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Friday, June 01, 2007
Comparative legal analysis | ![]() ![]() ![]() ![]() ![]() ![]() |
What do these two suits have in common?
”Couple sue Wal-Mart over slip in vomit“
(AP/Nashville Tennessean)
and
“ACLU: Boeing offshoot helped CIA“
(AP/Houston Chronicle)
Simple:
- They each have a distinct odor associated with them
- They’re both based on slippery circumstances
- They’re both as baseless as the day is long
Only one of them, however, appears to have been categorized by the Associated Press as an “Odd Story”. So let’s look at that one first:
Couple sue Wal-Mart over slip in vomit
DAVENPORT, Iowa (AP)—A woman’s fall in a puddle of vomit has resulted in a lawsuit against Wal-Mart. June Medema, slipped in the vomit at a Davenport Wal-Mart on June 13, 2005, according to the lawsuit, filed by Medema and her husband, James, in Scott County District Court earlier this month.Medema claims that she was seriously injured in the fall.
The lawsuit alleges that Wal-Mart’s negligence led to Medema’s fall, but it does not specifically say how the store was negligent.
John Simley, a Wal-Mart spokesman, decline comment saying he hadn’t seen the lawsuit.
The lawsuit claims that Medema suffered serious neck and upper back injuries in the fall and has undergone several surgeries and is unable to work.
It’s a mercifully short story, so it’s included here in its entirety. All you need to know is in that third paragraph - “...but it does not specifically say how the store was negligent.” In order to prove negligence, of course, the Medemas will have to prove that Wal-Mart knew the vomit was puddled on the floor. Which will be rather difficult - if they didn’t see it, why should Wal-Mart have done so?
As to the second story, I can completely understand the ACLU going after a Boeing subsidiary - They can’t sue the US government or the CIA on a classified matter, so they simply picked someone else in the transaction chain to sue.
NEW YORK — A Boeing Co. subsidiary that may have provided secret CIA flight services was sued Wednesday by the American Civil Liberties Union on behalf of three terrorism suspects who claim they were tortured by the U.S. government.
The lawsuit charges that flight services provided by Jeppesen Dataplan Inc. enabled the clandestine transportation of the suspects to secret overseas locations, where they were tortured and subjected to other “forms of cruel, inhuman and degrading treatment.”
The ACLU, of course, has been known to provide valuable legal services. They’ve also been known to tilt at windmills in pursuit of an agenda that tends to be decidedly leftist. Not “liberal” - leftist. As I said, I can understand their grasping at straws to find someone to sue, because money-grubbers have to go where the money is, even if they expect to get no money out of the matter.
I just can’t understand why they think their suit will survive a summary judgment request. Jeppesen Dataplan didn’t man the flight, didn’t own the plane, and didn’t load or unload alleged passengers from the alleged extraordinary alleged rendition alleged mission. Jeppesen provides flight planning services. Logistics.
Undaunted by this bit of reality, the ACLU soldiers on:
The ACLU said the company “either knew or reasonably should have known” that they were facilitating the torture of terrorism suspects by providing flight services for the CIA.
That’s one of the ten most absurd things I’ve read in the last 48 hours. Having been on flights which used the services of flight planning companies like Jeppesen, and having occasionally been with the pilot when he was planning the flight, I’m comfortable asserting that in no case did a flight services vendor demand to know, let alone show even the slightest interest in, what the purpose of the flight was. Which is just as well - it would have been none of their business, and they’d have been told as much.
It occurs to me that there are two other things these two suits have in common - they’re both weakly disguised fundraising attempts, and neither one will be successful at anything other than garnering publicity for its plaintiff.
Also posted at issuesblog.com
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