Kucinich sues cafeteria over olive pit in sandwich

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Originally Posted by elbamba

Listing 150,000 is probably a statutory number rather than the amount he will actually seek and receive. Its not uncommon in PI cases where you have to meet a threshold of 2-4,000 in damages before you sue, but in places like Kansas you sue for $75,000 because that is the statutory amount. Most minor PI cases will never come close to that, but you request that amount in the petition.

DUring discovery, most defendants will submit a document that requires the plaintiff to state their specific damages. At this point, them amount usually comes down unless the medical bills hit 150,000.

There is nothing wrong with someone suing when they suffer legitimate damages. Even a congressman.

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I truly hope this is the case, and if it is then shame on the author for not including this information.

I have a hard time seeing what supports the prevalent assumption here that Kucinich wasn't injured. Maybe people just do it for the satisfaction of calling liberal elitists whiny.

(shrugs)

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Originally Posted by LnGrrrR

Timing can affect many issues. For instance, I believe that in some cases, if you don't report a problem within a certain timeframe, then you're viewed as having "accepted" said service. As an example, say that a worker is supposed to be on time at 8:00, but he often comes in at 8:10 to 8:15.

Now, I don't verbally counsel him, I don't reprimand him, I don't do anything. Then, two years after working for me, I suddenly fire him for not showing up on time.

He could point to the lack of standard enforcement as a reason why he didn't show up on time. Because he had ignored the issue for so long, he gives the impression he "accepted" it.

Again, using your argument, do you think there should be no "statue of limitations" on it? That he should be able to sue for this problem, say, 25 years from now? I doubt you would argue that.

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I didn't argue that.

And rather than argue some barely relevant hypothetical, can't we just focus on this case?

Does Rep Kucinich's legal action lie outside the statutory limitation? If not, then you basically lose this point. It should be a fairly cut and dried legal issue.

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Originally Posted by LnGrrrR

Did said establishment guarantee that all food served would be free from possible injury?

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I have no idea. What difference does that make? Kucinich claims he was injured. If the cafeteria is found responsible, they are liable for damages.

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Originally Posted by LnGrrrR

Hogwash. I'm opining as is everyone is.

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For a minute you pretended to have a reasonable view. It's to your credit you've dropped the conceit. :tu

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Originally Posted by LnGrrrR

You make it sound as if the number that Kucinich bandied about is some solid number. As you stated above, it is hard to put a price on damages, especially emotional/mental ones.

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El Bamba just addressed this.

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Originally Posted by LnGrrrR

I have no more "sound basis" to counter his claims of monetary damages than you do for agreeing with it.

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I never said I agreed with it. I only claimed your opinion was rationally faulty.

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Originally Posted by LnGrrrR

I'm not denying that the man suffered damage, and I'm not denying that the restaurant may have some small amount of culpability. I'm denying that their culpability, and Kucinich's damages, are equal to such a high amount.

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How you arrived at this conclusion is still anybody's guess, but you're certainly welcome to it. :toast

For example, one might reasonably forbear to sue until the extent/cost of one's injury becomes clear over time.

Three pages on some guy suing about biting into an olive pit?

Of all the threads on the first page, this is the one that I would think would not make it past the first few posts. :lol

There's a directly proportional relationship between triviality and thread length.

Hadn't you noticed? :lol

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Originally Posted by sickdsm

You're pathetic.

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For considering a hypothetical lawsuit? If you say so, internetz tough guy.

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Originally Posted by Winehole23

There's a directly proportional relationship between triviality and thread length.

Hadn't you noticed? :lol

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Interesting hypothesis, wh. So is the product of the importance and the length of a thread constant over the whole web? Or just in the political forum?

I don't have a refined, scientific grasp on it yet. More of a conversational one. So yeah, I meant here. :lol

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Originally Posted by baseline bum

Interesting hypothesis, wh. So is the product of the importance and the length of a thread constant over the whole web? Or just in the political forum?

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Start a thread about it and let's see how it progresses.:toast:lol

The relationship isn't necessary IMO but the correlation is strongly felt.

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Originally Posted by TeyshaBlue

Start a thread about it and let's see how it progresses.:toast:lol

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It obviously wouldn't get many replies.

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Originally Posted by baseline bum

It obviously wouldn't get many replies.

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Just add: ", said Sarah Palin" to the thread title.

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Originally Posted by TeyshaBlue

Start a thread about it and let's see how it progresses.:toast:lol

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Grade inflation. I protest. Offhand comments make poor stand alone threads.

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Originally Posted by Winehole23

Grade inflation. I protest. Offhand comments make poor stand alone threads.

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You are preventing me from enjoying something. I'm gonna have to sue. :nope:lol

'member the iPod thread?

....searching.....

Bowing recently came up again. Again!

search fail.:depressed

Carrie Prejean.

http://www.spurstalk.com/forums/show...highlight=iPod

Ahhh....that thread is the gift that keeps on giving.:toast

"The next head of state is getting a six pack of Schlitz and a Sham Wow":lmao

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Originally Posted by Spurminator

Just add: ", said Sarah Palin" to the thread title.

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Please don't.

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Originally Posted by Winehole23

Does Rep Kucinich's legal action lie outside the statutory limitation? If not, then you basically lose this point. It should be a fairly cut and dried legal issue.

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That's for the lawyers to decide, isn't it? Whether the time elapsed from the injury and when he filed is relevant is something the lawyers will hash out.

My point was that time obviously does have some effect on people's opinions as to the validity of the claim.

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Originally Posted by Winehole23

I have no idea. What difference does that make? Kucinich claims he was injured. If the cafeteria is found responsible, they are liable for damages.

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Of course. I've never argued otherwise. I've argued that the amounts requested are out-of-wack for the damages listed.

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Originally Posted by Winehole23

El Bamba just addressed this.

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Yes, that was posted as I was typing my reply up.

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Originally Posted by Winehole23

I never said I agreed with it. I only claimed your opinion was rationally faulty.

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My opinion that the amount he's requestion doesn't seem equal to the damages received is flawed? I wouldn't mind you pointing out how that opinion could be "flawed".

Do you have some precedence for monetary damages awarded in similar cases?

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Originally Posted by Winehole23

How you arrived at this conclusion is still anybody's guess, but you're certainly welcome to it. :toast

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I used my rational thinking that biting down on an olive pit, in an olive, isn't worth $150,000 in damages. Do you think that's the proper amount?