Maybe she opened her arms and created "an attractive nuisance"....she might also have been contributorily negligent
US national sport redux
Re: US national sport redux



Re: US national sport redux
Well possibly, but he was only 8 at the time; how attractive could a 54 year old nuisance be to him?
- Sue U
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Re: US national sport redux
The extent of injury was most probably not even a consideration; the way a jury verdict form is usually organized, they probably never even got to that question, but found for the defendant either on duty or negligence, at which point deliberation stops. I was once no-caused in a death case after 30 minutes of jury deliberation -- and the defendant had even effectively admitted his negligence while I had him on the witness stand. There are myriad reasons a jury might return a defense verdict -- or award a very low or very high amount in damages -- which is why going to trial is always a substantial risk for both sides.Long Run wrote:On the other hand, it is hard to imagine a jury spending only 20-25 minutes if they believed the aunt had been seriously injured.
GAH!
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oldr_n_wsr
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Re: US national sport redux
Maybe she opened her arms and created "an attractive nuisance"....[/quote]Lord Jim wrote:she might also have been contributorily negligent
Reminds me when I was young there was a house being built and us kids would go play in the partially built shell. One day the cops came by and loaded a couple of us in the squad car and took us to our parents. He went on to say how it was private property and we shouldn't be playing there......
A family friend (lawyer) wanted to sue saying it was an "attractive nuisance" and the property should have been "fenced in" as they should have known us kids would go and play there. My parents declined but about a week later the property was fenced in. house took another 6 months to be finished.
Re: US national sport redux
Sue for what? Was someone injured?
Attractive nuisances that must be secured do exist (swimming pools, e.g.), but if no one was injured I fail to see the basis of the suit.
Attractive nuisances that must be secured do exist (swimming pools, e.g.), but if no one was injured I fail to see the basis of the suit.
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oldr_n_wsr
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Re: US national sport redux
You got me, I was 8 (maybe 10) at the time.Big RR wrote:Sue for what? Was someone injured?
Attractive nuisances that must be secured do exist (swimming pools, e.g.), but if no one was injured I fail to see the basis of the suit.
Re: US national sport redux
Well I'm certainly not close to being 54, but as I said earlier, my boyz still run and jump at me, so "attractive" is all relative.Big RR wrote:Well possibly, but he was only 8 at the time; how attractive could a 54 year old nuisance be to him?
“I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.” ~ Ruth Bader Ginsburg, paraphrasing Sarah Moore Grimké