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Boris Godunov
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Portland, OR
Aug 2001
time: 00:30
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http://story.news.yahoo.com/news?tm...ligence_trial_2
quote:
AAA on Trial in Slaying of Motorist
By DENISE LAVOIE, Associated Press Writer
BOSTON - In the summer of 1999, AAA got a call about a young woman whose car had broken down in a parking lot on Cape Cod. The auto club told the woman's stepfather it would send help.
Melissa Gosule never made it home that night.
Her body was found in a shallow grave eight days later. She had been raped and stabbed to death.
Gosule's family sued AAA for unspecified damages, claiming that if the auto club had done its job that night, she would be alive today. Jury selection began Monday in state court in the negligence and wrongful-death case.
The case is being watched closely because it is the first time AAA has been sued in the death of a motorist who was killed after seeking assistance from the auto club, legal experts said.
Every year, the American Automobile Association, with a dues-paying membership of more than 46 million in the United States and Canada, gets about 30 million calls from motorists who need help with dead batteries, flat tires and other roadside problems.
In their lawsuit, Gosule's parents, Leslie Gosule and Sandra Glaser, and her stepfather, Peter Glaser, claim AAA left Gosule stranded and forced to turn to a stranger for help. That stranger, Michael Gentile, killed her.
"AAA is not who they say they are," Leslie Gosule said recently in a statement. "Had AAA done what they tell the world they do and what they said they were going to do — provide reliable and reasonable emergency roadside assistance that night — Melissa would still be with us."
Gosule's parents note that AAA, in its marketing materials, touts the peace of mind it provides to motorists in trouble. "One call to AAA and your worries are over," reads one brochure. AAA also refers to itself as "family" and warns against depending on strangers: "In today's world, relying on strangers has become a scary (and sometimes dangerous) thing to do."
The lawsuit names national AAA; its local affiliate, AAA Southern New England; and the tow truck driver.
AAA disputes the family's claims that it did not offer Gosule help, and says it should not be held responsible for her death. Gentile, a newspaper delivery man with a long criminal record, was convicted of her murder and is now serving a life sentence.
On July 11, 1999, Gosule, a 27-year-old elementary school teacher, had returned at 5:30 p.m. from a bike ride at a park in Bourne to find that her 1986 Pontiac would not start.
It was about that time that she met Gentile, according to testimony during Gentile's trial in 2000.
Gosule used Gentile's cell phone to call her mother and stepfather, who told her he would call AAA for help. Gosule was not a member of AAA, but her stepfather was, and it is routine for the auto club to help out relatives of AAA members.
In their lawsuit, Gosule's family says her stepfather immediately called the AAA's 24-hour emergency roadside assistance number and asked that the car and Gosule be taken to a garage in Boston. John Cubellis, a tow truck driver whose company is an agent for AAA, arrived at the parking lot about 90 minutes later.
According to both sides, Cubellis told Gosule he was busy and it would be three to four hours before he could take her or her car to Boston, about 60 miles away. The Gosule family says Cubellis did not try to start the young woman's car, make sure she was taken to a safe location or call another AAA driver to help.
Gosule then accepted a ride from Gentile.
In court papers, AAA says Cubellis had no reason to believe Gosule was in danger. She was in a busy parking lot at the Sagamore Rotary with restaurants, a gas station and a fire station nearby. When he pulled into the parking lot, he saw Gosule talking and sharing a cell phone with two men — Gentile and a mechanic friend Gentile had called to look at the woman's car.
AAA says Gosule could have taken a taxi or had a family member come pick her up.
In a statement, a spokesman for AAA Southern New England called Gosule's death a "terrible tragedy."
"Our hearts go out to Melissa Gosule's family and friends," said Robert Murray. "In our history, we have never seen a case like this. We believe the auto club will be properly and completely exonerated."
Paul Martinek, editor in chief of Lawyers Weekly USA, a national legal newspaper, said the lawsuit was initially considered a long shot, but some of the claims could resonate with a jury.
"Proving that this was a foreseeable danger is a huge challenge — that AAA could have foreseen that a motorist would have accepted a ride from a total stranger and then be killed by that total stranger," Martinek said.
"But when you read these things about how AAA holds itself out as a protector of motorists and basically tries to get business by representing itself as a service that motorists need in part because it can be dangerous when your car breaks down, you start to see the lawsuit in a different light." |
It's a horrible thing to have happen, but I can't see how AAA is legally responsible in this matter. First, she wasn't even a AAA member. While AAA may extend services to relatives, they are under no legal obligation to do so, so they went well beyond any responsibility they had. Second, AAA in no way forced her to hitch a ride with a stranger. She was an adult who got into a car with a stranger of her own volition. She could have taken any number of alternatives, but she made the bad choice to accept the ride.
The language used by the family smacks of canned rhetoric used to attack any organization when a large cash amount is desired. 
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yavoon
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spurious lawsuit? no such thing!
its not their fault for sueing. its the systems fault for letting them win.
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st_swithin
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10069
Nov 2002
time: 05:30
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I refer to the McDonald's/too-hot coffee case, which won national attention as well as around $150,000 (of course, the plaintiff received about $50K after the lawyers' and court fees).
I also would like to remember OJ Simpson, who gave soap opera stars a year-long respite, much to the chagrin of the production staff.
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yavoon
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quote:
Originally posted by st_swithin
I refer to the McDonald's/too-hot coffee case, which won national attention as well as around $150,000 (of course, the plaintiff received about $50K after the lawyers' and court fees).
I also would like to remember OJ Simpson, who gave soap opera stars a year-long respite, much to the chagrin of the production staff. |
yah they shouldn't have won. still not their fault. the system is suppose to decide the merit. thats why they have trials.
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st_swithin
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10069
Nov 2002
time: 05:30
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Trials are a FARCE. A judge, a couple of guys arguing for people who refuse to argue for themselves, and 12 hand-picked "peers" who've never met ANY of these people and have absolutely NO interest in the case (as far as can be ascertained) whatsoever.
Sounds more like a shotgun wedding than a fair day in court.
My peers are the people who know me and what I do and who I am (like most of you guys here on 'poly).
When did the legal system pervert the definition of "peers" to "people who have absolutely no idea what's going on"?
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yavoon
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quote:
Originally posted by st_swithin
Trials are a FARCE. A judge, a couple of guys arguing for people who refuse to argue for themselves, and 12 hand-picked "peers" who've never met ANY of these people and have absolutely NO interest in the case (as far as can be ascertained) whatsoever.
Sounds more like a shotgun wedding than a fair day in court.
My peers are the people who know me and what I do and who I am (like most of you guys here on 'poly).
When did the legal system pervert the definition of "peers" to "people who have absolutely no idea what's going on"? |
=D
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molly bloom
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Lundenwic
Oct 2001
time: 15:30
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quote:
Originally posted by st_swithin
I refer to the McDonald's/too-hot coffee case, which won national attention as well as around $150,000 (of course, the plaintiff received about $50K after the lawyers' and court fees).
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Oh, yes, isn't one's lap where everybody stores hot liquids in opened containers, especially before driving?
I frequently use mine as a reservoir for molten ore, and as a rest home for indigent taipans.
What's next? Ted Bundy's victim's sue his parents for poor parenting skills? John Gacy's sue Rosalyn Carter for not recognising a mass murderer?
**** the Butcher's advice seems more sensible every day-
The Second Part of King Henry the Sixth, Act IV Scene 2.
JACK CADE, is a rebel, and **** THE BUTCHER, is a follower of Cade -
CADE. 'Be brave, then, for your captain is brave, and vows reformation. There shall be in England seven halfpenny loaves sold for a penny; the three-hoop'd pot shall have ten hoops; and I will make it felony to drink small beer. All the realm shall be in common, and in Cheapside shall my palfrey go to grass. And when I am king- as king I will be'
ALL. 'God save your Majesty!'
CADE. 'I thank you, good people- there shall be no money; all shall eat and drink on my score, and I will apparel them all in one livery, that they may agree like brothers and worship me their lord.'
****. 'The first thing we do, let's kill all the lawyers.'
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mindseye
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A Yankee living in Shanghai
Apr 1999
time: 13:30
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quote:
Originally posted by st_swithin
I refer to the McDonald's/too-hot coffee case |
quote:
First, I have never, ever seen anybody place a hot drink of any kind between the legs, or heard of anyone doing so apart from this case (which generated many a comment from coffee drinkers). |
While there are legions of ridiculous awards one could cite, the McDonalds coffee case actually had merit. Most of the hype around the case is WRONG.
Consider:
* Internal documents showed that between 1982 and 1992, McDonalds received more than 700 claims of injuries resulting from coffee that was served too hot, some of these involving third-degree burns, some involving injured children. Previous claims had resulted in six-figure settlements (the highest was $500,000).
* McDonalds served its coffee at a temperature of 180 - 190F (most restaurants serve it at a much safer 135-140F). Coffee at 180-190F will scald the mouth and throat if swallowed.
* McDonald's own internal research showed that some customers drank their coffee immediately, while driving.
* McDonalds had previously ignored a request from the Shriner's Burn Institute of Cincinnati to serve their coffee at a safer temperature.
* The car was not in motion when the accident happened, and the victim (79-year-old Stella Liebeck) was not driving. The cup was not between her legs.
* What really happened: Her son was behind the wheel, and had stopped the car to allow her to add creamer and sugar to the coffee. She was holding the cup between her knees. When she removed the lid off the coffee, she accidentally spilled the entire cup.
* The coffee was so hot that she instantly suffered third-degree burns over 6% of her body (including her groin, genitalia, inner thighs and buttocks). Skin grafting resulted in scarring over 16% of her body.
* Mrs. Liebeck approached McDonalds asking for $11,000. McDonalds refused, and instead offered her $800. Liebeck (who had never before filed a claim against anyone) then hired a lawyer and asked McDonalds for $20,000 to cover her medical bills.
* A court-appointed mediator suggested a settlement of $225,000. McDonalds again refused, so the case went to trial.
* In court, McDonalds representatives initially lied about the 700 previous burn claims.
* The jury awarded Liebeck damages of $200,000 less $40,000 because they deemed her to be 20% at fault.
* Because it found McDonalds guilty of "willful, reckless, malicious or wanton conduct", the jury also awarded punitive damages of $2.7 million, an amount based on two days of McDonalds coffee sales. This award was subsequently reduced to $480,000. (Imran corrrectly noted this oft-overlooked fact)
* The final award is not known because the parties entered into a secret settlement.
sources:
http://www.lectlaw.com/files/cur78.htm
http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm
Last edited by mindseye on 09-09-2003 at 15:02
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SpencerH
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Co-Ruler of my patch of land south of Birmingham Alabama
Feb 2002
time: 23:30
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quote:
Originally posted by Straybow
First, I have never, ever seen anybody place a hot drink of any kind between the legs, or heard of anyone doing so apart from this case (which generated many a comment from coffee drinkers). |
Lots of coffee drinkers used to do so (at least once in a while) in the days before cupholders.
quote:
 I can think of many outrageous consumer product verdicts, two off the toppa me head: the silicone breast implant case (bad science), and the Pacific Gas & Electric case on which the film Erin Brockovich is based (really bad science, see the exposé from Wall Street Journal). |
I took a quick look at the Fumento piece and as a scientist, my first thoughts were, something stinks. I wonder who funded Mr Fumento? Just because there is no specific evidence in the literature does not mean that there are no indications, or that there is no likelyhood of something having an effect. Fumento's 'logic' is what kept the tobacco industry penalty-free for so many years. All heavy metals are toxic and carcinogenic, it's just a matter of how many ppm. PG&E were negligent, in my opinion criminally so.
The next big cases will come against the vaccine makers who have included mercury in with their products. Is there anyone who doesnt know what general effects mercury has (despite there being little specific data) ?
quote:
 Product liability and pollution cases are argued by lawyers ignorant of science before judges ignorant of science to juries even more ignorant of both law and science. I am a firm believer in tort reform and codification. |
The last thing we need is for these decisions to be made by 'experts'.
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Boris Godunov
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Portland, OR
Aug 2001
time: 00:30
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quote:
Originally posted by Dissident
I do think AAA can and should be sued.
That's a horrible thing to have happen. These people are paying for this service after all. |
Of course it's a horrible thing...but AAA isn't at fault.
The victim wasn't paying for the service, that's part of the problem. Her stepfather was covered by AAA, not her. AAA often will assist family of members, but they are under no legal obligation to do so.
Regardless, AAA sent a truck. They did more than they were obliged to do. Could the truck driver have done more? Maybe, but regardless...the woman got into a car with a stranger of her own volition. It was a stupid, reckless thing to do. Her death is one person's fault alone, and that is her murderer. Neither AAA nor the truck driver told her to get into a car with a stranger. She could have done any number of things, like take the car to a closer mechanic, or just wait for the truck driver. But she decided, as an adult, to do something unwise. It's awful, but I don't see how AAA should be held responsible for her bad choice.
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iamlod
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Ooh, the AAA as in the automobile company. I thought you meant the Alien Adoption Agency when I first looked at the title... Someone should sue them too.
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st_swithin
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10069
Nov 2002
time: 05:30
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I'd sue WWF (the World Wildlife Foundation) for ruining white-trash entertainment for many, many people.
Or else I'd sue the WWE for making the actors into a bunch of pvssies. Or something.
Has anyone ever sued Time magazine? I'm sure they're due for a good lawsuit or twenty.
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mrmitchell
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quote:
Can you name another outrageous verdict of the top of your head? Thought not ... |
IIRC, a woman was awarded $750,000 for tripping over something in a furniture store. Guess what it was? Her own son that she'd left running around.
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mrmitchell
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And a robber got himself locked in his victim's garage for 7 days while the victim was out on vacation. He managed to live drinking a case of Pepsi that had been left in the garage, and sued the man for emotional damages. He got away with far more than he would've robbing the place.
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09-09-2003 05:35
Anybody who would do so is an imbecile who should learn the lesson the hard way. I have compassion only in regards to the degree of suffering (assuming that was not overstated for the case).
Imran, the original verdict was $1.8 million, IIRC. The $150k figure is the appeal reduction. Unless it went through a second round of appeals by the plaintiff that backfired… that would be poignant.
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