Tuesday, March 27, 2007

Man, We Hate Lawyers

  • A man whose wife died a week after she got a piece of meat stuck in her throat while eating dinner at the Chicago Yacht Club says the Yacht Club bears responsibility for her death, since its employees tried, unsuccessfully, to perform the Heimlich maneuver on her.
  • In a lawsuit filed Monday in Cook County Circuit Court, Nick Rice claims the Yacht Club, by making the attempt to save his wife's life, "assumed the duty to perform the Heimlich maneuver with due care."
  • The city of Chicago is also named as a defendant in the lawsuit, but court papers do not explain why the city is being sued.
We don't think that the Chicago Yacht Club has anything to do with the City of Chicago aside from paying some form of rent to the Park District, which we believe is in charge of the actual lakefront and harbors. We could be mistaken and if we are, someone will correct us.

But how does a lawyer make the leap from the actions of the employees of a privately run entity trying to save a woman into naming the City in a lawsuit? Any lawyers out there want to explain why this piece of crap shouldn't be strung up by his ankles, beaten raw, tarred, feathered, hanged, drawn, quartered and the pieces of his maimed corpse fed to wild pigs?

We're just wondering.

Labels:

37 Comments:

Anonymous Anonymous said...

Alright, you asked for a lawyers opinion, so here it is:

Under tort law, a person is not obligated to render aid (CPR) unless they cause the peril. That being said, if a person is not the cause of the peril but choosed to render aid, they will be shielded from liability under the good-samaritan statutes (which have been enacted in all 50 states).

Now here's where liability may arise. . . once a person begins to render aid under the good-samaritan staute, they are then obligated to follow through with that aid. Thus, they cannot change their mind and abandon their rescue efforts. Should they do so, they may be liable in tort.

In light of the above, the Yacht Club would be shielded if its workers attempted in good faith to rescue the woman. However, if they abandoned their efforts prematurely without justification, they may in fact be liable.

As far as dragging the city in as a defendant, I have no idea what the attorney's theory is on that one. I suppose they could be added as a defendant if there was some type of agency relationship between the city and the Yacht Club. Looking at it from the surface, it appears the city will be able to remove themselves from the claim on a 12(b)(6) motion to dismiss for failure to state a claim upon which relief may be granted, as an agency relationship is not apparant.

Now that I've given you this legal opinion, I have to bill you $50.00 for the 15 minutes it took me to research the issue. Feel free to donate my fee to either the American Heart Association or the Gold Star Memorial Park.

Very truly yours,

A shark with a heart. :)

3/27/2007 01:42:00 AM  
Anonymous Anonymous said...

How about acting in good faith? this society is so letigious, it is way oout of control. it is defintiely time for caps in civil cases, as well as malpractice, then maybe this stuff will stop.

3/27/2007 03:54:00 AM  
Anonymous Anonymous said...

If anyone should be sued it should be the animal that the meat came from for providing too large a portion to chew properly.

3/27/2007 05:12:00 AM  
Anonymous Anonymous said...

I hate to say it, but it sounds like they should've just let her die.

3/27/2007 07:25:00 AM  
Anonymous Anonymous said...

They may as well sue Cutco because the knife didn't properly cut the meat to a proper size for ingestion.

3/27/2007 08:11:00 AM  
Anonymous Anonymous said...

I like the opinion counsel gave, but he was acting in good faith by donating his time to SCC. Typical lawyer though, now he wants to charge... :)

JK

I think the reason they probably included the City in their lawsuit, is to say that the yacht club did not do their part in trying to save the victims wife's life. Therefore, make the City responsible for NOT ensuring that the employees at the yaht club are trained in CPR or any other type of aide.

3/27/2007 08:38:00 AM  
Anonymous Anonymous said...

210 ILCS 50/3.150

Immunity from civil liability

(a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non-emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct.

(b) No person, including any private or governmental organization or institution that administers, sponsors, authorizes, supports, finances, educates or supervises the functions of emergency medical services personnel certified, licensed or authorized pursuant to this Act, including persons participating in a Department approved training program, shall be liable for any civil damages for any act or omission in connection with administration, sponsorship, authorization, support, finance, education or supervision of such emergency medical services personnel, where the act or omission occurs in connection with activities within the scope of this Act, unless the act or omission was the result of willful and wanton misconduct.

(c) Exemption from civil liability for emergency care is as provided in the Good Samaritan Act. [see 745 ILCS 49/10, quoted below]

(d) No local agency, entity of State or local government, or other public or private organization, nor any officer, director, trustee, employee, consultant or agent of any such entity, which sponsors, authorizes, supports, finances, or supervises the training of persons in a basic cardiopulmonary resuscitation course which complies with generally recognized standards, shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful and wanton misconduct.

(e) No person who is certified to teach basic cardiopulmonary resuscitation, and who teaches a course of instruction which complies with generally recognized standards for basic cardiopulmonary resuscitation, shall be liable for damages in any civil action based on the acts or omissions of a person who received such instruction, unless an act or omission during the course of such instruction constitutes willful and wanton misconduct.

(f) No member or alternate of the State Emergency Medical Services Disciplinary Review Board or a local System review board who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.

(g) No EMS Medical Director who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.

(h) Nothing in this Act shall be construed to create a cause of action or any civil liabilities.

3/27/2007 08:43:00 AM  
Anonymous Anonymous said...

A shark with a heart:

Nice to see there is ONE good lawyer in the city.

3/27/2007 09:12:00 AM  
Anonymous Anonymous said...

WE DON'T NEED THEM! LOOK AT CORP COUNSELS OFFICE DO THEY DO ANYTHING BUT HELP PAY OUT HUGE SUMS OF OUR MONEY? I THINK NOT, COOL THOUGH THAT THEY GIVE CLOUTED COPPERS JOBS THERE!

3/27/2007 09:23:00 AM  
Blogger dilligaf said...

Sharky, quick question that really applies to all of us yokels on the street: Last time most of us were certified in cpr was a dog's age, say we try to perform cpr (a stretch I know) and do it unsuccessfully. Are we still blanketed by the GSL or would it be better to call for the parametrics? Inquiring minds want to know.....

3/27/2007 09:30:00 AM  
Anonymous Anonymous said...

The company that manufactured the eating utensils should be sued.....had they not designed that woman's knife to cut the proper sized piece of meat, and the fork to only pick up that particular sized piece, then none of this would've happened....oh, wait, what's that you say, smaller bites, you're less likely to choke.......I think that if I was the waiter, I'd have just called an ambulance and stayed out of it.

3/27/2007 09:55:00 AM  
Anonymous Anonymous said...

And the husband did what when his wife was choking to death?

3/27/2007 09:58:00 AM  
Anonymous Anonymous said...

hey lawyers, do you have only 1 year after the date of the criminal event to sue the offender civilly? i hear 1 and then i hear 2 years.

3/27/2007 10:16:00 AM  
Anonymous Anonymous said...

3/27/2007 01:42:00 AM

Q: Is it true that if you're in the ocean, a shark will not attack lawyers, out of professional courtesy?

:P

Also, she should have chewed her food more thoughly... or maybe she accidently inhaled the portion after recieving the bill!

3/27/2007 10:17:00 AM  
Anonymous Anonymous said...

YEAH, HE PROBABLY DOESN'T HAVE ENOUGH MONEY ALREADY, CONSIDERING THEY WERE EATING AT THE YACHT CLUB AND HE WILL BE GETTING THE TAX FREE BIG ONE.

3/27/2007 12:08:00 PM  
Anonymous Anonymous said...

Saw it on the NEWS! Lawsuit, police shoot handicapped man armed with knife. Police should have talked to him more.(verbal judo) Why did they not gang tackle him? Or try O.C.? Spray close his door and wait.....

3/27/2007 12:38:00 PM  
Anonymous Anonymous said...

I'm a lawyer dealing with civil rights issues on a daily bassis. I love all Chicago police officers because their stupidy and lack of education keeps my wife driving her new Bentley. My "little" home in Barrington is paid in full and I pray for more police officers of your ilk.
Beat them perps!

3/27/2007 01:17:00 PM  
Anonymous Anonymous said...

The city is named in this suit because they do not fight any litigation = they just settle with all.

3/27/2007 01:36:00 PM  
Anonymous Anonymous said...

Cook County Motto....... Have asinine idea, get lawyer, sue! It matters not what the meat of a suit is (pun intended), but that you have an attorney to argue the case. Cook is one of the three most liberal counties in the country that has in the past awarded HUGE settlements to frivolous lawsuits. Justice prevails, not.

3/27/2007 02:29:00 PM  
Anonymous Anonymous said...

Very truly yours,
A shark with a heart.


You might as well have signed off as a unicorn.

Neither one of you exists.

3/27/2007 02:29:00 PM  
Anonymous Anonymous said...

the wifes family should sue the husband for bringing her to the floating McDonalds wha a cheap ass

3/27/2007 02:40:00 PM  
Anonymous Anonymous said...

SCC, if you get a bill for $500, it's from the shark with a heart. and to the asshole lawyer poster w/the hard-on about the CPD, go and fuck yourself

3/27/2007 05:54:00 PM  
Anonymous Anonymous said...

They should sue the cosmetic dentistry practice that installed the womans dentures!

3/27/2007 07:02:00 PM  
Anonymous BCC said...

I'm a lawyer dealing with civil rights issues on a daily bassis. I love all Chicago police officers because their stupidy and lack of education keeps my wife driving her new Bentley. My "little" home in Barrington is paid in full and I pray for more police officers of your ilk.
Beat them perps!

3/27/2007 01:17:00 PM

We love Chicago coppers too...and they'll probably be the poor guys scraping up your asshole wife when she drives her Bentley into a pole after too many appletinis. And then you'll sue the City and the pole.
P.S. Get yourself a spell-checker. Looks like you got your law degree off the back of a cereal box.

3/27/2007 07:05:00 PM  
Anonymous richard j. brzeczek, esq. said...

10:16 AM

Based on the Illinois statute of limitations, a civil plaintiff must file within TWO (2) years of any and all violations alleged in his filed complaint. This includes Federal Court.

Sorry for partially destroying your federal lawsuit (126 F.3d 1024) before you fired me, Northside.

I would never sabotage your case. It was just my incompetence and gross stupidity. I wasn't aware of the statute of limitations. I swear.

3/27/2007 07:33:00 PM  
Anonymous Anonymous said...

I've been pondering this for some time now. It merges with my thoughts of the days when I was a new guy, working hard and couldn't understand why the older guys seemed to be laying down. They would say they yearned for the old days.

The job had changed for them. In my 27 years, it's changed for me. It has and will always evolve. Right now our togetherness towards our fellow officer is absent as evidenced by reading this blog. Our credibility in court is shot. Our relationship to the general public is the worst it's ever been.
So here's a start.

Put those cameras in every car in the fleet. Turn them on when you see the things only we see, but the public doesn't. Remember to conduct yourself as the professionals that we are and that 99% do every day.

And then get those videos out to the public. If the department or our friends in the local media (oxymoron) won't, YouTube the shit out of them. We need help! Show 'em what we're up against.

3/27/2007 07:55:00 PM  
Anonymous Anonymous said...

Hey lawyer with the Bentley! Word is your wife likes the back seat on all fours. Really soft leather in those things.

3/27/2007 07:56:00 PM  
Blogger sharky said...

To Dilligaf:

It wasn't me who said anything about the Heimlich maneuver thread. That's way out of my area of expertise, but I'll ask a lawyer friend and see what he has to say. Give me a day or two

3/27/2007 07:57:00 PM  
Anonymous Anonymous said...

And speaking of the Chicago Yacht Club, they pay almost nothing to the park dist. for that prime piece of real estate. Another sweetheart deal worked out many many years ago. The majority of it's membership are the ultra rich from the north shore (including our mayor who gets a free membership for being our mayor). No cash accepted there, Members Only cards accepted, and billed monthly.

3/27/2007 08:31:00 PM  
Anonymous Anonymous said...

Maybe she should have cut smaller pieces. Sounds to me like she's to blame!!

3/27/2007 08:33:00 PM  
Anonymous Anonymous said...

3/27/2007 07:33:00 PM

COOLEY! COOLEY!

How the hell are ya, Bobbie?

R.

3/27/2007 09:07:00 PM  
Anonymous Anonymous said...

Yes this is a litigious society. But when you ain't got squat to begin with, anything and any port (no pun intended) in the storm sounds good. Everybody wants money, more money, without working for it and that's the problem. Hell, I should have sued when I took a big boss' check to his home and fell on his cracked sidewalk and bruised a few ribs. I had a hard time inhaling for awhile but didn't tell too many people because I blamed it more on my lack of grace running up to his door. What was I thinking? I could be retired in Hawaii now. Damn.

3/27/2007 09:09:00 PM  
Anonymous Anonymous said...

Many lawyers, upon becoming lawyers, shift their moral compass away from doing what's right to doing what they can get away with legally. Sure, it's sad and it's sick, but they do it anyway.

Question: Why is there a private yacht club on our public beach?

3/27/2007 09:30:00 PM  
Anonymous Anonymous said...

I am thinking about suing the city if we get the Olympics because of the pollution it will cause. The city is a cash cow, they give out money to anyone.

3/27/2007 10:25:00 PM  
Anonymous Anonymous said...

Anonymous said...
And the husband did what when his wife was choking to death?

3/27/2007 09:58:00 AM

Probably running around screaming at somebody to "Do something! Don't you know who I am?"

Next time, try chewing your food 40 times before swallowing.....

3/28/2007 12:38:00 AM  
Anonymous Anonymous said...

Cameras in a squad car surely can be a great partner and friend to us.YEs we have to curb certain language at times.buswearing at a violent offender giving him directions to cease and desist is fine..It would help.Just look at the citys reporting system for crimes ever since caps the tweak paper work to work for the city to make it appear less violent.the only thing you cant hide is violent deaths.as far as law suites nothing wrong with suing an offender who injured you so bad that you are not able to return to your job.I would give any thing to be in fullhealth like I was before the incident.But hey there is so much we can control .we must accept it sue and move forward.Believe it or not the corp council will fight certain cases.I saw first hand and there was no way I was going to let the scum get paid by the city.you have to take the corp councel by the hand and force the ,make them see the trueth and what is right.not cut run and pay out.WE all knowshit rolls down hilland there is a big crapper at the helm

3/28/2007 08:48:00 PM  
Anonymous Anonymous said...

thats it im getting a lawyer to sue scc i now have an addiction to blogging thanks, lol, keep up da blog. TO THE LAWYER WITH THE Bentley I JUST DROPPED MY CPD SEED IN YOUR WIFE AND IN 9 MONTHS SHE'LL HAVE A NORMAL CHILD

3/29/2007 12:15:00 AM  

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