Manhattan Woman Sues 12-year-old Nephew for 'Unreasonable' Hug

Discussion in 'Politics, Religion, Social Issues' started by steve knight, Oct 13, 2015.

  1. steve knight macrumors 68020

    steve knight

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    #1
    well there you go we need something else crazy to talk about. the poor aunt she has trouble holding hors d’oeuvre plates. this makes Americans look so stupid.
    http://nymag.com/daily/intelligencer/2015/10/aunt-sues-nephew-for-127000-over-forced-hug.html
     
  2. nebo1ss macrumors 68030

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    #2
    It is not always what it seems. Sometimes the insurance company forces these situations.
     
  3. samiwas macrumors 65816

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    #3
    That does sound just like an insurance company.
     
  4. steve knight thread starter macrumors 68020

    steve knight

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    #4
    I doubt 120 grand for a fractured wrist. I mean medicine is high here but not that high. someone posted a comment that she got nothing.
     
  5. Mousse macrumors 68000

    Mousse

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    #5
    They updated the article. The jury ruled in favor of the nephew. Sometimes the system works.:cool:
     
  6. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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  7. steve knight thread starter macrumors 68020

    steve knight

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    #7
    Now she won't be able to afford to pay someone to hold her plate for her.
    I guess the money was worth more then her relatives.
     
  8. vrDrew macrumors 65816

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    #8
    If I had a friend over for dinner, and he or she slipped and fell in my driveway, breaking a wrist or something, I'd encourage them to sue me.

    Even if your medical bills are covered by insurance, incurring an injury like that is going to be a major inconvenience. Its going to be painful. And the victim will always have out-of-pocket expenses.

    Thats what I have homeowners insurance for. There is no deductible, and it provides enough coverage that I'm not going to be personally liable.

    I don't encourage anyone to file fraudulent or frivolous claims. I try to keep my house safe for myself and guests. But if someone is legitimately injured - they have not just a right - but an obligation to file an injury claim. I'd far rather a friend sued me (or, more accurately, my insurance company) - than didn't, and spent the rest of their lives bearing a resentful grudge over the incident.
     
  9. citizenzen macrumors 65816

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    #9
    So reasonable. I suspect people are reacting to the age of the child and the innocent (and loving) nature behind the injury. This however, is a distraction, and not a good reason to deny her claim (IMO).

    Imagine if instead of a boy, the injury had come from a dog (as big as a 12 year-old boy) jumping on her, knocking her down, and breaking her wrist. Even if the aunt loved that dog, and the dog loved her, she would still deserve to be compensated for her medical expenses.

    I'm not sure on what basis the jury denied her claim, but I see nothing wrong with trying to collect on homeowners insurance, when you've had an injury in another person's home.
     
  10. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #10

    I'm sorry but if I trip over my own two feet in your driveway, the only one at fault is my dumb ass. If I'm a half decent person I sure as hell wouldn't sue my friend. Alas we live in a society where everyone but themselves is to blame, so I'm not surprise it's become ingrained.
     
  11. vrDrew macrumors 65816

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    #11
    I think it depends on the situation. If my driveway was icy, and improperly shoveled or salted. If there was a dangerous crack in the driveway. If I'd spilled motor oil and not cleaned it up? I think in all of those cases, I - as the homeowner - would bear some level of responsibility.

    I'm not in favor of a sue-happy society. But we also enjoy the benefits of living in a society where we have access to a legal system that allows people to go to court or other adjudication systems to get fair compensation for their injuries. Far better that than you sending some goons over to my house to get "blood money" out of me.

    As I said: If a friend legitimately was injured on my property, I would far rather they file a claim with my insurance company - than lose a friend over him or her being resentful of the losses they incurred. In 99% of cases, being sued isn't really going to hurt me. And thats why I pay my homeowners insurance.
     
  12. Tinmania macrumors 68040

    Tinmania

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    #12
    I really don't get the "sue me" mentality. If they need to file a claim with your homeowners insurance, so be it. In most cases they simply pay and the medical costs or property damages are covered.

    So why exactly would you want to get lawyers involved, which only adds to the eventual cost? The only reason I can think of is if someone wanted to get more money than just the actual damages. Even with that insurance companies will usually go for a settlement whenever possible.

    In this case I think something else is going on. The lawsuit wasn't brought until the boy's mom died, apparently. There also was no apparent attempt at a settlement. I don't think it was about medical bills: she seemingly wanted pain and suffering. She didn't get it.



    Mike
     
  13. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #13
    Best illustration of liberal viewpoint vs conservative on personal responsibility I've seen for a while.

    "You don't know how to walk on your own two feet? Let's sue my insurance company, they will pay"
     
  14. Renzatic Suspended

    Renzatic

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    Gramps, what the hell am I paying you for?
    #14
    Yeah, and if I wanted to go for the low hanging fruits, I'd say the conservative mindset seems to be to do something bad to someone, then turn around and scream about "MY RIGHTS" whenever you get called out on it.

    That's what's going on down in Douglasville right now. It's hilarious to watch.
     
  15. vrDrew macrumors 65816

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    #15


    I think you are probably right about that.

    You are also correct in saying its better if you can handle these sorts of things without getting a lawyer involved. That said - sometimes insurance companies can be real hardnosed about paying fair compensation. They will try and get the injured party to accept a bare minimum - say only direct out-of-pocket medical costs, with little to cover the inevitable extra expenses that accrue when someone is injured.

    If you - or a guest of yours - is injured at a friend or acquaintance's home - try and get fair compensation from their home owners insurance. But be realistic about what your expenses are going to be. And if the insurance company doesn't come through - thats the time to call a lawyer. More often than not, the insurance company will pay a fair amount without anyone going to court.

    That's why I agree that something else was going on here.
     
  16. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #16
    I believe those 15 people have been indicted by the court already, if they were just driving around with flags it's not an issue, but from the story they threatened to kill [n-word]

    So yeh you get to go to jail.
     
  17. Renzatic Suspended

    Renzatic

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    Gramps, what the hell am I paying you for?
    #17
    I've seen a ton of people play the Suppressing Our Heritage and Free Speech card over this one.

    It's taught me one thing, you can't make snap judgements on whole groups of people over the actions of a dumb, select few.
     
  18. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #18
    I don't see the heritage play working even though it probably is pretty close to the sentiment of those who raised the flag in the past. Once you start threatening people from a group setting like that you overstepped your right and went right into thuggish behaviour.

    These people disrupted a kids birthday party as well, if they want to tie their anchor to this then I say go ahead.
     
  19. satcomer macrumors 603

    satcomer

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    #19
    I just think this woman just lost any connection to family functions for her whole life! :confused:
     
  20. samiwas macrumors 65816

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    #20
    You hope. I just this morning found a stack of paper on the kitchen counter which was the denial of all claims related to my son's autism therapy services. This was after they had told me on two separate occasions that I would pay 50%, and they would pay 50%. Like a dumbass, I didn't get it in writing, and now most of my savings are depleted by an insurance company lie.

    You can encourage your friend to sue you, but I'd make damn sure that your insurance will actually pay.
     
  21. Mousse macrumors 68000

    Mousse

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    #21
    The kid should call her Auntie Fredo from now on.:oops:

     
  22. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #22

    Do you want your friend compensated a hundred grand by your insurance company for the "grueling" pain he/she endures while trying to hold his bruschetta at a dinner party in Manhattan?

    I think it's wonderful your willing to get dropped by your home owners carrier or have your premiums skyrocket when you gladly encourage your friends to sue you every time they fall down on their property.
     
  23. vrDrew macrumors 65816

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    #23


    Its unlikely your homeowners insurer would respond like that. And unless you made a habit of having guests file multi-thousand dollar claims against you, or engaged in fraud of some kind - I( doubt it would end up costing you - the homeowner - much of anything out of pocket.

    The homeowners liability insurance market is fundamentally different from, for instance, automobile or business liability insurance - being highly variable based on loss-history. Claims are
    relatively rare, and - unlike automobile insurance - there is not state-sanctioned legal reporting mechanism for claims and accidents. If you apply for most homeowners policies, they are interested mainly in the zip code where you live (to determine risk from thefts) and coverage limits. They rarely - if ever - ask about liability claims history.

    Again: I am in no way suggesting the use of spurious "slip and fall" incidents to help your buddies score some quick cash. But if a guest legitimately injures themselves on your property, it seems downright unfriendly to expect them to pick up the expense
    incurred out of their own pocket.
     
  24. The-Real-Deal82 macrumors 601

    The-Real-Deal82

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    #24
    What a horrible woman.
    She was willing to destroy a family relationship for just $120k. I hope the family cut her out from now on.

    Justice prevailed and she'll be regretting it hopefully for the rest of her life.
     
  25. shinji macrumors 65816

    shinji

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    Mar 18, 2007
    #25
    It looks like she's suing a child, but really it's about cashing in on the father's insurance policy. You can't always name an insurance company as a defendant.

    The problem is that without proof of negligence in a case like this, nobody will get a dime from a homeowner's insurance policy. The idea that an 8-year-old was negligent in hugging his aunt is absurd.
     

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