#31  
Old 02-25-2014, 02:32 PM
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Aim For The Chains Aim For The Chains is offline
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Quote:
Originally Posted by BogeyNoMore View Post
Even if it doesn't result in opulling existing courses, it will definitely have parks more than a bit hesitant to consider adding any new courses.
Parks depts. also need better working relationships with course designers like has been said over and over again in many other threads for this to never be a problem again. Even updates to parks impact courses which have no current problems etc and it really is tricky designing a 100% "safe" course IMO I cant even really think of 1 on a public park.
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  #32  
Old 02-25-2014, 02:51 PM
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bradharris bradharris is offline
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Quote:
Originally Posted by BogeyNoMore View Post
Even if it doesn't result in opulling existing courses, it will definitely have parks more than a bit hesitant to consider adding any new courses.
There's nothing wrong with parks departments rethinking how courses go in. Perhaps a high volume sports park isn't the best option. The best DG courses are ones that have their own dedicated space. That may mean there are fewer options for courses, but I wouldn't want to play on a course in a crowded park anyway.

Quote:
Originally Posted by Mabuku1 View Post
Do you guys honestly believe someone throwing plastic discs in a public park has millions of dollars to make up for making you go blind for the rest of your life? That's not a joke, and I would sue everyone I could if that happened to me. There's a reason parks and organizations are required to buy insurance policies. Because major instances happen in every sport. And at anywhere.

If you got hit in the eye by some young kid with no assets, would you just do nothing and be blind for the rest of your life, and think "oh well, accidents happen." Not me, this is real life, where bills have to be paid, and families have to be supported.
Exactly. In this case, there's certainly nothing wrong with going after the "deep pockets." It's up to the park to try to defend itself by deflecting blame to the players.
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  #33  
Old 02-25-2014, 03:36 PM
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scarpfish scarpfish is offline
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Quote:
Originally Posted by cmcolomb View Post
at least she wasn't purposefully assaulted with malice.....
Malice. Such an ugly thing, but such a cool potential name for a disc mold.
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  #34  
Old 02-25-2014, 04:09 PM
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TeeSquared TeeSquared is offline
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I would never wish this upon anybody and I think as mentioned this situation could have been avoided by consciousness and common sense but the irony of common sense is that it isn't that common. And, i'm sorry but i can't resist pointing out the irony that now exists in relation to this womans last name and her deflicted eye. No malice intended.
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  #35  
Old 02-25-2014, 04:37 PM
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sugarnot sugarnot is offline
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Here are my list of things:

I caught the golf disc course thing too and it made my brow raise

I do feel bad that the woman is losing partial/all vision in one eye BUT disagree with the amount they are suing for...Often times I feel that the ridiculous amounts of money are determined by the lawyers in an attempt to make out on it. I mean, the woman is lets just say 45 y/o and makes $45K/yr and the avg life expectancy of a woman in the US of 82 (thanks wikipedia) and a retirement age of 65 we are saying she would have a estimated total income of $900K (20yrs x $45K/yr) and then lets say for s&g's she goes down to a part time job for another 10 yrs at $20K that is still only $1.1M. Sooooooo what makes you justify an additional $5M?? Pain and Suffering you say? Disability? I'm sorry there are people have have issues like this occur everyday whether it be by themselves and others and they adapt and overcome and even more so many times don't get anything for it. So again, pardon me for feeling that the amount is inflated and ridiculous and that the attorney is just trying to get rich off of what seems like a "shooting fish in a barrel" type case because, my 3rd point

I can almost guarantee that the city is going to settle out of court just so that they don't have to deal with it, the question is just how much they are going to have to shell out.
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  #36  
Old 02-25-2014, 04:44 PM
JC17393 JC17393 is offline
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The thing with lawsuits like that is that they sue for a seemingly high and ridiculous amount primarily as an opening bargaining position. The idea being that they expect the other party to want to settle and the high opening number gives them room to negotiate to the middle and still get a more than reasonable amount in the end. She sues for $6M, comes down to, say, $3M or so (hey, she cut her demands in half!) and still gets more than enough to cover medical expenses, future lost wages, and cost of living increases. And yeah, there's also the lawyers' hefty chunk of the loot.
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  #37  
Old 02-25-2014, 04:46 PM
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Aim For The Chains Aim For The Chains is offline
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How much is your eye worth?
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  #38  
Old 02-25-2014, 04:46 PM
jakesnake jakesnake is offline
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Lawsuits are also designed to modify behavior. Governments and corporations with deep pockets don't tend to take things seriously until you tack on a bunch of zeros.
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  #39  
Old 02-25-2014, 04:57 PM
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Quote:
Originally Posted by JC17393 View Post
The thing with lawsuits like that is that they sue for a seemingly high and ridiculous amount primarily as an opening bargaining position. The idea being that they expect the other party to want to settle and the high opening number gives them room to negotiate to the middle and still get a more than reasonable amount in the end. She sues for $6M, comes down to, say, $3M or so (hey, she cut her demands in half!) and still gets more than enough to cover medical expenses, future lost wages, and cost of living increases. And yeah, there's also the lawyers' hefty chunk of the loot.
The judge also has the power to change the amount of the award in either direction. The stated amount is really an asking price. Things like medical and legal bills are easy to quantify, but pain and suffering is up to some interpretation.

The city will also deflect some percentage of the blame which reduces how much it pays. The jury will be asked to assign a percentage of blame to each involved party. So lets say the find the city liable, but find the player 25% liable and the disc manufacturer 5% liable. The city will then be required to pay 70% of the financial award.

A separate lawsuit would then have to be filed against the other parties and another jury would have to find them at least 50% liable for them to have to pay anything.

*Note: this is all based on my experiences as a juror on a lawsuit in NH. There may be some differences in CA.
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  #40  
Old 02-25-2014, 05:02 PM
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Aim For The Chains Aim For The Chains is offline
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if anything, it will just be more likely to have it go in her favor being in CA. This is where the foreclosure lawsuits started b/c banks didn't dot the "i" or cross a "t" and people in default actually won them.

Last edited by Aim For The Chains; 02-25-2014 at 05:04 PM.
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