Wednesday, March 07, 2007

i hate doctors. i hate lawyers. i like roller skaters.

Doctor Sues Child Roller Skater
March 1, 2007
MORRISTOWN, N.J.
-- A bicycling doctor is suing a roller-skating child neighbor
for pain and suffering, claiming the youngster caused a collision
that left the doctor with a broken collar bone.
It happened on a Chester Township street in October 2003.
Dr. Alexander Dlugi, a prominent endocrinologist,
approached Lauren Ellis, then 11, from behind, shouted "watch out"
and rang his bicycle bell.
As the girl turned around on her in-line skates,
the two collided,
and the doctor tumbled from his bike.
This week, a seven-member jury in the civil trial is hearing
the doctor's claim that the girl was negligent
and reacted unreasonably when he approached.
Dlugi's lawyer, Thomas Jardim, said the doctor's injury
did not heal properly and he had to have surgery in February 2004,
losing a significant amount of time at work and income.
Dlugi, now 54, has lost mobility in the shoulder
and is no longer able to enjoy biking and tennis
and has trouble sleeping, Jardim said.
Ellis was knocked to the ground in the collision and bruised,
but her parents have not filed a countersuit.
"It may seem an odd thing," Jardim told the Daily Record of Parsippany
of the lawsuit against the child,
"but people are responsible for their actions."
Wednesday's defense testimony featured
an accident reconstruction specialist,
who used diagrams and photographs to analyze the encounter.
The witness, John Desch, concluded that the girl was trying
to get out of the way and did nothing wrong.
Dlugi could have avoided the collision by braking
or riding around her, he said.
Jardim sought to discredit the testimony by noting that
Desch had never investigated a collision between a bicyclist and a skater
and misidentified on his diagram the actual point of the crash.
Closing arguments are scheduled for Monday.
$ $ $ $ $ $ $
just some observations:
doctors are bad, mmkay?
first doctor was riding a bike with a bell, and that's bad, mmkay?
second doctor botched the surgery, and that's bad, mmkay?
first doctor complained to a lawyer, and that's bad, mmkay?
lawyer sued the kid, and that's bad, mmkay?
why? kids don't have money!!!
[they cover that in the really good law schools.]
FLASH!! THIS JUST IN!!
March 7, 2007
MORRISTOWN, N.J.
A New Jersey jury has sided with a rolling skating girl
in a lawsuit brought by a bike-riding doctor.
The doctor blamed the girl for their October 2003 collision
on a street near their homes in Chester Township.
He said his broken collarbone never properly healed after they collided.
The doctor, who's now 54, sought damages for pain and suffering.
But a jury rejected his claim that the girl,
who was eleven at the time of the accident, was responsible.
The jury deliberated just 15 minutes before reaching its verdict.
* * * *
some additional observations:
juries are good, mmkay?
this one spent just enough time to laugh
at this asshole doctor and his weasel lawyer,
tell some jokes about lawyers and doctors,
then choose a foreperson,
and send the note to the court attendant
saying they'd reached a verdict.
without voting.
a verdict in such short time is very embarassing to a lawyer.
it means you have totally failed to do your job;
that you haven't generated ANY doubt in the minds of ANY of the jurors.
i trust the lawyer got a huge fee in advance.

9 comments:

Anonymous said...

Justice working as it is suppose to.

Bart

Pete Basso said...

Rev - will the little girl's family be able to recover any of the lawyer fees that were paid to defend this case? It only seems plausible that the doctor filing the lawsuit should be responsible for all fees in this case? does that ever happen?

the mostly reverend said...

she might; it varies from state to state. some states require the losing party to pay all or part of the cost of defending such a suit. given the lack of deliberation time spent by the jury, the judge in this case might be so inclined.
in some instances, juries have been known to include such findings in their verdicts.
this really is an egregious case. i seriously don't know why he just didn't sue the other doctor; i can only presume professional courtesy. it's just nice to see it turn out this way. not all the weasels in the world have "jd" following their names.

gpickle said...

Kim,
I love reading whack news stories as much as anyone else that enjoys reading them, too, but I am putting in a request for more ride reports, new equipment ramblings and stories from the road just the same. I have been riding and it has been swell, lots of geese flying around and honking (the geese, not the motorists) and what not, sunsets, sunrises, tingly toes, sleeping well, good appetite, etc. The bikes are working well and I am looking forward to getting my Bridgestone back from Teesdale and hitting some sloppy spring time trails. Cochran is going touring next week and I am going to roll with him for a bit, good times! What chew up 2?

Anonymous said...

Nice article Rev! Going to Des Moines University this is more apparent and not suprising. They are actually trying to make computer programs to make diagnosing easier and more accurate. What about studing harder and holding them accountable for their actions?

Ryan

Richard said...

now we know why our country is going down the shithole, frivolous lawsuits

the mostly reverend said...

mr the clean ankle--
you can look forward to the following reports:
--first race of the year;
--first new road bike of the millenium;
--first new tt bike of the millenium; and
--first road porn of spring.

i just have to do it, get them, and find it first!

but thanks for your continued interest.

gpickle said...

Where the hell is all the road porn anymore, anyways? I suspect that here in IC Jason scoops up most of it, or maybe Doc Tom, but now Jason is gone so I am hoping to "score" soon. Cochran says Japan is the world leader in road porn and I have no reason to dispute his claim although Virginia had its share. Looking forward to your reports, sir!

the mostly reverend said...

an advantage we here in central iowa have is that the typical "racer" either doesn't understand road porn, doesn't appreciate it, or chooses not to slow down, fearing the drop in their heartrate will ruin the rest of their seasons.
but if i score, the contents will be scanned and posted--for educational purposes, of course!!