Post by deembastille on May 2, 2018 23:08:03 GMT
Well, anyhow...
The case that really upset me yesterday (4/30/18) was the little girl who ran into the side of the plaintiff's car and damaged her mirror. JJ sided with the kid and wouldn't award the plaintiff any damages to repair her mirror.
1. JJ said her car must have been moving faster than a crawl, because the girl had some serious injuries. Sorry, JJ - if the kid ran into a brick wall she would suffer serious injuries as well. The wall is stationery, so no go there.
2. JJ asked the plaintiff if the girl got killed instead of serious injuries, would she still be suing for money. The woman stumbled, said she didn't want to answer the question, and JJ was furious. If I were the woman, I would have said "No, I wouldn't...but on the other hand, if she didn't receive any injuries, I still would. So this case lies in the middle of two different endings."
3. JJ was rather upset with the crossing guard. Why? Most crossing guards go through an extensive background check, are trained by the police academy, and often employed by the local police (in my state, at least). If this was an off-duty or retired cop (which she didn't ask him), would that make him more 'credible'?
Thoughts?
i wasn't able to see the episode but i'd have a problem with a crossing guard who is involved with a child getting hit by a car or anything. for those twelve seconds, that child is in your custody. your job as a crossing guard is to make the cars stop BEFORE the people start to cross. then once cars have begun to behave themselves, you beckon the pedestrians to cross. this is just common knowledge and common sense.
the thing about a child running into a wall versus running into a still car... the thing moving faster will get less damage than the thing standing still or moving slower. i was involved in a 't bone' type incident while driving through an intersection in nyc where the sides of the street were separated by a median of foliage. the foliage made it impossible for me to see anything so i inched and inched and inched (i did have the right of way) and BOOM. here comes this van who ends up having a dented fender and a broken axel. i had the front of my car all bashed in. i was going under 5 miles an hour and i got the most damage. even the tow truck driver who was towing my car when he took a look at the vehicles was like: you were like, still, right? i said nearly, inching out to see.
so it is not hard to see why if the woman was standing still and anyone ran into her car and broke anything, how she fails to see anything as being her fault.