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(Courthouse News Service)   And, it begins   (courthousenews.com) divider line 115
    More: Followup, FedEx  
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20402 clicks; posted to Main » on 25 Apr 2014 at 7:40 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-04-25 12:29:33 AM  
Only 14 days from crash to lawsuit, may not be a world record but still pretty fast.
 
2014-04-25 12:36:23 AM  
The mother is represented by King Aminpour of San Diego.

www.tf2chan.net
 
2014-04-25 12:37:05 AM  
100 million, wow
 
2014-04-25 12:39:24 AM  
Wow. She's suing everybody. Including Jose Bonilla, whoever the hell that is.

Please tell me she didn't throw her daughter's father under the bus into the mix.
 
2014-04-25 12:49:02 AM  
Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?
 
2014-04-25 07:32:41 AM  

strangeluck: Only 14 days from crash to lawsuit, may not be a world record but still pretty fast.


My guess is the attorney that filed the suit wanted to get it filed before the client had second thoughts about the attorney she hired.
 
2014-04-25 07:34:51 AM  

Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?


Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.
 
2014-04-25 07:43:14 AM  

vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.


For $100,000,000?
 
2014-04-25 07:46:08 AM  
So it's FedEx'a fault for not maintaining the truck, I get that.

But suing the truck driver's estate? By the logic of the company being at fault wouldnt that make him a victim of their negligence too?
 
2014-04-25 07:47:32 AM  
Does anyone even know anything about the investigation yet? Who was at fault? She might as well sue California and the bus company too while she's at it.
 
2014-04-25 07:48:03 AM  

strangeluck: Only 14 days from crash to lawsuit, may not be a world record but still pretty fast.


It does legally prevent Fedex from discarding or destroying anything that might be discoverable.
 
2014-04-25 07:48:15 AM  
why is she suing her kid's father?
 
2014-04-25 07:49:53 AM  

Errk: Does anyone even know anything about the investigation yet? Who was at fault? She might as well sue California and the bus company too while she's at it.


she is suing the bus company, its a listed defendant.
 
2014-04-25 07:50:26 AM  

Errk: Does anyone even know anything about the investigation yet? Who was at fault? She might as well sue California and the bus company too while she's at it.


"Rivera claims that if defendant bus operator Silverado Stages had included more emergency exit doors on the bus, passengers could have escaped.
Named as defendants are FedEx Corp., FedEx Freight, the Estate of Timothy Evans, Silverado Stages and Jose Bonilla."
 
2014-04-25 07:53:17 AM  

Semantic Warrior: vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.

For $100,000,000?


The point is to inspire a settlement of $10 million or so. Easier to settle for 10% of $100 million than 100% of $10 million.
 
2014-04-25 07:55:43 AM  

Semantic Warrior: vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.

For $100,000,000?


(Not a lawyer so take that in consideration)

I thought the law limited payouts to what someone asked for as a maximum. If you sue for 30, you won't get 50. Therefore, sue for 100 and take 35.
 
2014-04-25 07:57:50 AM  
Take it to trial - maybe you'll get someone like me who always acquits/not guilty/no way.

We do not have a functioning justice in this country and I will not play along.
 
2014-04-25 07:58:44 AM  

DeusFlac: why is she suing her kid's father?


Maybe he's the one who allowed the girl to go on a field trip, or maybe just because he dumped her and she wants to make his life miserable.
 
2014-04-25 08:00:29 AM  

WhoopAssWayne: Take it to trial - maybe you'll get someone like me who always acquits/not guilty/no way.

We do not have a functioning justice in this country and I will not play along.


Civil claim.  You can't hold the jury hostage.  Also, deciding ahead of time which way you will decide is not furthering the cause of "a functioning justice."
 
2014-04-25 08:01:28 AM  
FTFA: "FedEx has "a history of their trucks catching fire, either due to mechanical problems, driver error, or due to improper loading of cargo "

OK, I can understand a fire hazard from a mechanical issue, I can understand a fire from a collision (The only driver error I can think of, outside of driving with the parking brake engaged, either of which can happen on any vehicle belonging to anybody), but loading cargo improperly?

WTF?
 
2014-04-25 08:01:37 AM  
The Flaming Fed Ex Truck from hell legal argument. $100 mil fer sure.
 
2014-04-25 08:03:16 AM  
You took the wrong one, God. You dun DIAF goofed.
 
2014-04-25 08:04:01 AM  
If there is negligence, the lady should have every right to sue

Business Socialist Wet Dream is to eliminate being liable
 
2014-04-25 08:06:57 AM  
I understand suing, but damn...her daughter hasn't even been buried two weeks.
 
2014-04-25 08:08:41 AM  
I say give her the money. She earned it. The hard way.
 
2014-04-25 08:09:52 AM  

Three Crooked Squirrels: Civil claim.  You can't hold the jury hostage.  Also, deciding ahead of time which way you will decide is not furthering the cause of "a functioning justice."


1) How much money did the state spend versus the defendant?
2) Was any evidence from straight-up corrupt crime labs? How much was spent?
3) Was the jury allowed to ask questions?
4) Was the jury allowed to appoint a special prosecutor to investigate?
5) Was the jury allowed to fine, disbar, imprison corrupt court officials including judges, prosecutors, or police.

No individual citizen in the United States can get a fair trail. We must use our power as jurors to acquit every last person unless it is just overwhelming and unquestionable guilt. Just acquit.

Also - plea bargains are not valid- they have zero basis in the law - every one must be approved by a jury.
 
2014-04-25 08:10:00 AM  
lh6.googleusercontent.com

Also, there clearly should have been a barrier in the median. The DOT should have been named as a defendant.
 
2014-04-25 08:10:00 AM  

vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.


I don't really think suing for traffic accidents of the massive, improbable mechanical malfunction variety is really normal.  I'm looking over google and I'm not seeing any corroboration of the claim that FedEx suffers fires any more than any other company that ships flammables (i.e. all of them, because cardboard).  There is literally only one other FedEx fire story in the news feeds and it's from like 2004.  Nor is there any indication anywhere that they're any worse-maintained than any other commercial vehicles on the road.

So... no, not really.  You usually sue when there's an actual party at fault somewhere.  Her list is pretty much randomly demanding money from arbitrarily chose parties on the grounds that she's sad.  Yeah, I sympathize emotionally to a point, but she can just fark off on this one.
 
2014-04-25 08:11:04 AM  

Semantic Warrior: vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.

For $100,000,000?


How else do you punish a monolithic for-profit corporation when they fark up? Publicly castrating and hanging their CEO would fall afoul of "cruel and unusual".
 
2014-04-25 08:13:34 AM  

Semantic Warrior: vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.

For $100,000,000?


Start high, negotiate to a realistic amount.
 
2014-04-25 08:15:30 AM  
FedEx has "a history of their trucks catching fire..."


I doubt that is true.
 
2014-04-25 08:18:23 AM  
Kids on the bus should have been wearing fire proof suits and crash helmets.
 
2014-04-25 08:18:39 AM  
"It is our full intent and desire to ... obtain justice a big fat pay out for the families for me and my firm. that have been affected by this horrific tragedy," Aminpour told the Times. "We hope to be able to cash in big time, and retire.provide answers to the families, and we hope to hold sue Federal Express, and anyone else we can think of accountable ... to prevent something like this from ever happening again grub up all the quick cash we can while the jury is still full of sympathy.."


/Few things here, how did the mom KNOW that the truck was on fire before it hit the bus? Was she there? If i remember right, witnesses said that the truck had swerved to avoid a motorist who he was about to hit due to the motorists bad driving. The witness said nothing about the truck already being on fire. And lets get down to brass tacks here, its not about making fed ex pay, its about cashing in when you can. Sure, it's horrible that so many died, But from the evidence i have seen on the news, it just looked like a horrible accident. So you're going to sue fed ex, the estate of the dead driver (taking all his shiat and putting his wife and kid on the street if he had one) and anyone else you can think of. Classy. Good luck proving that fed ex was responsible for a random accident.
 
2014-04-25 08:18:50 AM  

WhoopAssWayne: Take it to trial - maybe you'll get someone like me who always acquits/not guilty/no way.

We do not have a functioning justice in this country and I will not play along.


so a child dies a painful burning death because a multi billion dollar corporation doesn't maintain it's vehicles properly and giving her nothing is your idea of justice?
 
2014-04-25 08:20:38 AM  

Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?


The guy was working for a corporation. That means there was no crime. Or even any errors. Kid shouldn't have been in the truck's way.
 
2014-04-25 08:21:49 AM  

MemeSlave: FedEx has "a history of their trucks catching fire..."


FedEx just s*cks balls. Every Christmas, they are supposed to deliver here. "Weather delays" - outside road is dryer than sand. The UPS guy - this guy has walked up my road - several hundred feet - in a raging snowstorm to deliver a package. Fu*k FedEX..
 
2014-04-25 08:23:00 AM  
Was the crash caused because the Fed Ex driver was reading the oil change sticker?  Come on Fed Ex.
 
2014-04-25 08:25:54 AM  

Hobodeluxe: WhoopAssWayne: Take it to trial - maybe you'll get someone like me who always acquits/not guilty/no way.

We do not have a functioning justice in this country and I will not play along.

so a child dies a painful burning death because a multi billion dollar corporation doesn't maintain it's vehicles properly and giving her nothing is your idea of justice?


/That is her claim....that doesn't mean its true. She would have to prove that Fed Ex is consistently negligent in the maintenance of its fleet, thus causing many fires.  That, without internal documents from fed ex, or ANY type of proof that they through inaction caused this fire, will be very hard to prove.  Sounds more to me like just a made up story to cash in.  I had not heard that the truck was on fire when it hit the bus.  I think someone is just hoping for a fat "go away and stfu" settlement.
 
2014-04-25 08:26:06 AM  

LesserEvil: FTFA: "FedEx has "a history of their trucks catching fire, either due to mechanical problems, driver error, or due to improper loading of cargo "

OK, I can understand a fire hazard from a mechanical issue, I can understand a fire from a collision (The only driver error I can think of, outside of driving with the parking brake engaged, either of which can happen on any vehicle belonging to anybody), but loading cargo improperly?

WTF?


Maybe weight shifting/uneven or over weight?

Not enough info available yet to tell.
 
2014-04-25 08:26:18 AM  
Wow, i didnt know the truck was already on fire. If thats something that happens with certain FedEx vehicles.. then yeah, thats a good lawsuit, or maybe the highest ranking FedEx guy who knew about the problem should be put in jail?

Is she suing the dad so she gets any money he might win in a separate lawsuit? Shrewd.
 
2014-04-25 08:26:25 AM  

Hobodeluxe: so a child dies a painful burning death because a multi billion dollar corporation doesn't maintain it's vehicles properly and giving her nothing is your idea of justice?


Sure bro. I was talking about criminal suits. I've been on criminal trials / juries.
 
2014-04-25 08:28:16 AM  

onyxruby: Semantic Warrior: vartian: Cyberluddite: Wow, she's suing just because someone farked up and caused her teenage daughter to literally DIAF. What frivolous litigation, huh?

Yeah, this is the kind of thing you absolutely sue for. It was going to happen, regardless of the timing.

For $100,000,000?

The point is to inspire a settlement of $10 million or so. Easier to settle for 10% of $100 million than 100% of $10 million.


Partly, but it's a little more complicated than just that.  It looks like they're going for what's known as "joint and several liability."  Basically, that means that if a jury finds FedEx 50% responsible, the driver 30% responsible, and the bus' lack of emergency exits 20% responsible, FedEx would pay 50% of whatever the payout is, the driver would pay 30%, etc.  That's why she'shiatting so many defendants with the same suit.  It's fairly common in cases like this where someone is unquestionably entitled to damages, but it's not clear from whom.

The amount is, of course, a little nuts, but there's no chance of actually getting it.  Suits typically limit damages to compensation for the harm suffered.  In wrongful death cases, that's typically determined by a calculation involving future earning capacity, education level, and social class, among other things.  She's asking for punitive damages as well, but those are typically restricted to cases of extreme recklessness or actual deliberate wrongdoing, and it's highly unlikely she'll be able to show that.  Even if FedEx's trucks have a "history of catching fire," it sounds like there are a wide variety of reasons for that, and not pulling the entire fleet to check for any conceivable flaw probably doesn't rise to the level of wrongdoing.
 
2014-04-25 08:30:40 AM  

Bit'O'Gristle: If i remember right, witnesses said that the truck had swerved to avoid a motorist who he was about to hit due to the motorists bad driving.


Do you see the inherent flaw in your statement?
 
2014-04-25 08:31:20 AM  

WhoopAssWayne: Three Crooked Squirrels: Civil claim.  You can't hold the jury hostage.  Also, deciding ahead of time which way you will decide is not furthering the cause of "a functioning justice."

1) How much money did the state spend versus the defendant?
2) Was any evidence from straight-up corrupt crime labs? How much was spent?
3) Was the jury allowed to ask questions?
4) Was the jury allowed to appoint a special prosecutor to investigate?
5) Was the jury allowed to fine, disbar, imprison corrupt court officials including judges, prosecutors, or police.

No individual citizen in the United States can get a fair trail. We must use our power as jurors to acquit every last person unless it is just overwhelming and unquestionable guilt. Just acquit.

Also - plea bargains are not valid- they have zero basis in the law - every one must be approved by a jury.


It's a civil trial, not a criminal prosecution.
 
2014-04-25 08:31:26 AM  

Bit'O'Gristle: "It is our full intent and desire to ... obtain justice a big fat pay out for the families for me and my firm. that have been affected by this horrific tragedy," Aminpour told the Times. "We hope to be able to cash in big time, and retire.provide answers to the families, and we hope to hold sue Federal Express, and anyone else we can think of accountable ... to prevent something like this from ever happening again grub up all the quick cash we can while the jury is still full of sympathy.."


/Few things here, how did the mom KNOW that the truck was on fire before it hit the bus? Was she there? If i remember right, witnesses said that the truck had swerved to avoid a motorist who he was about to hit due to the motorists bad driving. The witness said nothing about the truck already being on fire. And lets get down to brass tacks here, its not about making fed ex pay, its about cashing in when you can. Sure, it's horrible that so many died, But from the evidence i have seen on the news, it just looked like a horrible accident. So you're going to sue fed ex, the estate of the dead driver (taking all his shiat and putting his wife and kid on the street if he had one) and anyone else you can think of. Classy. Good luck proving that fed ex was responsible for a random accident.


I saw a lot of bull snot in her reasoning.  I never heard of Fedex trucks catching on fire, and I'm absolutely sure they won't catch on fire simply by the manner the packages are loaded in the truck.  This woman is stupid, and her lawyers are solvating like rabid dogs.  Put the dogs down and give her only a reasonable amount of money.
 
2014-04-25 08:31:33 AM  
For fark's sake people. You spell it FedEx.

I see no history of truck fires. No more so than other horrendous accidents.
 
2014-04-25 08:33:11 AM  

WhoopAssWayne: Hobodeluxe: so a child dies a painful burning death because a multi billion dollar corporation doesn't maintain it's vehicles properly and giving her nothing is your idea of justice?

Sure bro. I was talking about criminal suits. I've been on criminal trials / juries.


"Criminal suits" aren't a thing that exist.  If the plaintiff is an individual, it's always a civil matter.  Civil cases are all that are at issue here, and I'm not really clear why you keep going on about criminal cases in a thread that has nothing to do with them.
 
2014-04-25 08:33:48 AM  

LesserEvil: FTFA: "FedEx has "a history of their trucks catching fire, either due to mechanical problems, driver error, or due to improper loading of cargo "

OK, I can understand a fire hazard from a mechanical issue, I can understand a fire from a collision (The only driver error I can think of, outside of driving with the parking brake engaged, either of which can happen on any vehicle belonging to anybody), but loading cargo improperly?

WTF?


You don't know anything about how combination vehicles with air brakes work, do you?
And yes, cargo shifting can cause Bad Things to happen to trucks.
But anywho.

FedEx: Paid by the mile. The faster they go, the more miles they get!
The trucking industry  is broken and Fed Ex is just a symptom.
Compare the safety record of carriers that pay their drivers by the hour versus the mile.
 
2014-04-25 08:35:15 AM  

Three Crooked Squirrels: It's a civil trial, not a criminal prosecution.


No sh*t. My points are about criminal prosecutions and I believe a lot of those points apply to civil trials.
 
2014-04-25 08:36:57 AM  

MemeSlave: FedEx has "a history of their trucks catching fire..."


I doubt that is true.


That was my first thought when reading the article.  Are there any statistics available on that?  If that was a problem, you'd think we would hear about it.  FedEx knows that they are absolutely dependent on their equipment being functional at all times.  I understand their maintenance program is pretty good.   Is there a Farker in the house with any inside knowledge?
 
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