FARK.com: (827633) Man climbes onto garbage truck, falls off, suffers brain damage. Naturally, he sues waste-management company and truck driver for "failure to respect the plaintiff's rights as a pedestrian"

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(NY Daily News)		Man climbes onto garbage truck, falls off, suffers brain damage. Naturally, he sues waste-management company and truck driver for "failure to respect the plaintiff's rights as a pedestrian" (nydailynews.com)		117
		More: Dumbass

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Ninja_Pancakes		2004-02-10 11:41:51 AM

This is proof that frivilous lawsuits can only be the fruits of people with brain damage.

iollow		2004-02-10 12:48:48 PM

Unfreakable		2004-02-10 02:22:00 PM

I would be hesitant to sue someone in the "waste management" business.

TheOmni		2004-02-10 02:29:40 PM

Is he really a pedestrian if he is standing on top of a garbage truck, instead of walking in the street? And he said that he never expected it to move. It is a truck. It has wheels on it. They are not for decoration. That's its main purpose in life. To move. Unless he can prove that the driver saw him up there and decided that moving the truck without warning or telling him to get down would be a better way to get him off then yelling at him to get down, I don't see how this can be construed sa the garbage company's fault.

SlumLord		2004-02-10 02:46:12 PM

HE NEVER THOUGHT IN A MILLION YEARS THAT A TRUCK WOULD MOVE?

Did he NOTICE the wheels?!?!?!?!?!?!

DasWo0t!		2004-02-10 02:46:20 PM

that stinks.

WeTheSheeple		2004-02-10 02:46:47 PM

Make people start paying their lawyers, win or lose, and all of this will go away.

uatuba		2004-02-10 02:47:00 PM

He climbes?

drdamned		2004-02-10 02:47:14 PM

wtf???

Xamot		2004-02-10 02:47:37 PM

"Obviously, he never thought in a million years the truck would move, so I don't think his actions were negligent,"

Yup, this guy is

a4dzac		2004-02-10 02:47:38 PM

Speaking of brain damage, climbes?

Number41		2004-02-10 02:48:00 PM

"Obviously, he never thought in a million years the truck would move, so I don't think his actions were negligent," said Levin's lawyer Howard Klar of Manhattan.

...both the reporter and the lawyer burst into laughter.

doublem		2004-02-10 02:48:19 PM

The wourld would be better off if the asshat had died in the truck that day.

He clearly didn't have much brain to damage if he climbed up on a grabage truck and didn't expect it to move.

It's a garbage truck. Did he think it was there for his personal benefit? If he did then we can add self centered arrogance to being a moron.

This is evolution in action.

I can only hope the damage is severe enough to keep the idiot from reproducing.

JPN		2004-02-10 02:49:03 PM

that article brain my damage

thetejon		2004-02-10 02:49:34 PM

Oh my gosh! He was at Ground Zero! He must be emotionally scarred for life, we'd better give him lots of money or let him rob banks or something.

ChairmanKaga		2004-02-10 02:49:54 PM

OK GUYS...

Did the driver of the truck KNOW HE WAS UP THERE??

I suspect he did, and we arnt getting the full story.

linewalker		2004-02-10 02:50:05 PM

We really need to stop this at the source. Make each state restrict the number of new trial attorneys that are allowed to practice each year. Continue with restrictions on how many students are allowed to go to law school every year.

I disagree, iollow. Our torts system is the source of this issue, not those taking advantage of the system. If we change the rules of the environment there will be less chances for those to take advantage of those rules.

I've said it a [insert hyperbole amount] times here on Fark: the American torts system needs an overhaul.

HotWingConspiracy		2004-02-10 02:50:27 PM

How can a country of victims have such a powerful army?

skinink		2004-02-10 02:51:31 PM

"Obviously, he never thought in a million years the truck would move, so I don't think his actions were negligent,"

Now, with the brain damage, the stupid bastard can't think at all. Sweet sassy molassy, the truck done moved on me !

BTW, when any of you were younger, did you used to sneak on back of the UPS trucks and go for a free ride ? I used to, and nearly busted my head open jumping off the back of a moving truck. Ahh, happy childhood memories !

Myrmidon		2004-02-10 02:52:17 PM

We really need to stop this at the source. Make each state restrict the number of new trial attorneys that are allowed to practice each year. Continue with restrictions on how many students are allowed to go to law school every year.

If we cut down on the sheer number of lawyers we cut down on people with high student loan debt in a crowded job market trying to invent ways to make a living.

That's one of the dumbest things I've ever heard.

There's no conspiracy on the part of lawyers to create frivolous lawsuits. A lawyer is just an advocate for his client. If the client's a scumbag, then that's what the lawyer seems like.

Don't get me wrong... I think any lawyer with a billboard that advertises "1-800-I-SUE-BIG" (like is visible off I-75 near Detroit) ought to be disbarred. Same with the ambulance chasers that advertise during daytime talk shows. But the real problem is that people stupid, lazy, cruel, vindictive, and looking for an easy buck. They're the problem.

ichiban		2004-02-10 02:53:03 PM

wow.

unfortunately the high cost of health care can make desparately stupid people engage in frivolous lawsuits as their only way to cover incurred costs.

Big_Bad_Dad		2004-02-10 02:55:08 PM

These types of law suits make it harder for people with legitimate claims to actually file suit. A friend of mine has a legitimate gripe with an big car co. and no one will touch the case because the potential award is far less than the cost of paying for discovery, lawyers fees and hundreds of thousands for "expert witnesses" to prove the obvious and refute the other "expert witness's" smokescreen.

uatuba		2004-02-10 02:55:11 PM

Stupid garbage trucks. I hope he sues the pants off of them, and as part of the settlement they are forced to gather garbage at 9:21 P.M. That way, they won't wake me up or get in front of me during rush hour.

Seriously, who would have thought garbage trucks move?

frankie13		2004-02-10 02:55:51 PM

What the hell is wrong with dumbass Americans???

"Oh look, I've been injured somehow. Let's find someone to sue, since it's obviously not my fault. And let's make up a wild figure like, say, $50 million"

aaaaaaaarghhhhhhhh!

wickedMule		2004-02-10 02:57:04 PM

GoodyearPimp		2004-02-10 02:58:01 PM

Didn't think in a million years? yeh, definitely

Didn't think it would move in (for) a million years? Yeh...garbage trucks are well-known for their tendency to materialize and not move, ever.

Answer: $50 million jackpot for asshat!

gojira		2004-02-10 02:58:07 PM

This one is just beyond belief. I guess in Mr. Levin's alternate universe the garbage trucks are fixed in place and people bring their garbage to them.

/who knew?

FreddyCalhoun		2004-02-10 02:58:45 PM

step 1: climb on top of garbage truck
step 2: fall off said truck
step 3: get brain damage
step 4: ?
step 5: profit

Big_Bad_Dad		2004-02-10 02:59:06 PM

ichiban - and unfortunatly the high cost of health care insurance is caused, in great part, by stupid law suits that end in million dollar settlements for idiots like this dude.

ChairmanKaga		2004-02-10 02:59:51 PM

Drivers are required to spot check their trucks before pulling off arnt they?

saynt		2004-02-10 02:59:55 PM

Honestly, if the guy climbs on top of a truck, and then is shocked and horrified when it actually moves, I don't see how his brain is worth $50 millon.

skinink		2004-02-10 03:01:37 PM

"A freelance photographer who suffered brain damage after falling off a garbage truck he climbed atop to take pictures of Ground Zero is suing the carting company for $50 million."

And he's also suing for the old couch that he was going to take from the sidewalk, until the garbagemen put it inside of the truck

jdhannan		2004-02-10 03:03:50 PM

a garbage truck is like 20' tall, u probly wont see a guy standing on top of it, especially if he snuck there
uhhh this garbage truck definitely won't move... after all, thats the best way to haul away 80 bajillion tonnes of ex-building

World'sWildestEverything		2004-02-10 03:04:48 PM

"But the real problem is that people stupid, lazy, cruel, vindictive, and looking for an easy buck. They're the problem. "

Yeah, they're the problem. But the gazillion lawyers out there looking for clients and big $$$ are the enablers.

ChairmanKaga		2004-02-10 03:05:09 PM

I guess I am all alone here, I give up. If you take a DAILY NEWS article on face value, I feel for you...

Clearly its slanted against this guy; he was a photographer, doing his job as such. They label him a "Gawker" and tell half the story..

Why did he think the truck wouldnt move?

Is it because it was just sitting there with engine off?

Did the driver know the guy was on the truck? This could easily be the case.

There are questions that should be clarified. It isnt necessarily black and white people.

H-025		2004-02-10 03:05:22 PM

There are two may lawyers out there and not enough legitimate lawsuits. If I were a lawyer, I'd be embarassed to represent a case like this.

TheStoss		2004-02-10 03:05:28 PM

The sad parts are
1) This guy (apparently) actually has a case. INSANE
2) He found a lawyer to defend him. GREEDY
3) This happens all the farkin' time! US LAW

High_Plains_Drifter		2004-02-10 03:06:41 PM

WeTheSheeple: Yes, or even better... loser pays all legal fees. That'll make you think about filing it.

HotWingConspiracy		2004-02-10 03:06:56 PM

"Why did he think the truck wouldnt move?

Is it because it was just sitting there with engine off?

Did the driver know the guy was on the truck?"

Even if the truck driver was somehow at fault, do you think this is worth 50mil?

cal_style		2004-02-10 03:07:06 PM

If he has brain damage how in the f did he figure out how to sue?

TheStoss		2004-02-10 03:07:20 PM

I agree with ChairmanKaga, we should wait to find out the FACTS before we decide that this man was a total moron and probably already had the brain damage he claims to have suffered.

lilpiggie		2004-02-10 03:07:23 PM

Is his lawyers name Mark Geragos, by any chance? Must be...

iollow		2004-02-10 03:07:52 PM

linewalker:
I've said it a [insert hyperbole amount] times here on Fark: the American torts system needs an overhaul.

Oh I agree completely, but who would EVER initiate that change? Aren't most congressmen ex-lawyers, who, if ever they lost their job, would probably go back to lawyering?

Face it, we're screwed.

jayhawk88		2004-02-10 03:08:03 PM

"Obviously, he never thought in a million years the truck would move, so I don't think his actions were negligent," said Levin's lawyer Howard Klar of Manhattan.

I know exactly what this guy means! I can't tell you how many times I've confused with a garbage truck with a FARKING STONE GRANITE MOUNTAIN!

"never move in a million years" my ass. If this farking lawyer is going to pull shiat like this, I say we get technical on him.

Hawkgirl		2004-02-10 03:08:29 PM

"Obviously, he never thought in a million years the truck would move, so I don't think his actions were negligent," said Levin's lawyer Howard Klar of Manhattan.</i

Well..who the hell would expect a truck to move...once they park dont they stay there until they rust to dust???

poorgirl		2004-02-10 03:08:35 PM

Can we toss this guy into the looney bin with the same asshats that were wanting to sue Janet Jackson over a flash of her boob on TV?

That and I love, "There is no way he thought the truck would move."

Um, what the hell did he think it would do?! Obviously the truck was there for a reason.

I want to sue this moron for being ghoulish and hurting the families of those who died in 2001 for trying to get a "better" picture of the area.
Can I?

postwood		2004-02-10 03:09:32 PM

Million years. Wow.

/detect detect

World'sWildestEverything		2004-02-10 03:09:34 PM

ChairmanKaga, I'm sure we're not getting the whole story. And perhaps the driver did know he was up there. If so, he should probably be held accountable in some way. But the photog shouldn't have been up there in the first place. He intentionally put himself in a risky situation. I mean, 50 million dollars??? How can that possibly be justified?