22 November, 2018 11:00

Earlier, I wrote how the Indiana cap on a single tort recovery meant seven bereaving families and more than forty injured , including a young paraplegic, could not receive more than five million dollars in total. With mounting medical expenses and deaths, the families of a full recovery. Today, The Cincinnati Enquirer profiled the tragic consequences on Cincinnatians.

One was 24-year old Meagan Toothman, killed during the stage collapse. A beautiful young blond with an engaging smile, this graduate of Turpin High school was beloved in Anderson. An athlete dedicated to children, she already had a psychology degree from Wittenberg, a masters of education, and studying graduate school psychology. Turpin’s cheerleading coach. Meagan was about to intern in the West Clermont school district. This young woman who touched so many lives already, who led a life of valor and value, cannot be fully recognized for who she was and what she meant to her loved ones and community for the “tort caps” mean that the value of her life is “capped.” With seven dead , forty injured, and a five million dollar cap on any single accident in Indiana, there is not enough money to go around even to pay for the mounting medical bills of the survivors. How then will the law value the life of a valiant young woman who was cherished, nurtured, and now a leader ready to contribute so much to our community? Tort caps prevent such a full legal reckoning of this loss.

What will happen to Shannon and Jade Walcott? Thirty-five year old Shannon was without health insurance when the stage collapsed. Her daughter, eleven-year old Jade, was hospitalized until September 30th with a fractured skull, fractured neck vertebrae and other injuries. Shannon suffered a broken pelvis and ribs, and complications from a collapsed lung. She worked at three jobs before the stage collapse and has not returned. While confidentiality does not allow for discussion of the settlement offers, articles indicate that Jade and Shannon could not have been offered more than a percentage of their mounting medical bills with little to cover what might be the long recovery of the two in the future. Jade and Shannon have reached out for charity donations to “Jade’s Journey” and the “Shannon and Jade Recovery Trust.” Is charity a good substitute for a fair settlement of these tort claims? Does any reader truly believe the long-term costs of a young girl with a fractured skull and battered spine would likely be covered by contributions by neighbors, however well-meaning and generous these neighbors may be?

Stories like these show why the concept of “tort caps” prevents justice for the victim. Victims need to be compensated so they are made whole. This is not a radical new concept. In contrast, long before there was even democracy in much of the world, there were torts. From ancient times, societies have recognized the need to compensate a man, a woman, a child. injured as a consequence of negligence or wrongdoing. It is the traditional and time-proven way of providing civil justice. The new-fangled concept of “tort caps” fails to take in account the recognition that we cannot let the injured beg for charity when they are crippled by another. We cannot diminish the value of an exemplary life. We cannot “cap” justice for when we do so we fail to want to value each life as if our own, precious and unique.

For more on the Indiana stage collapse, please see today’s The Cincinnati Enquirer, Forum at p.1, “Mother of Stage Collapse Victim Carries On.” and my earlier blog entries.

The Daily Roundup: Christmas Eve Edition

December 25, 2011

Santa Claus. The mere mention of the legendary gift-giver’s name evokes an emotional response in children and adults the world over, somewhere in between awe and unadulterated glee. And how could you not like the guy? He delivers a mind-blowing number of gifts to children all around the world in a single night, and graciously accepts nothing more than a few cookies and some milk in return. Well, even the most charitable among us is no longer safe from the litigious society that America has become. Check out these Grinches who want to sue Santa Claus:

A UK woman is suing Santa for negligence after tripping on a stray icicle and breaking her hip. She argues that Santa or one of his elves should have spotted the icicle ornament, which had fallen off a nearby Christmas tree.

The FTC has Charged Santa Claus a Record Fine for Violating Children’s Privacy, according to Jeff Jarvis of Huffingtonpost.com. Thanks to the Law and Humanities Blog for the tip!

After several injustices over the years, including trespassing and breach of contract, Nick Farr of abnormaluse.com has reached the only logical conclusion: I Must Now Sue Santa.

And now, a few warnings about some of the more extravagant items you might have on your wish list this year:

You'll shoot your eye out!

When it comes time to get your new Ferrari serviced, choose your mechanic wisely. One Ferrari enthusiast learned this the hard way when he took his prancing horse to the Ferrari Centre in Kent, England. After service and maintenance, a technician totalled the Italian exotic while testing it out on a nearby highway– at 80 mph. Bad enough for the owner, but the technician was paralyzed in the incident and is now suing the shop for requiring him to test the vehicle on a public road.

And finally, while you will be tempted, you must resist the temptation to ride your brand new Segway scooter blindfolded through an obstacle course without a helmet on. As one Connecticut man can attest, the resulting brain damage is not worth the $10 million he received in damages.

Merry Christmas, everyone!

By: Mike Hess, Legal Assistant, Greg S. Young Co. L.P.A.

Young on Torts in Law, Life, and Popular Culture