Saturday, July 07, 2012

Finally some judicial common sense as frivolous lawsuit is thrown out.

So rare that it actually makes the news.

Judge Dismisses Wrongful Death Suit Against Staples Center

This case centers around a toddler, 2 years old, who fell more than 30 feet from an open skybox at the Staple Center in Los Angeles after his mom propped him up in front of the railing then stepped back to take pictures of him.

Let me say right here that I feel bad for the death of the child, and the parents have my sympathy for that loss, but in no way in this universe do they deserve a big, fat paycheck as a reward for their own negligence in setting the child on the edge of that fatal drop and moving away from him. And the court agreed, stating that there wasno negligence on the part of the defendant, Staples Center, or their architect, who was also named.
"The court finds that the defendants did not owe a duty to the plaintiffs to properly supervise Lucas to prevent him from falling from the luxury box suite," Bryant-Deason wrote in a two-page ruling. "The court finds that it was not foreseeable that Mr. Tang and Ms. Nguyen would place Lucas in an openly and obviously dangerous situation by putting him on top of the beverage bar where it was easily foreseeable the he could climb over the tempered glass and fall."

The judge also said the couple's lawyers did not show how anything arena officials did or failed to do caused the boy's fall.

No, there was no negligence by the Staples Center. This was a tragic incident to be sure, but it doesn't warrant millions of dollars and a subsequent life of luxury for the parents who did cause it. If anything, I think that justice and equity would dictate that the parents spend one day a week lecturing new parents on child safety for the next 18 years. But that's probably why I'm not a judge.

Naturally, as per later news stories, their scumbag lawyer promises an appeal. He wants his share of that life of luxury.

5 comments:

  1. Wow. Every now and then, justice is actually served!

    ReplyDelete
  2. Surely the parents were arrested for negligent homicide!!!

    ReplyDelete
  3. The loss of their child was strictly their doing.Bravo for the judges courage to the right thing.I agree with them lecturing new parents.

    ReplyDelete
  4. Unfortunately, the parents failed in their duty to not be stupid, with tragic results.

    ReplyDelete
  5. Agree with Rabid!!! :-)

    ReplyDelete