and some of you guys voted in this greedy sob?

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and some of you guys voted in this greedy sob?

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armchair_warrior
retsop cixelsyd
Joined: Dec '05
Posts: 7,947

Councilwoman Letitia James has filed a personal injury suit against an itinerant laborer after she allegedly injured herself walking into his legally parked truck.

The Democratic lawmaker, who makes $122,500 a year as the people’s representative in Fort Greene and Clinton Hill, is seeking an unspecified amount of damages for wounds she claims to have sustained on July 11 when she walked into a four-inch trailer hitch protruding from David Day’s parked car.

James sustained “serious, severe and permanent [injuries] to her limbs and body” and “she will be caused to suffer … continuous pain and inconvenience,” according to court papers filed last month in Brooklyn Supreme Court by James’s attorney Robert Mijuca of the powerful law firm of Rubenstein and Rynecki.

The court documents also allege that the injuries caused James to be unable to attend to her usual occupation — though the alleged pain and suffering occurred on the eve of the councilwoman’s re-election campaign, one that she waged with her typical vigor against two primary rivals.
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She bounced to an easy victory. Additionally, several of James’s Council colleagues told this newspaper that they did not recall James limping or using crutches during the summer.

But court papers paint a very different scenario of the events of July 11 on Fulton Street between S. Portland Avenue and S. Oxford Street.

The lawsuit claims that James “came into contact with the exposed, unprotected hitch,” contact that led to “great physical and mental pain” — though the actual body part that was damaged is not cited.

James claims that Day’s hitch is illegal and that her injuries resulted “solely [from] the careless and negligent manner in which [he] owned and maintained his motor vehicle.”

But Day says that the hitch is legal. He said he was loading recyclables into his car from the curbside when James parked closely behind him. She bumped into the hitch when walking between the cars to the sidewalk, he said.

She had a scratch on her shin, Day recalled, and he didn’t think much of it until receiving notification that he was being sued. Since then, he’s waged a one-man crusade to ward off the councilwoman’s suit.

“Please don’t go forward with it,” he wrote to James in February. “You are famous and powerful while I’m a nobody without means who’s done you no harm. Pursuing this course to court can bring only ruin all around.”

He also pointed out that he makes roughly one-tenth of James’s salary, meaning that the lawmaker would likely not get much in a settlement.

As such, James shouldn’t bank on a cash bonanza similar to the one that Borough President Markowitz received in 2003, two years after the notorious slip and fall in an ice-slicked Albany parking lot that resulted in an ankle broken in three places. Markowitz was on crutches for weeks.

On Wednesday, James responded to news coverage of her lawsuit, maintaining that she is fighting the case against the Everyman laborer on behalf of … everyman.

“It’s a public safety issue,” said James. “My car was parked and his car was parked. His hitch was exposed. … This lawsuit could be ended today if he removed it.”

The councilwoman claims that she discussed this with Day, but he refused to remove the hitch. Day claims that he got the hitch from a U-Haul dealership, and that it is legal.

Legal or not, James retorted that the hitch was “rusty” and caused a seven-inch scar on her leg.

“The doctor said it was a deep laceration and he wanted to give me stitches, but I said no,” said the courageous councilwoman.

The larger irony of James’s suit, of course, is that the councilwoman, not Day, may be the person who broke traffic regulations.

Walking between two parked cars could be jaywalking.

http://brooklynpaper.com/stories/33/12/33_12_sw_tish_suit.html
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# Posted 3 yrs ago
Tridentine
getting it
Joined: Feb '10
Posts: 55

stuff

# Posted 3 yrs ago
Idlewild
rocking it
Joined: Sep '05
Posts: 2,798

Have you ever walked into a hitch? It's nasty. Hurts like hell and actually leave a huge gash and or huge bruise. They're very hard to spot most of the time because they're so low and some times the bumper can hide most of it. What needs to be done, at the very least, is have drivers put on a sheath or thick rubber cover when the car/truck is parked. I believe BMW has retractable hitch on the GT series, but this is an aside. As far as the lawsuit, this is why you get insurance.
"Clamato! Straight Up! No chasah!

# Posted 3 yrs ago
Jay B
getting it
Joined: Aug '08
Posts: 95

You can't set a precedent that anytime someone walks into something they didn't see, that they can sue whoever owns that thing. It's ridiculous. How about watching where you are going and realizing that sometimes in life you bump into things? You know how many people will be walking around looking for hitches to walk into and become "physically and mentally hurt" if this goes through?

# Posted 3 yrs ago
Boygabriel
M Train Devotee, G Train Appreciator
Joined: Nov '05
Posts: 4,431

Jay B » You can't set a precedent that anytime someone walks into something they didn't see, that they can sue whoever owns that thing.

That's not quite how legal precedent works.
Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org

# Posted 3 yrs ago
Idlewild
rocking it
Joined: Sep '05
Posts: 2,798

Jay B » You can't set a precedent that anytime someone walks into something they didn't see, that they can sue whoever owns that thing. It's ridiculous. How about watching where you are going and realizing that sometimes in life you bump into things? You know how many people will be walking around looking for hitches to walk into and become "physically and mentally hurt" if this goes through?

Not every car in NYC, in fact most cars in NYC don't have hitches attached. So why should anyone expect to see one? Now, while I don't think a lawsuit is in order, especially since Ms. James is a politician, I do believe a law should be passed (with James, the politician leading the way) that a cover should should be mandatory when the hitch is not in use. Those fucking things hurt. They can splinter a shin if you walk into them hard enough, whether you're walking between two cars or not. It's the same thing (IMO) like tripping over a hole or ice on the sidewalk, or one of those tree guards that jut out three feet into the sidewalk. It's not like bumping into a tree or a door where they're both in plain sight.
"Clamato! Straight Up! No chasah!

# Posted 3 yrs ago
eggcream
rocking it
Joined: May '06
Posts: 1,355

Another idiot looking to score while wasting taxpayers money. She should be thrown in jail for filing these ridiculous charges. This poor guy will probably go broke defending himself.

Remember that judge who kept suing the dry cleaning couple for millions since they lost his pants?

# Posted 3 yrs ago
sweet tea
Cooler Ham
Joined: Feb '06
Posts: 5,181

agree about merits of suit.

the pants case was not a judge but a barely-lawyer.
Bumping ancient threads with bot-like bullshit

# Posted 3 yrs ago
cccc
getting it
Joined: Aug '08
Posts: 204

Disgusting! I hope there are some serious political ramifications for this.

# Posted 3 yrs ago
Jack Krohn
My Baby's Gone Shootin'
Joined: Dec '05
Posts: 1,075

What a hypocrite! She's forever fashioning herself as the champion of "the people", yet she, a brownstone owner with a six-figure salary and a law degree, is going after a member of the working poor. I'm glad that I never voted for her and can't wait until term limits make her disappear.

# Posted 3 yrs ago
Karl the Druid
on facebook i am now
Joined: Aug '06
Posts: 1,174

Jack Krohn » What a hypocrite! She's forever fashioning herself as the champion of "the people", yet she, a brownstone owner with a six-figure salary and a law degree, is going after a member of the working poor. I'm glad that I never voted for her and can't wait until term limits make her disappear.

for shame

ms. james should know better

our new york court system works best for stealing private property

for wealthy developers

especially when they can not pay off loans
destination: roam

# Posted 3 yrs ago

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