Assuming beyond sound reason that the case continued, it would eventually come before a jury, a panel of your IHIORT FOgy DE8T OH EAEITH Commercial Residential Frye Estimates 2 8 Windows www.tiondi.comBE A RESPONSIBLE RIDER. ALWAYS WEAR A HELMET, EYE PROTECTION AND PROTECTIVE CLOTHING AND PLEASE RESPECT THE ENVIRONMENT. 8 8 8 8 8 8 8 8 8 Screens OBEY THE LAW AND READ YOUR OWNER'S MANUAL THOROUGHLY. Tracks Trim Hard H20 Roi Store Fronts Awnings Building Spray W, U!tra Sonic Blind Blind Salas & APR financing up to 60 months through American Honda Finance Corporation upon approved credit. Payment example: 60 monthly payments of $20.23 for each $1 ,000 Marc Horwhz, trumpet Johnny "B, sax Ed Stone, drums Dave Steward, guitar Dave Mele, bass 7.9 FIXED financed. Offer good on all new 2005 and prior year ATVs and motorcycles, ATVs, Motorscooters, and PWC's. Check with participating Honda dealers for complete details. Offer ends 33105. Bonus Bucks can only be used for purchases at the dealership and must be redeemed on the date of purchase. Offer has no cash value and is not transferable. Redemption value not to exceed $200. Customers may apply certificate to parts, accessories, riding gear or other purchases and are responsible for ail related salfes tax. Bonus Bucks offer ends May 31, 2005. Check with participating Honda Dealers for complete details. FourTrax, Rincon are trademarks of Honda Motor Co., Ltd. 2003 American Honda Motor Co., Inc. Recommended for riders 16 years of age and older. (0703) |