Gordon Blvd Wrote:
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> Ivy Bigbee Wrote:
> --------------------------------------------------
> -----
> > Gordon Blvd Wrote:
> >
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>
> > -----
> > > activist answer: you could sue, sure. But
> to
> > > prove liabilty and win - well, who knows.
> > >
> > > Lotsa ifs, yea. But if VDOT produces
> > papwerwork
> > > that shows yeah they looked at tree and it
> > looked
> > > fine when they last checked it, then you are
> > kinda
> > > out of luck with the following steps.
> >
> > You raise an interesting point. Let's say I'm
> the
> > wife, and VDOT produces paperwork that the tree
> > was okay. Well that helps my case even more,
> > because I should be able to prove (beyond a
> > reasonable doubt), that the tree was in fact
> NOT
> > okay based on its condition. I could probably
> make
> > the case that VDOT was incompetent in that
> matter
> > or so. Anyway, I wanted to make this clear...
> >
> > 1). I wasn't looking at it as a "Payday".
>
> you say that now - but you stated your agenda
> earlier to us from a lawsuit. And it was not to
> improve VDOT safety measures. Not to get tree and
> other right-of-way issues pushed into the
> forefront. Not to insure something like this
> never happens again. You said "I figure I'd walk
> away with about 1 to 4 million dollars. "
>
> Now THAT'S a payday LoLz
>
>
>
> >
> > 2). I was looking at it from a widow's
> > perspective. I've got kids with this man, our
> main
> > source of income is gone, we have a mortgage
> and
> > bills to pay, etc.
>
> Understood - however if that is truly your main
> concern, you would have life insurance like
> everybody else
> >
> > 3). Alot of people I think forget that families
> > are hurting financially as well as emotionally
> > after a loved one passes away.
>
> Not doubting that at all - however trying turning
> a loved one's death into a lotto ticket isnt
> necessarily the way to solve those problems.
>
> Like I said before, you most CERTAINLY have the
> right to feel the way you do about liability and
> whatnot. Just there are others who look at it as
> cheap to put a pricetag on tragedy. I mean, look
> at this shit:
>
http://www.reuters.com/article/2012/07/20/tagblogs
> findlawcom2012-injured-idUS387141306620120720
>
> bodies arent even cold and ppl are already looking
> to get lotto $$$$ out of it...............
>
> and it's that "There's got to be someone to blame
> so I can get some $$$$" mentality that is helping
> to clog our court system to hell. Some of us just
> dont agree with that sentiment, is all.
You're just being unrealistic. This was 100% preventable and now the widow will have to pay bills, etc. My point is, this was VDOTs responsibility and as a result of their failure a person was killed. Therefore the widow and family are entitled to sue for damages based on that neglience. You know its not easy to pay off bills if your a single parent. I'd be curious to know if the widow works or is retired. Funeral costs alone will cost them about 10K or higher.
I think I would be more in your camp if the tree was healthier and been knocked over during the storm. But that's not the case here. Look at the comments above. Everyone who's been down that road knew the state of that tree and I think its a reasonable assumption people complained about it. (see arbor and kerri knows above). So again, if there is a giant tree like that, and people had been complaining about it, and VDOT admits its their responsibility, AND my family lost their father (and primary source of income) of course I have a case for suing them and getting money to cover our expenses as a result. This is not a case for saying, "let's sue for millions and millions of dollars and go a trip around the world." This is..."How am I going to pay my mortgage, how am I going to pay off my kid's college, student loans, car payments, etc. Regardless of what money they may have, its going to be a huge cost. The family will probably have to sell off the house, and other things to pay the bills and creditors. And why? because VDOT was too lazy, and didn't cut down a gigantic, dangerous, overhanging tree.