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(Denver Post) Obvious Family of 3-year-old who died in a freak car accident sues the driver's wife's parents, the dealership, the electric company, other dead victim's families and basically anyone within a mile of the accident   (denverpost.com) divider line 277
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32879 clicks; posted to Main » on 28 Feb 2010 at 7:43 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



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2010-02-28 02:42:03 PM
Just whenever I think I've seen it all, now I see parents hiring attorneys to exploit their 3-year-old son's death for profit.
 
ZAZ [TotalFark]
2010-02-28 02:48:12 PM
They are suing the car dealer for selling him the car and suing his wife's parents for providing him with the car. Perhaps suitably placed electrodes could help reduce these inconsistent theories to one consistent theory.

The government defendants should get out easily enough. Discretionary function immunity and all that.
 
2010-02-28 03:30:53 PM
I am very sorry that their child is dead. I really would like them to die however. In a painful, painful manner.
 
2010-02-28 04:02:29 PM
In addition, the suit names the parent company of Baskin-Robbins because the store's wall facing Havana was made of glass and did not have safety barriers. The owner of the property where the shop sits is also a defendant.

FFS people
 
2010-02-28 04:05:14 PM
Really, parents get too worked up over the death of a child. You can make more, people.

This dude saved the parents years of money and headaches.
 
2010-02-28 04:10:31 PM
Meh just counter sue the parents for allowing their kid to go to the Baskin Robbins, mental anguish for killing a child.

If they hadn't allowed their kid in the store she'd still be alive and we wouldn't have to put up with this.
 
2010-02-28 04:27:05 PM
I want to feel sorry for this family, but they are making it extremely difficult.
 
2010-02-28 04:30:48 PM
Julieahni: I want to feel sorry for this family, but they are making it extremely difficult.

Hell, the kid died doing something he loved. He doesn't have to slowly decay in a nursing home one day.

The family should be happy he went out like he did.
 
2010-02-28 04:47:39 PM
After reading this sad, sad article I've come to the following conclusion:

I could really go for some Baskin-Robbins ice cream right now.
 
2010-02-28 04:50:40 PM
blogs.ocweekly.com

I wonder if this is their lawyer?
 
2010-02-28 04:52:19 PM
FTFA: "the suit names the parent company of Baskin-Robbins because the store's wall facing Havana was made of glass and did not have safety barriers."

What? EVERY store facing a street is basically a wall of glass. The only stores I've ever seen w/safety barriers are electronic stores like Best Buy.

Julieahni: I want to feel sorry for this family, but they are making it extremely difficult.

This. They're even suing the family of the other driver who was killed. "The family of Guntharp, who was high on methamphetamine at the time of the crash is being sued."

/Grammar fail on that sentence, though. I'm sure author meant that just Patricia Guntharp, and not her entire family, was high on meth at the time.
 
2010-02-28 05:10:29 PM
They should also sue God because he started this whole mess.
 
2010-02-28 05:17:23 PM
Just for the record, I have decided to sue Drew Curtis and every registered member of TotalFark for creating and promoting Fark which has had a negative impact on my financial future by providing me a means for avoiding work.
 
2010-02-28 05:28:06 PM
FTFA: "...is being sued as are several law enforcement agencies that arrested or cited Hernandez but did not report him to federal authorities for deportation.

Should the agencies not be excused from the lawsuit? After all, had they turned him in for deportation, then our "Plaintiffs of the Year" couldn't sue the driver, nor could they call the driver to the stand as he would be gone. He will most likely make a very good material witness.

/Hope I don't get sued for offering my opinion on Fark about this
 
2010-02-28 05:33:24 PM
You know... if I had a 3 year old who was killed... I'd sue anyone and everyone who could even be slightly construed as "at fault."

I wouldn't do it for the money. The money wouldn't even have to go to me, it could go to some charity for all I cared.

But if I seriously thought someone was negligent (and this couple is going too far IMO, but that doesn't mean they aren't sincere in thinking the named parties are negligent)... I'd want their lives ruined. I'd want anyone who could be deemed responsible to suffer.

/because I'm vindictive
 
2010-02-28 05:58:22 PM
Talon: You know... if I had a 3 year old who was killed... I'd sue anyone and everyone who could even be slightly construed as "at fault." But if I seriously thought someone was negligent (and this couple is going too far IMO, but that doesn't mean they aren't sincere in thinking the named parties are negligent)... I'd want their lives ruined. I'd want anyone who could be deemed responsible to suffer.

As a parent, I know where you're coming from, but the body count already stands at three (the kid, the meth addict and her passenger's). There's an illegal immigrant found guilty of 19 criminal counts for driving 80 miles per hour into a meth addict's pickup truck.

But just to tally here:
* The car dealership for selling the immigrant the car, on the grounds that the purchaser held "an invalid driver's licence".
* The individual salesman who sold the immigrant the car, on the same grounds.
* The illegal immigrant who just got convicted of 19 counts and is facing more than a century in prison.
* The immigrant wife's parents, "because they may have provided him with the [vehicle]."
* The local energy company, for "failure to reasonably supervise, control and maintain a switch box."
* The State and City due to a widening of the road that occurred five years previously to the accident.
* The parent company of the ice cream shop "because the store's wall facing the street was made of glass and did not have safety barriers."
* The owner of the land on which the shop was built.
* The family of the dead meth addict.
* Any police officers that had arrested or cited the immigrant without ensuring his deportation.

Oh, and FTA:
Attorneys for the [boy's] family declined to comment.

When you have attorneys refusing the opportunity to appear in the newspaper, you know something is seriously farked.
 
2010-02-28 06:07:49 PM
I'm with Talon. Enough to pay for the funeral, probably some therapy, and the legal fees. Perhaps money to cover relocation costs if living in the same place was too difficult. The rest can go to charity or public safety programs, fine.

I, however, for the death of my 3-year-old (and no, I do not [yet] have children), would sue everyone and everything, including a court system which did not rule in a manner I agreed with.

It's one thing to burn your crotch with coffee because you're holding it like a farking moran, but someone's kid died on a trip to get ice cream because a speeding illegal immigrant ran a meth-head into an electrical box at 80mph which was placed less then 7 feet from the kid with nothing but plate glass to protect him. There was a whole lot that could have been done to prevent this, the most reasonable of which regards the actions of the people who caused the accident in the first place.

I hate, I hate, I HATE frivolous lawsuits. In this instance though, I'm glad for every suit. I hope they lose some of them for good reasons (as in the courts reasonably decide in favor of the defendants, not for political reasons, etc) but there rest better be ready to pay up.
 
2010-02-28 06:19:08 PM
Winktologist: but someone's kid died on a trip to get ice cream because a speeding illegal immigrant ran a meth-head into an electrical box at 80mph which was placed less then 7 feet from the kid with nothing but plate glass to protect him.

When put that way, it sounds a little "Final Destination"-ish, doesn't it?
 
2010-02-28 06:19:38 PM
Winktologist:
I hate, I hate, I HATE frivolous lawsuits. In this instance though, I'm glad for every suit. I hope they lose some of them for good reasons (as in the courts reasonably decide in favor of the defendants, not for political reasons, etc) but there rest better be ready to pay up.


Clearly you *don't* hate frivolous lawsuits if you think that these turds are doing it right.
 
2010-02-28 06:23:32 PM
Winktologist: I, however, for the death of my 3-year-old (and no, I do not [yet] have children), would sue everyone and everything, including a court system which did not rule in a manner I agreed with.

And you would be a dick for doing so. I'm sorry, but carpet-bombing lawsuits won't accomplish anything expect to cause a ripple affect of misery that would expand far beyond those directly responsible. You would be doing to other innocent people what the original perp did to you.
 
ZAZ [TotalFark]
2010-02-28 06:35:14 PM
NeverDrunk23

I believe the principles of United States ex rel. Mayo v. Satan and His Staff would preclude a lawsuit against God as well as Satan. (PDF of decision)
 
2010-02-28 06:49:13 PM
superdolfan1: FTFA: "...is being sued as are several law enforcement agencies that arrested or cited Hernandez but did not report him to federal authorities for deportation.

Should the agencies not be excused from the lawsuit? After all, had they turned him in for deportation, then our "Plaintiffs of the Year" couldn't sue the driver, nor could they call the driver to the stand as he would be gone. He will most likely make a very good material witness.


Not to mention, he's actually had a hell of a lot of criminal charges thrown at him and will likely be spending the rest of his life in jail. You'd think knowing that justice was served for what he did would be enough -- not suing

Is there legal code that says a store can't have a solid plate-glass window? That they have to have a "Safety barrier"? I'm thinking of a lot of stores, just walking distance from my house, that are pretty much nothing more than plate glass windows and cars ostensibly could drive through them ... but it is a really rare thing.

I feel bad for them, but their abuse of the legal system is pretty sickening. (The lawyer who convinced them to go hog wild and abuse the legal system, or at the very least, insist the parents sue reasonably or refuse the case should have his credentials examined.)
 
2010-02-28 06:50:00 PM
When you compare these idiots to people like the Hendrickson's of Colorado Springs, whose beautiful daughter was horrifically killed in a gas fire by a total moran driver, they look like nothing more than very small people.

"We just didn't believe in vengeance," her father said, "We believe that one way she can make amends to us is to be a good mother." When it came her turn to speak, McKay turned to the victim's family, clutched her hand to her chest and said, "I'm sorry for your loss" in barely more than a whisper.

"I won't disappoint them," she said.


/yep, small indeed
 
2010-02-28 07:05:40 PM
Kids, just like other people, can and do die. It's no more sad than when an adult dies.
 
2010-02-28 07:21:58 PM
Winktologist: I'm with Talon. Enough to pay for the funeral, probably some therapy, and the legal fees. Perhaps money to cover relocation costs if living in the same place was too difficult. The rest can go to charity or public safety programs, fine.

I, however, for the death of my 3-year-old (and no, I do not [yet] have children), would sue everyone and everything, including a court system which did not rule in a manner I agreed with.

It's one thing to burn your crotch with coffee because you're holding it like a farking moran, but someone's kid died on a trip to get ice cream because a speeding illegal immigrant ran a meth-head into an electrical box at 80mph which was placed less then 7 feet from the kid with nothing but plate glass to protect him. There was a whole lot that could have been done to prevent this, the most reasonable of which regards the actions of the people who caused the accident in the first place.

I hate, I hate, I HATE frivolous lawsuits. In this instance though, I'm glad for every suit. I hope they lose some of them for good reasons (as in the courts reasonably decide in favor of the defendants, not for political reasons, etc) but there rest better be ready to pay up.


I'm torn...

It's nice to have someone say when they agree with me... but when that person then turns around and makes an ass of themselves in the next sentence it's like, "I don't really want you to agree with me."

If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.
 
2010-02-28 07:30:47 PM
bighasbeen: Kids, just like other people, can and do die. It's no more sad than when an adult dies.

Thanks for clearing that up for me, always wondered.

Oh, by the way, you eat poopy plops!
 
2010-02-28 07:33:13 PM
wookalar: bighasbeen: Kids, just like other people, can and do die. It's no more sad than when an adult dies.

Thanks for clearing that up for me, always wondered.

Oh, by the way, you eat poopy plops!


I do on this subject. I'm comfortable with it.
 
2010-02-28 07:49:04 PM
jpallan: Just whenever I think I've seen it all, now I see parents hiring attorneys to exploit their 3-year-old son's death for profit.

Meanwhile, exploiting a child's life for profit perfectly OK.

images.tvrage.com
Teresa Strasser's Exploitingmybaby.com (new window)
 
2010-02-28 07:50:58 PM
ZAZ: suing his wife's parents for providing him with the car. Perhaps suitably placed electrodes could help reduce these inconsistent theories to one consistent theory.

.


Interesting argument that the guy was illegal and the wife's parents should not have allowed him to drive or something like that.
 
2010-02-28 07:51:09 PM
One more reason to seal the borders.

Illegal immigrants should be deported and the bill given to their country of origin - give some incentive to enforce borders on both sides.
 
2010-02-28 07:51:18 PM
Ihopethisnamewillfi: he illegal responsible for the death should be executed in the same manner as the 3 year old died.

you couldn't replicate that accident again if you tried. The headline is quite accurate in describing a "freak" accident.
 
2010-02-28 07:52:22 PM
Mentat: Just for the record, I have decided to sue Drew Curtis and every registered member of TotalFark for creating and promoting Fark which has had a negative impact on my financial future by providing me a means for avoiding work.

And I'm suing your sorry butt for reminding me that if not for Fark, I might be a more full-functioning member of society, have a better job, have avoided stress by not getting into flamewars with people who are unknown and unimportant to me, and would not have such a fat ass from sitting on the couch all day long posting on Fark. YOU are a part of the problem.

And this thread reminds me that I knew a child once that died. Someone must pay.

/Now where's my lawyer?
 
2010-02-28 07:52:26 PM
So basically people like this need REALITY INSURANCE.
 
2010-02-28 07:52:37 PM
jpallan: Talon: You know... if I had a 3 year old who was killed... I'd sue anyone and everyone who could even be slightly construed as "at fault." But if I seriously thought someone was negligent (and this couple is going too far IMO, but that doesn't mean they aren't sincere in thinking the named parties are negligent)... I'd want their lives ruined. I'd want anyone who could be deemed responsible to suffer.

As a parent, I know where you're coming from, but the body count already stands at three (the kid, the meth addict and her passenger's). There's an illegal immigrant found guilty of 19 criminal counts for driving 80 miles per hour into a meth addict's pickup truck.

But just to tally here:
* The car dealership for selling the immigrant the car, on the grounds that the purchaser held "an invalid driver's licence".
* The individual salesman who sold the immigrant the car, on the same grounds.
* The illegal immigrant who just got convicted of 19 counts and is facing more than a century in prison.
* The immigrant wife's parents, "because they may have provided him with the [vehicle]."
* The local energy company, for "failure to reasonably supervise, control and maintain a switch box."
* The State and City due to a widening of the road that occurred five years previously to the accident.
* The parent company of the ice cream shop "because the store's wall facing the street was made of glass and did not have safety barriers."
* The owner of the land on which the shop was built.
* The family of the dead meth addict.
* Any police officers that had arrested or cited the immigrant without ensuring his deportation.

.


He was NOT an "immigrant" he was illegally in this country.
 
2010-02-28 07:53:57 PM
DoBeDoBeDo: Meh just counter sue the parents for allowing their kid to go to the Baskin Robbins, mental anguish for killing a child.

If they hadn't allowed their kid in the store she'd still be alive and we wouldn't have to put up with this.


Wonder if they will also sue the diary farmers and the cows for providing the delicious yummy ice cream that lured him to this pit of death
 
2010-02-28 07:54:43 PM
Ihopethisnamewillfi: The illegal responsible for the death should be executed in the same manner as the 3 year old died.

3/10
Kernel of something good there, but you really need to sell it. Maybe make the guy conceive a child, and then be forced to kill him at the age of three? Kill a random 3-year-old in Mexico? Just the death-penalty for vehicular homicide isn't off-the-wall enough to get better than that 3
 
2010-02-28 07:55:03 PM
Hope they enjoy paying for the lawyers of all of the people they're suing when they lose this. The dealership's attorneys will probably be especially expensive.
 
2010-02-28 07:56:04 PM
While it may sound drastic, the "sue everybody" tactic seems pretty common, it may be because they only get one chance at it. And honestly, if you can't see how the parents of a child lost in the fashion may feel a bit vengeful, you're freaking blind.
Just be glad they didn't invest in munitions and go after anyone even remotely connected to the case, like the meth head's baby setter, etc, etc....
 
2010-02-28 07:56:28 PM
Talon:
If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.


I have to admit, I used to be one of the people who thought the McDonald's coffee case was a farce. Then, a few years back, I found out the actual details of the case and realized the case actually had a ton of merit, and I'm glad McDonalds lost.
 
2010-02-28 07:56:49 PM
jpallan: * The car dealership for selling the immigrant the car, on the grounds that the purchaser held "an invalid driver's licence".
* The individual salesman who sold the immigrant the car, on the same grounds.


I'm not going to comment on the others, but as for these, so far as I know, it's not illegal to sell a car to a person without a valid drivers license.

I've heard plenty of stories of teenagers buying cars before the could drive.

It's only illegal to drive a car without a valid license.
 
2010-02-28 07:57:00 PM
Talon: If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.


I've read all the facts in that case. There is one important fact that usually gets left out: The plaintiff in that case spilled the coffee in her own lap. Anybody with two brain cells knows that coffee is hot, and you have to be very careful with it.

That lawsuit was frivolous.
 
2010-02-28 07:57:25 PM
They should sue Baskin Robbins for having such delicious ice cream that tempted them to go and buy some. They should sue God for his divine plan. They should sue the car manufacturers who made the car and pickup that were involved in the accidents. They should sue the company that made the glass on the storefront. They should sue themselves for taking their precious snowflake out into the world where accidents can happen.
 
2010-02-28 07:57:53 PM
Shouldn't they have sued the freak whose accident it was?
 
2010-02-28 07:58:39 PM
"being sued are several law enforcement agencies that arrested or cited Hernandez but did not report him to federal authorities for deportation."

This part I agree with. My car was struck by an illegal alien with no insurance. He was cited, went to court and paid the fine and is out driving again while my insurance had to pay for the repair work on my vehicle. Why this illegal alien is still in this country I do not understand. He should have been taken away at the scene and never left the system until he was escorted out of the country.
 
2010-02-28 07:59:40 PM
Talon: Winktologist: I'm with Talon. Enough to pay for the funeral, probably some therapy, and the legal fees. Perhaps money to cover relocation costs if living in the same place was too difficult. The rest can go to charity or public safety programs, fine.

I, however, for the death of my 3-year-old (and no, I do not [yet] have children), would sue everyone and everything, including a court system which did not rule in a manner I agreed with.

It's one thing to burn your crotch with coffee because you're holding it like a farking moran, but someone's kid died on a trip to get ice cream because a speeding illegal immigrant ran a meth-head into an electrical box at 80mph which was placed less then 7 feet from the kid with nothing but plate glass to protect him. There was a whole lot that could have been done to prevent this, the most reasonable of which regards the actions of the people who caused the accident in the first place.

I hate, I hate, I HATE frivolous lawsuits. In this instance though, I'm glad for every suit. I hope they lose some of them for good reasons (as in the courts reasonably decide in favor of the defendants, not for political reasons, etc) but there rest better be ready to pay up.

I'm torn...

It's nice to have someone say when they agree with me... but when that person then turns around and makes an ass of themselves in the next sentence it's like, "I don't really want you to agree with me."

If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.


I have to agree with you here. I was like most when hearing the verdict against McDonalds. Once I learned that facts I think they got off easy.
As far as this case, I can't imagine what the parents are going through. However it seems as if they are suing everyone because their lawyer reminded them of the first rule of lawsuits: "Don't ever sue poor people". The driver probably doesn't have any money, so who does? Basking Robbins...Check, Mall Owner...Check...State and City ...Check, Police Department ... Check. Throw enough shait against the wall and something is bound to stick. There is enough FAIL in this story to sink a dozen FAIL Boats.
 
2010-02-28 08:01:03 PM
Talon: You know... if I had a 3 year old who was killed... I'd sue anyone and everyone who could even be slightly construed as "at fault."

I wouldn't do it for the money. The money wouldn't even have to go to me, it could go to some charity for all I cared.

But if I seriously thought someone was negligent (and this couple is going too far IMO, but that doesn't mean they aren't sincere in thinking the named parties are negligent)... I'd want their lives ruined. I'd want anyone who could be deemed responsible to suffer.

/because I'm vindictive


This. These people very well could be making a bid to profit off their child's death. Or they could have decided that they are sick of other people's shiat and they are going to lash out at anything remotely involved in the accident because someone they loved very much was killed horrifically. I'd do the same thing if someone I loved died in this manner. I think, personally, they are going overboard with alot of those suits but there are other valid points, including the street setback (7 feet, wtf?) and the relatives of the guy knowing he was in the country illegally. I'd go after the relatives just to purely punish them.
 
2010-02-28 08:01:28 PM
Talon:

If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.


Oh, I've heard all the arguments about the McD coffee case, and I still think that it's the definition of frivolous. As is this case.
 
2010-02-28 08:01:30 PM
SchlingFocker: Julieahni: I want to feel sorry for this family, but they are making it extremely difficult.

Hell, the kid died doing something he loved. He doesn't have to slowly decay in a nursing home one day.

The family should be happy he went out like he did.


He's with Jesus now, and Jesus has an air hockey table.
 
2010-02-28 08:03:10 PM
AntiNorm: Talon: If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.

I've read all the facts in that case. There is one important fact that usually gets left out: The plaintiff in that case spilled the coffee in her own lap. Anybody with two brain cells knows that coffee is hot, and you have to be very careful with it.

That lawsuit was frivolous.


AntiNorm is a damned idiot who needs to pull his head out of his ass.
 
2010-02-28 08:03:42 PM
AntiNorm: Talon: If you seriously think the McD's coffee case is "frivolous" then you really don't know much of anything about the case.

The McD's coffee case is/was more meritorious than this family and their 3 y.o.

I've read all the facts in that case. There is one important fact that usually gets left out: The plaintiff in that case spilled the coffee in her own lap. Anybody with two brain cells knows that coffee is hot, and you have to be very careful with it.

That lawsuit was frivolous.


Yes. Coffee is hot. But it shouldn't be hot enough to cause 3rd degree burns... in the case, it was revealed that McDonalds deliberately heated coffee to temperatures they knew would cause severe burns in order to gain a competitive advantage. Internal memos showed McDonalds decided to pay out the occassional injury settlement rather than decrease the coffee's temperature to safe levels. That's a disgusting practice, and thus McDonald's was punished accordingly. Also, the woman who filed the suit was found to be partially at fault for spilling the coffee, thus reducing the damages McD's had to pay.
 
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