Here's a little story that is bound to make everyone sick a little bit at a time.
A while back, a Wal-Mart employee named Debra Shank was driving along the road when her vehicle was struck in the driver's side door by an eighteen-wheeler. The accident left her brain damaged and almost totally incapacitated, requiring around-the-clock care. A $700,000 settlement was agreed on with the trucking company to cover Debra's medical expenses.
The money was put into a trust fund for Debra's perpetual care. Well, sort of. After legal fees there was only about $417,000 left. The lawyers basically snag forty percent of the settlement. God Bless America.
That made me a little ill, but wait... it gets worse.
Wal-Mart sued Debra in order to recover over $470,000 its health care plan paid for her initial care after the accident! That queasy feeling was growing. If Wal-Mart is involved, you know it can't get any better. And it doesn't. It seems that when Debra crossed all her t's and dotted her i's with Wal-Mart, she overlooked a small clause in her contract where Wal-Mart had the right to reimbursement from any settlement she received if she also received money from her health care plan. It's incredibly disturbing, but look around and you'll find similar clauses in company handbooks all across this great nation. God bless America.
Employers are beginning to go after settlement money as a direct result of escalating health care costs. In this case, the multi-billion dollar entity says it's looking after the interests of all it's employees by insuring the integrity of it's health care funds. God Bless America.
Currently, just over $200,000 remains in Debra's trust fund, set up by her ex-husband, Jim, and though they refuse to be interviewed, Wal-Mart released a statement saying that they are showing compassion by settling for what's left instead of the full $470,000. And you know what? They sued the Shanks and won! Not only that, but an appellate court upheld the decision! God Bless America.
Debra's ex-husband Jim is currently working two jobs to pay for her nursing care.He recently had to let her private nurse go because he simply can't afford to pay her. Jim's two jobs mean that he can't be there for Debra all that much either. Remember, Debra can't do anything for herself. She can't walk. She can't feed herself. She can't bathe or use the bathroom by herself. And Wal-Mart, the largest corporation on the planet, wants its money. God Bless America.
I mentioned that Jim Shanks is Debra's ex-husband. You might think he's something of a saint, fighting hard for a former spouse, but that's not really the case. Until recently the Shanks were still happily married, but thanks to the United States Government their divorce was inevitable. You see, Debra qualifies for more government aid if she's single. I'm not kidding. I recently ran across an old friend in the same situation. I hadn't seen Mister Ronnie since the Pre-Katrina days, but he and his wife were the picture of a happy couple. When I last saw him I asked how everything was and with that wry smile he usually reserves for jokes, he told me he was divorced. My jaw dropped and he told me that was the only way he could afford his medication. So the next time you hear politicians wailing about Family Values and the sin of divorce, remember that there are a lot of divorces caused by the laws made by those same politicians. God Bless America.
And just to make you even sicker, I'll go for the jugular and mention that one of the Shank's sons was killed in Iraq, fighting for the country that forced his parents to divorce so that his mother could receive the best care possible. Is this a great country, or what? God Bless America!
For more on this whole sordid affair, visit MSN here: http://articles.moneycentral.msn.com/Insurance/KnowYourRights/EmployersGrabAccidentVictimsCash.aspx
Showing posts with label frivolous lawsuits. Show all posts
Showing posts with label frivolous lawsuits. Show all posts
Saturday, March 29, 2008
Monday, June 25, 2007
Justice Is Almost Served
Remember Roy Pearson? The scumbag who sued an immigrant drycleaner for 54 million dollars over a pair of pants? (Come on folks, try hard.) Well, he lost, and there was much rejoicing.
From District of Colombia Superior Court Judge Judith Bartnoff:
Unfortunately, in spite of a clear majority of opinion, he has also been re-appointed to his judgeship. Incredibly, someone, somewhere, believes this dillhole has the appropriate mental faculties to preside over other peoples legal concerns. Now I know this news will leave some of you with mixed feelings, and rightfully so. It's nice to know that the Chungs will be able to continue in pursuit of the American Dream, (their court costs are about $1000, no information on whether they'll sue to recover the tens of thousands of dollars in legal fees this has cost them,) but unsettling to know that Roy will be in control of other peoples legal lives.
It just makes me wish there was some way to tell this guy what I really think of him. For instance, if I knew that his mailing address was Roy L Pearson, Jr, 3012 Pineview Ct NE, Washington, DC 20018-1617, I could write him a letter. Or if I knew that his phone number was (202) 269-1191, I could call and leave my two-cents on his answering machine. I can't even e-mail him since I don't know his e-mail address is roypearsonjr@verizon.net. Oh well, I guess there's nothing I can do. So it goes.
From District of Colombia Superior Court Judge Judith Bartnoff:
"Based on the foregoing, the Court finds that the plaintiff is not entitled to any relief whatsoever on his claims under the CPPA, Counts One and Four of his Amended Complaint. The Court's analysis of the plaintiff's CPPA claims applies as well to his claims of common law fraud in Count Two of the Amended Complaint. The plaintiff acknowledges that he is required to prove those claims by clear, convincing and unequivocal evidence. He has not proven those claims by a preponderance of the evidence, let alone by that higher standard. Judgment therefore will be awarded to the defendants, as well as their costs."
Unfortunately, in spite of a clear majority of opinion, he has also been re-appointed to his judgeship. Incredibly, someone, somewhere, believes this dillhole has the appropriate mental faculties to preside over other peoples legal concerns. Now I know this news will leave some of you with mixed feelings, and rightfully so. It's nice to know that the Chungs will be able to continue in pursuit of the American Dream, (their court costs are about $1000, no information on whether they'll sue to recover the tens of thousands of dollars in legal fees this has cost them,) but unsettling to know that Roy will be in control of other peoples legal lives.
It just makes me wish there was some way to tell this guy what I really think of him. For instance, if I knew that his mailing address was Roy L Pearson, Jr, 3012 Pineview Ct NE, Washington, DC 20018-1617, I could write him a letter. Or if I knew that his phone number was (202) 269-1191, I could call and leave my two-cents on his answering machine. I can't even e-mail him since I don't know his e-mail address is roypearsonjr@verizon.net. Oh well, I guess there's nothing I can do. So it goes.
Tuesday, June 19, 2007
Keep Yer Pants On!
This is an updated version of an earlier post.
Just when I think I can take some time off they drag me back in! Ladies and Gentles, please join me in welcoming, a so-so human being, not much of a humanitarian, and brother this cat was never no-bodys friend, in his debut appearance in the Nation of Morons, Judge Roy Pearson! The man whose idea of a good time is suing immigrant dry-cleaners for lost trousers to the tune of sixty-five million dollars! I'm assuming they were really big pants in order to fit his gargantuan balls into them!
In a nutshell, soon after becoming an administrative hearings judge in the District of Columbia, Pearson brought in several suits to Custom Cleaners, owned by Ji Nam, Ki and Soo Chung, for alterations. When he came to pick the suits up one pair of slacks was missing. He demanded the Chungs pay him $1000 dollars, the cost of the suit, but one week later the slacks were found and the Chungs refused to pay, opting instead to return the pants to Judge Pearson.
Well guess what? Pearson refused to accept the tardy trousers, (they've been hanging in the Chungs lawyers office for over a year but Pearson claims they are not his,) and continued litigation on the basis of two signs hanging in the store. "Same Day Service" and "Satisfaction Guaranteed." Hey Roy, don't you understand that "Same Day Service" doesn't apply to every service provided? If you think you're going to have multiple suits altered in one day you must be more mentally impaired than I think. As far as the other sign, "Satisfaction Guaranteed," that's an ad slogan along the lines of "Number One Film in The Country" and "Land Of The Free And Home Of The Brave." It doesn't mean anything. Grow up you whiny fuck! The world is not here to cater to your every personal whim and desire.
Oh, my apologies dear readers. Perhaps you think I'm being a trifle harsh towards Judge Roy. Let's delve further into the case, shall we? Yes, we shall.
Pearson has been using Custom Cleaners on a regular basis even though he has had multiple disagreements with the Chungs. It's only four blocks from his house. The Chungs have made three offers to Pearson of $3000, $4600 and $12,000 only to have their offers fall on deaf ears. Apparently Pearson thinks being a judge means never having to accept "I'm sorry."
Furthermore, $15,000 of the lawsuit is earmarked for a rental car to take his buisiness to another cleaner for the next 10 years. What the fuck? Since when does the Constitution of the United States guarantee you the inalienable right to a fucking convenient drycleaner? The majority of the 65 million is calculated from Pearsons' overzealous interpretation of the Districts consumer protection law. It's only a $1500 violation per day, but Pearson has added up 12 separate violations, multiplied them by over three years worth of days and then multiplied that figure by three defendants. What a complete cunt! There is so much wrong with that, not the least of which is by suing the buisiness, you can't multiply by each defendant! How in the name of Sandra Day O'Connor did you ever get through law school, much less pass the bar!
District of Columbia Judge Neal Kravitz is set to hear the case on June 11th and has stated that this is simply a case of one plaintiff and one pair of pants. Thank god for rational human beings. Other groups and individuals in the area have gathered forces in a flood of support for the Chungs who are so distraught they are thinking of returning to their native South Korea. I can only hope the Chungs are exonerated and reimbursed for their troubles and money so far lost from the case. It's impossible to expect every American to be rational, compassionate and forgiving, but shouldn't we at least expect that of our judges?
As for Pearson, the calls are coming from all corners for his immediate disbarment and he is up for review for a 10-year renewal for his judgeship. I don't know about you, but I sincerely hope stoning or caning is brought back into fashion as punishment for filing these kinds of frivolous lawsuits. And I hope they start with Judge Roy Pearson.
UPDATE: Last week, good ol' Roy took the stand and promptly burst into tears. Between sobs and snot wipes, he explained the mental anguish this whole affair has caused him. In fact, he became so apparently distraught that a recess had to be called. Since the initial posting Pearson has reduced his price to $54 million. How nice. He has also attempted to swing the center of the trial away from the pants in order to focus on the "misleading signs" posted in the Chungs store. Meanwhile, the Chung's lawyers are attempting to portray Pearson as a disturbed crank whose recent divorce has caused him financial troubles. I'd love to hear what Mrs Roy has to say on the whole subject.
Just when I think I can take some time off they drag me back in! Ladies and Gentles, please join me in welcoming, a so-so human being, not much of a humanitarian, and brother this cat was never no-bodys friend, in his debut appearance in the Nation of Morons, Judge Roy Pearson! The man whose idea of a good time is suing immigrant dry-cleaners for lost trousers to the tune of sixty-five million dollars! I'm assuming they were really big pants in order to fit his gargantuan balls into them!
In a nutshell, soon after becoming an administrative hearings judge in the District of Columbia, Pearson brought in several suits to Custom Cleaners, owned by Ji Nam, Ki and Soo Chung, for alterations. When he came to pick the suits up one pair of slacks was missing. He demanded the Chungs pay him $1000 dollars, the cost of the suit, but one week later the slacks were found and the Chungs refused to pay, opting instead to return the pants to Judge Pearson.
Well guess what? Pearson refused to accept the tardy trousers, (they've been hanging in the Chungs lawyers office for over a year but Pearson claims they are not his,) and continued litigation on the basis of two signs hanging in the store. "Same Day Service" and "Satisfaction Guaranteed." Hey Roy, don't you understand that "Same Day Service" doesn't apply to every service provided? If you think you're going to have multiple suits altered in one day you must be more mentally impaired than I think. As far as the other sign, "Satisfaction Guaranteed," that's an ad slogan along the lines of "Number One Film in The Country" and "Land Of The Free And Home Of The Brave." It doesn't mean anything. Grow up you whiny fuck! The world is not here to cater to your every personal whim and desire.
Oh, my apologies dear readers. Perhaps you think I'm being a trifle harsh towards Judge Roy. Let's delve further into the case, shall we? Yes, we shall.
Pearson has been using Custom Cleaners on a regular basis even though he has had multiple disagreements with the Chungs. It's only four blocks from his house. The Chungs have made three offers to Pearson of $3000, $4600 and $12,000 only to have their offers fall on deaf ears. Apparently Pearson thinks being a judge means never having to accept "I'm sorry."
Furthermore, $15,000 of the lawsuit is earmarked for a rental car to take his buisiness to another cleaner for the next 10 years. What the fuck? Since when does the Constitution of the United States guarantee you the inalienable right to a fucking convenient drycleaner? The majority of the 65 million is calculated from Pearsons' overzealous interpretation of the Districts consumer protection law. It's only a $1500 violation per day, but Pearson has added up 12 separate violations, multiplied them by over three years worth of days and then multiplied that figure by three defendants. What a complete cunt! There is so much wrong with that, not the least of which is by suing the buisiness, you can't multiply by each defendant! How in the name of Sandra Day O'Connor did you ever get through law school, much less pass the bar!
District of Columbia Judge Neal Kravitz is set to hear the case on June 11th and has stated that this is simply a case of one plaintiff and one pair of pants. Thank god for rational human beings. Other groups and individuals in the area have gathered forces in a flood of support for the Chungs who are so distraught they are thinking of returning to their native South Korea. I can only hope the Chungs are exonerated and reimbursed for their troubles and money so far lost from the case. It's impossible to expect every American to be rational, compassionate and forgiving, but shouldn't we at least expect that of our judges?
As for Pearson, the calls are coming from all corners for his immediate disbarment and he is up for review for a 10-year renewal for his judgeship. I don't know about you, but I sincerely hope stoning or caning is brought back into fashion as punishment for filing these kinds of frivolous lawsuits. And I hope they start with Judge Roy Pearson.
UPDATE: Last week, good ol' Roy took the stand and promptly burst into tears. Between sobs and snot wipes, he explained the mental anguish this whole affair has caused him. In fact, he became so apparently distraught that a recess had to be called. Since the initial posting Pearson has reduced his price to $54 million. How nice. He has also attempted to swing the center of the trial away from the pants in order to focus on the "misleading signs" posted in the Chungs store. Meanwhile, the Chung's lawyers are attempting to portray Pearson as a disturbed crank whose recent divorce has caused him financial troubles. I'd love to hear what Mrs Roy has to say on the whole subject.
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