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The Emperor Fabulous
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Apolyton's Resident Actor-in-Training
Aug 1999 time: 00:32
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quote: STAMFORD, Connecticut (AP) -- A 2-year-old model and actor who cut his head at a playground is seeking unspecified lost wages and other compensation from the city.
Konrad Mader of Greenwich was running toward a treehouse at a playground November 4 when he crashed into a railing, according to a claim filed last week by his mother and reported Friday by The Advocate of Stamford. The blond toddler received several stitches.
Deena Mader, the boy's mother, did not specify how much she is seeking on behalf of her son.
In a letter to officials, she demanded compensation for medical bills, pain and suffering and a "lost wage amount due to his inability to audition or take modeling or commercial jobs while his head heals."
Mader blamed the boy's injury on a green railing, which she said blends in with the landscaping. Mader said the railing should be painted a brighter color.
"This accident was preventable had the railings and safety measures been correct at this park, " Mader wrote in her claim.
Tom Cassone, the city's director of legal affairs, said his office is investigating the claim.
Joe Falzone, a facilities manager in charge of maintaining city parks, said he is not aware of defects in the playground and there are no plans to make changes.
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WHAT THE **** IS THIS **** ?! It's a ****ing kid, kids get ****ing hurt, it happens. Because you've exploited your child does not entitle you to money, especially when its your responsibility to watch the kid and make sure he doesn't ****ing ram his head into a ****ing railing!
Thoughts?
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Zkribbler
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Los Angeles, CA, USA
Feb 1999 time: 21:32
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Oh God, here we go again.
First, in this country, you can file suit against anybody for anything. You could trot down to your county courthouse Monday and sue me because the sky is blue. --That doesn't mean you're going to win!! There is no way to judge the merit--or the lack of merit--of any suit before it is filed. All suits get filed, even the frivolous ones. The remedy for frivolous suits is not to bar all lawsuits but rather to award sanctions in the first action, and to award damages in the malicious prosecution action which is soon to follow. 
Second, if anyone had bothered to carefully read the above article, you would have seen that no suit has been filed. The mother sent a letter to officials claiming damages. Ooooh a letter!
Third, if mom ever does file suit, the kid might get pain & suffering and medical bills--if the city's proved negligent--but there won't be any lost wages awarded. Those are what is known as speculative damages and can't be awarded. For lost wages, a plaintiff needs proof of an actual contract or at least of a past history of actual earnings, that is, something to base a finding on.
So. The American Justice System is just fine. All you doomsayers can relax, take a pill, and go about your business. Happy Holidays. 
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Kuciwalker
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of Schmooism
Feb 2001 time: 00:32
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quote: Originally posted by Zkribbler
Oh God, here we go again.
First, in this country, you can file suit against anybody for anything. You could trot down to your county courthouse Monday and sue me because the sky is blue. --That doesn't mean you're going to win!! There is no way to judge the merit--or the lack of merit--of any suit before it is filed. All suits get filed, even the frivolous ones. The remedy for frivolous suits is not to bar all lawsuits but rather to award sanctions in the first action, and to award damages in the malicious prosecution action which is soon to follow. 
Second, if anyone had bothered to carefully read the above article, you would have seen that no suit has been filed. The mother sent a letter to officials claiming damages. Ooooh a letter!
Third, if mom ever does file suit, the kid might get pain & suffering and medical bills--if the city's proved negligent--but there won't be any lost wages awarded. Those are what is known as speculative damages and can't be awarded. For lost wages, a plaintiff needs proof of an actual contract or at least of a past history of actual earnings, that is, something to base a finding on.
So. The American Justice System is just fine. All you doomsayers can relax, take a pill, and go about your business. Happy Holidays. |
Yeah, it's the PEOPLE who are the problem.
With the War on Terror and the War on Drugs and the War on Violence in Video Games we need the War on People 
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Dr Strangelove
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I wonder if the kid has ever worked as a model, or if his Mom has just been trying to get him into it. I wonder if he actually had prospective jobs at the time. If this occured recently then the Christmas catalog season is probably over, so modeling opportunities would be scarce right now.
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yavoon
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pretty small chance of victory.
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