Friday, April 04, 2008

Sudden Awakening


Here is some more East-coast nonsense.

In Danbury Connecticut, officials have been notified they are being sued by a student who was awakened in class by a teacher who made a loud noise.

The allegation stems from a 15 year old who states he suffered pain and very severe injuries to his eardrum when his teacher woke him by slamming her hand down on his desk.

As of now, documents have been filed with the Town Clerk and this is usually a prelude to a lawsuit.

A city official stated the matter has been referred to Danbury's insurance carrier to take care of any future claim.

I am not sure what is more troublesome, the student or the attorney willing to file the claim. Where is our legal system heading?

What happened to personal responsibility?

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5 Comments:

Blogger grasshopper said...

What about the medical professionals who will provide the necessary medical proof in the case?

Following your line of "reasoning," the medical profession is at least complicit in this downward spiral.

It is misleading to use an isolated incident to inartfully lob a punch at an entire profession. This strikes me as the most "troublesome" part of this post.

4/04/2008 04:13:00 PM  
Blogger B.W. Smith said...

It is misleading to use an isolated incident to inartfully lob a punch at an entire profession.

Agreed (and I defend against these types of lawsuits for a living). The fact that a plaintiff hires a lawyer to bring a lawsuit doesn't say anything about the "legal system."

We don't know enough facts from the story to tell if he has a viable claim under the law, and we don't know the outcome of the dispute (it is quite possible that the "legal system" will handle this just fine)... but I can see where non-lawyer might not appreciate the subtleties involved.

Doc, could the teacher have ruptured his eardrum or at least caused severe pain, especially if he had his ear against the desk at the time of the slamming? That seems plausible to me, but I'm not a doctor, so I will defer to the professionals.

4/05/2008 01:37:00 PM  
Anonymous Anonymous said...

Very unlikely the eardrum could rupture just from the noise.

A direct slap on the ear that causes a sudden pressure change could do it, but not just from a loud noise.

I agree there are bad apples in every profession and there are those that would sell their mothers to make a buck. Although not mandatory, it is very difficult to get any of these cases to a court without first having an attorney.

4/06/2008 04:32:00 PM  
Blogger B.W. Smith said...

Thanks.

You know what they say - 90% of lawyers...make the remaining 10% of us look bad. [joke] Honestly, my experience has been that, at least in this area, the converse is true.

4/06/2008 05:43:00 PM  
Blogger John Manzo said...

Why the need to be critical of the 'east coast?' Nonsense happens all over. I grew up in the northeast and most of the stereotypes that people seem to have of the northeast are as accurate as the stereotypes thinking people from this region are all hics.

4/07/2008 03:22:00 PM  

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