Weird Lawsuit

todder
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Sw, WI US
Edited Date/Time 1/24/2012 5:47pm
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CR500Rider
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San Antonio, TX US
3/11/2009 3:13pm
As soon as that dirt bike touched the road those boys were in the wrong.
jeffro503
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St Helens, OR US
3/11/2009 3:13pm Edited Date/Time 4/16/2016 10:53pm
Sounds like both the young dudes are still riding by looking at this message board. >>>> http://supercross.loopd.com/Members/Igot1foot/Comments.aspx .

Even though the posts are a couple years old....i think it happened after the accident since one of the boys lost a foot.

The one boy Scott looks to be a pretty good INT rider >>>> The 250 Intermediate race was an all-out war between Bryce Vallee, Scott Agostini, Elia Zinetti and Michael Leib. Vallee went 1-1 with Agostini getting second with a 2-3. Michael Leib went 6-2, after a fall in moto one, but couldn't handle Vallee in moto two. Bryce Vallee would come back to win the 450 Intermediates later in the day. Link here >>>> http://www.motocrossactionmag.com/ME2/dirmod.asp?sid=&nm=&type=news&mod…


WTF we're they doing riding in an area where there might be cars or trucks....sounds like teenage stupidity to me.
Dewey137
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Huntington Beach, CA US
3/11/2009 3:14pm
seems like a lose-lose situation. Unfortunately they should have looked before crossing the intersection. People need to stop this "some one got hurt so some one has to pay" mentality. everyone is at fault. the city for not maintaining there landscaping, the kids for not using better judgment and looking before you cross an inersection and the parents for letting kids ride dirt bike through the neighborhood. like i said a lose-lose situation for everybody
andymoto
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Carmichael, CA US
3/11/2009 3:34pm
It’s ridiculous to pile all the blame on the parents, when the city has failed to keep the streets safe for people to use. It looks as if the city is trying to blame others without acknowledging that it too had a part to play in this tragedy..

The Shop

3MTA3
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San Clemente, CA US
3/11/2009 4:07pm
I live REALLY close to where this happened. A bad situation for sure, but no reason to burden the CA taxpayer. Stupidity at it's finest!
3/11/2009 4:22pm
That's a pretty biased blog from an ambulance-chasing trial lawyer. Just sayin.
IntenseRider
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Mc Donald, PA US
3/11/2009 9:19pm
I love how the city originally also sued the driver of the BMW (Pastore), but then dropped that suit. Good God...our country is going downhill fast.

manering
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CA US
3/11/2009 9:54pm
im sure jlaws got something to do with thisBlink
numba1 fan
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3/11/2009 10:47pm
sorry i forgot you guys are angels....shit happens.

a simple mistake can change your life in a second.... doesnt mean your stupid
3MTA3
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3/11/2009 11:01pm
numba1 fan wrote:
sorry i forgot you guys are angels....shit happens.

a simple mistake can change your life in a second.... doesnt mean your stupid
Getting the courts involved in this situation is about as stupid as it gets. I feel sorry for anyone who had to sit through these bullshit proceedings, and people wonder why our court system is so f n jacked!

numba1 fan
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3/11/2009 11:29pm
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
SteveS
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WV US
3/12/2009 6:24am
The thing that could have been done to prevent it was not riding a dirt bike (unlicensed) on the street (illegal) when you are underage (unlicensed and illegal) and carrying a passenger on a bike not designed for it (unsafe, illegal in some places). This was compounded by shooting across the road without stopping in the path of a car which was using the road legally.

With all of that, they think they have a leg to stand on in court because of shrubbery?
GHOPPER
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San Diego, CA US
3/12/2009 6:41am
come on SteveS, your making too much sense.
IntenseRider
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3/12/2009 6:57am
SteveS wrote:
The thing that could have been done to prevent it was not riding a dirt bike (unlicensed) on the street (illegal) when you are underage (unlicensed...
The thing that could have been done to prevent it was not riding a dirt bike (unlicensed) on the street (illegal) when you are underage (unlicensed and illegal) and carrying a passenger on a bike not designed for it (unsafe, illegal in some places). This was compounded by shooting across the road without stopping in the path of a car which was using the road legally.

With all of that, they think they have a leg to stand on in court because of shrubbery?
x1!

To me, this is such a prevalent probelm in our society today. Nothing is my fault and if something happens, then I'll just sue.

This is like the Raleigh bicycle case that went to court because some dumbass rode the bike at night and hit a car. Raleigh was at fault beacuse they didn't put a sticker on the bike warning you that riding at night is dangerous. They ended up settling out of court for a big wad of cash.

I'm sympathetic for the person that suffered the injury, but they were completely at fault.
the_wood109
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Edgewater, FL US
3/12/2009 6:58am
numba1 fan wrote:
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to...
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
You mean like not riding in the street?
jeffro503
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3/12/2009 7:47am Edited Date/Time 3/12/2009 7:48am
numba1 fan wrote:
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to...
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
Stupid fuggin' post dude! You missed the entire point of the guy who posted below you. What the hell we're the kids doing on the god damn street in the first place? Those two kids are a 100% liable! They should have not been there to begin with. I feel sorry for the kid who lost his leg , but to be honest....he learned an extremely hard lesson in life! They we're both breaking the law weather anyone wants to admit or not.....i feel sorry for the chick in the BMW.
todder
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3/12/2009 8:01am Edited Date/Time 3/12/2009 8:01am
If that were my kids I would just be thankful they are alive after being so stupid. 100% blame on the kids.
mx42
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Hastings, MN US
3/12/2009 8:04am Edited Date/Time 4/16/2016 10:54pm
SteveS wrote:
The thing that could have been done to prevent it was not riding a dirt bike (unlicensed) on the street (illegal) when you are underage (unlicensed...
The thing that could have been done to prevent it was not riding a dirt bike (unlicensed) on the street (illegal) when you are underage (unlicensed and illegal) and carrying a passenger on a bike not designed for it (unsafe, illegal in some places). This was compounded by shooting across the road without stopping in the path of a car which was using the road legally.

With all of that, they think they have a leg to stand on in court because of shrubbery?
x1! To me, this is such a prevalent probelm in our society today. Nothing is my fault and if something happens, then I'll just sue. This...
x1!

To me, this is such a prevalent probelm in our society today. Nothing is my fault and if something happens, then I'll just sue.

This is like the Raleigh bicycle case that went to court because some dumbass rode the bike at night and hit a car. Raleigh was at fault beacuse they didn't put a sticker on the bike warning you that riding at night is dangerous. They ended up settling out of court for a big wad of cash.

I'm sympathetic for the person that suffered the injury, but they were completely at fault.
Exactly. Almost as bad as someone coming to rob your house and get hurt on your property, then sue YOU. Time for people to take responsibility for their actions. They should not have been on the street period.

You brought up Raleigh bicycle's lawsuit.....I remember hearing the one about RV'S. If you own one, look in your manual and you'll most likely see a warning that if you use the cruise control option, you CAN NOT get up and leave the driver's seat.
Apperently there was an idot that set the "auto cruise" and then decided to go back and get a pop out of the fridge. After the Rv crashed, he sued the maker for not warning him that this was not ok.

Sometimes it is just nature weeding out the stupid.
RNagy052
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Bryceville, FL US
3/12/2009 8:25am
numba1 fan wrote:
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to...
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
Yea, like the kid not taking his dirt bike out on the street. Do you think that might have prevented it? But hell why take responsibility for ones actions anymore, just blame someone else, that is the new American way.

I hope the city wins this one.
txmxer
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3/12/2009 8:50am
todder wrote:
If that were my kids I would just be thankful they are alive after being so stupid. 100% blame on the kids.
the actual incident...but, the parents have their own share of the blame for this as well.

But, it's very sad that it happened. Such is life.
mx42
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3/12/2009 9:18am
todder wrote:
If that were my kids I would just be thankful they are alive after being so stupid. 100% blame on the kids.
txmxer wrote:
the actual incident...but, the parents have their own share of the blame for this as well.

But, it's very sad that it happened. Such is life.
Were the parents there? Did they know that the kids were riding out on the street?

If they were there and knew the kids were out there, then yeah, a good part of responsibility lies with them. But if they were not at home and didn't know the two were out riding around on the street, then I can't see puting any blame on them.

You can teach your kids right from wrong til' your blue in the face, but when your not there for a minute, it is up to them to make the decision and take the responsibility of their actions.

Bad accident indeed, but the bottem line is...they should not have been out on the road.

mx757
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Pueblo, CO US
3/12/2009 9:57am
I wish that the court system would just use some common sense on things. The lady that sued mcdonalds because the coffee she spilled on herself burned her legs should have been immediatly thrown out of court. "oh there was no warning that it was hot whaaaa" is bs.

the worst part is when I broke my leg in november of 07 my mom was asking me if I called a lawyer about it. the 1st thing I asked is "why? it was my fault" and she goes "well the boots shouldnt have flexed like that and let your leg break" I hate to say it, but half of my family would do the same thing this family is trying to pull off.
txmxer
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3/12/2009 10:09am
todder wrote:
If that were my kids I would just be thankful they are alive after being so stupid. 100% blame on the kids.
txmxer wrote:
the actual incident...but, the parents have their own share of the blame for this as well.

But, it's very sad that it happened. Such is life.
mx42 wrote:
Were the parents there? Did they know that the kids were riding out on the street? If they were there and knew the kids were out...
Were the parents there? Did they know that the kids were riding out on the street?

If they were there and knew the kids were out there, then yeah, a good part of responsibility lies with them. But if they were not at home and didn't know the two were out riding around on the street, then I can't see puting any blame on them.

You can teach your kids right from wrong til' your blue in the face, but when your not there for a minute, it is up to them to make the decision and take the responsibility of their actions.

Bad accident indeed, but the bottem line is...they should not have been out on the road.

you might be right to a degree.

I was basing my comment on the article. It says that the kids regularly rode their bikes around the neighborhood.

If you are a parent of a 13 year old, you should know where you kid is and what he/she is doing to a large extent. Especially when it comes to riding a motorcycle.

Then there is the basis for the lawsuit...the city should have made the intersection safe for the kids to do what they did. That implies that they feel it is expected and acceptable for the kids to be riding where they were. Thus, the parents are at fault.
mx42
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3/12/2009 10:21am Edited Date/Time 4/16/2016 10:54pm
Good points. I guess I overlooked where it said they regularly rode like that.
So I agree they also are partly to blame.
I also think they, the parents, should pay any and all court fees for such a lame suit!
The only lawsuit I think could hold ground would be that of the passenger suing the driver(of the bike), even though I'm sure he was not forced to hop on the back.
numba1 fan
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San Diego, CA US
3/12/2009 12:58pm
numba1 fan wrote:
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to...
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
You mean like not riding in the street?
no shit...the cities arguing they shouldnt have been there and theyre arguing that this could have been prevented if the intersection was visable....they werent riding in the street either, they were on a trail that followed out to the street and they couldnt see cause their vision was blocked by the shrubs...you guys are sounding like a bunch of cops on here...never ridin your mini bike from your house to go hit some near by trails??
Tiki
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Fantasy
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3/12/2009 1:05pm
CR500Rider wrote:
As soon as that dirt bike touched the road those boys were in the wrong.
I agree with that as well. Sadly due to the way things are some Lawyer will try to make it out that they weren't at fault.
3MTA3
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3/12/2009 1:30pm
numba1 fan wrote:
no shit...the cities arguing they shouldnt have been there and theyre arguing that this could have been prevented if the intersection was visable....they werent riding in...
no shit...the cities arguing they shouldnt have been there and theyre arguing that this could have been prevented if the intersection was visable....they werent riding in the street either, they were on a trail that followed out to the street and they couldnt see cause their vision was blocked by the shrubs...you guys are sounding like a bunch of cops on here...never ridin your mini bike from your house to go hit some near by trails??
Don't get it twisted....I am far from a fat jelly eating pig!

Have you forgot where this took place? You live in Orange fucking County! Where is it even remotely legal to ride over there by San Juan Creek?

I don't care if it's a green, red, or f n purple sticker, you can't do it! I am assuming you have participated in this judicial nonsense already, so maybe you can take some of that motivation and focus on what you can do to change the LAWS. You give OC finest way too much credit, they are nothing more then pawns in the system.

Someone fucked up, it's sad, but take some god damn accountability for fucks sake!

I feel better now...carry on

txmxer
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Weatherford, TX US
3/12/2009 1:50pm
numba1 fan wrote:
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to...
hmm tell me if your kid had to have his leg amputated and almost died you would just let it go....something could have been done to prevent it and thats what they are arguing....im sure that hospital bill wasnt expensive either
You mean like not riding in the street?
numba1 fan wrote:
no shit...the cities arguing they shouldnt have been there and theyre arguing that this could have been prevented if the intersection was visable....they werent riding in...
no shit...the cities arguing they shouldnt have been there and theyre arguing that this could have been prevented if the intersection was visable....they werent riding in the street either, they were on a trail that followed out to the street and they couldnt see cause their vision was blocked by the shrubs...you guys are sounding like a bunch of cops on here...never ridin your mini bike from your house to go hit some near by trails??
the point is, it could have been prevented if they were not in the street.

And, for the sake of argument, say it wasn't illegal for them to cross the street. Still does not give them the right of way. The right of way belongs to those already in the normal flow of traffic. If they stopped and looked for cars prior to entering the traffic, it would not have happened.

Sad, but true. The specific incident is 100% the fault of the rider.

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