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Blizzard of '07


im rick james

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Well the good news is part of the course deals with being nervous about doing the wrong things and about being sued (not a problem due to Good Samaritan Laws)!

 

Get Trained! You might just be able to save a life one day. Push to get friends and co-workers trained. The life they may save might be yours!

 

I would just like to add that "Good Samaritan Laws" do not offer absolute immunity from civil liability. Here is the Pennsylvania statute on point. Looking at the statute, you won't be covered if you (1) aren't currently certified; or (2) do something wrong (that was against your training in your certification).

 

*****

42 Pa. Cons. Stat. Ann.

Edited by Melissa
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In order for any person to receive the benefit of the exemption from civil liability [the Good Samaritan must be] the holder of a current certificate by the American National Red Cross or the American Heart Association

 

 

 

 

Pffftt...in other words, a Good Samaritan is only someone with a current certificate, so never help anyone because of scumbag lawyers and suit-happy dirtballs. No offense meant, Melissa.

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In order for any person to receive the benefit of the exemption from civil liability [the Good Samaritan must be] the holder of a current certificate by the American National Red Cross or the American Heart Association

 

 

 

 

Pffftt...in other words, a Good Samaritan is only someone with a current certificate, so never help anyone because of scumbag lawyers and suit-happy dirtballs. No offense meant, Melissa.

 

It's true--mostly because we don't need people who watch Grey's, ER, or Rescue 911 (some of you might be old enough to remember that one) to think they can help someone in a car accident when in fact they might be seriously making the situation worse! Also, I'm the sweetest scumbag lawyer you'll ever meet, right Ski? Jk.

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It's true--mostly because we don't need people who watch Grey's, ER, or Rescue 911 (some of you might be old enough to remember that one) to think they can help someone in a car accident when in fact they might be seriously making the situation worse! Also, I'm the sweetest scumbag lawyer you'll ever meet, right Ski? Jk.

 

Okay, but just humor me for a moment and take a look back in time, or at nearly every other modern-day culture.

 

Someone drives their car into a telephone pole and smashes their head into the windshield and is bleeding profusely and is too dazed from the concussion to apply pressure to the wound. Anyone with common sense would know to apply pressure to the wound and no special skill is involved. In New Jersey, you risk losing your house and all of your savings for pulling your car over and perhaps saving that person's life, according to case law. The Good Samaritan in that case testified he believed the victim was going to die if he didn't help. The jury didn't care. The defense attorney made a wonderful closing argument, describing a scene in which people just pulled over and watched the victim bleed to death, some taking photos, others describing the scene to friends on their cell phones.

 

If an injury is made worse 5% of the time, but other situations are made better 20% of the time, lawyers have made certain those 20% victims are guaranteed not to be helped.

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Okay, but just humor me for a moment and take a look back in time, or at nearly every other modern-day culture.

 

Someone drives their car into a telephone pole and smashes their head into the windshield and is bleeding profusely and is too dazed from the concussion to apply pressure to the wound. Anyone with common sense would know to apply pressure to the wound and no special skill is involved. In New Jersey, you risk losing your house and all of your savings for pulling your car over and perhaps saving that person's life, according to case law. The Good Samaritan in that case testified he believed the victim was going to die if he didn't help. The jury didn't care. The defense attorney made a wonderful closing argument, describing a scene in which people just pulled over and watched the victim bleed to death, some taking photos, others describing the scene to friends on their cell phones.

 

If an injury is made worse 5% of the time, but other situations are made better 20% of the time, lawyers have made certain those 20% victims are guaranteed not to be helped.

 

Hey, no one said the law is fair... which is why the courts of equity were created in England and imported to America. :)

 

Don't worry though, Ski, I agree with you. It's the same idea as suing the doctor for med mal who performs surgery without which the patient will die, and then the patient dies from complications of the risky surgery. Is it better to try or not try at all?

 

Finally, I'd like to remind everyone that it isn't up to the judiciary to decide whether a law like this is fair or not--they just apply the law as written. Attorneys who file suits under such a law are really just following the rules. If you don't like the law, complain to the LEGISLATURE:) Those are the guys who passed the law to begin with... The judiciary cannot change the law, we can only apply it:)

 

I think we've alienated everyone else from this discussion:)

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Finally, I'd like to remind everyone that it isn't up to the judiciary to decide whether a law like this is fair or not--they just apply the law as written. Attorneys who file suits under such a law are really just following the rules. If you don't like the law, complain to the LEGISLATURE:) Those are the guys who passed the law to begin with... The judiciary cannot change the law, we can only apply it:)

 

IMO, the biggest problem we have are judges who are legislating from the bench, which---as you point out---is NOT their job. So why do they do it on a daily basis?

 

Yes, attorneys filing suits are just following the rules. We heard that a lot at Nuremberg, too :D

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IMO, the biggest problem we have are judges who are legislating from the bench, which---as you point out---is NOT their job. So why do they do it on a daily basis?

 

Yes, attorneys filing suits are just following the rules. We heard that a lot at Nuremberg, too :D

 

I don't know why judges legislate from the bench. I think most people mean well, and when they see that a case, following the law, will come out unfair/unjust (according to social/moral standards), they try to fashion a rationale to make the result fair, i.e. legislate from the bench. But then, some judges I think can get a little power hungry, for lack of a better term, and try to change the way our society operates by their legal precedents. As the saying goes, the road to hell is paved with kind intentions.

 

Ski, I think this really raises the bar for our future lift discussions! (haha, no pun intended!)

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But then, some judges I think can get a little power hungry, for lack of a better term, and try to change the way our society operates by their legal precedents.

 

Bingo. If people could see how the MAJORITY of judges act in their court rooms...well, they wouldn't believe it. Far too many are reminiscent of over-the-hill high school freshman teachers with bad hangovers. The wacko Florida judge who heard one part of the Anna Nicole Smith case, Larry Seidlin, is more the norm than anything else. Of course, we have wonderful nuts like Judge Ann Lokuta in these parts...

 

Melissa, we should probably talk about Asian massages and happy endings on the lift instead...or I'll just end up really offending you.

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nah... gottza be longer than that... it's 2 hours for me to Camelback / 1:45 to Blue and that's speedin like 85. I'm 10 miles south of Philly Airport, 10 miles North of Delaware. (Commodore Barry Bridge area)

 

DAYAM It's closer than I thought... wicked... 2hours 15 mins according to mapquest to montage mountain road

 

 

 

 

Always thought it was closer to Elk

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Just take 476 North all the way to the exit for 81 N (mile 116ish I think?), and then you get off at exit 182, and you are right there! It's super convienent because it is right off the highway.

 

Elk is at like exit 210 off of 81 (or somewhere around there).

 

Ahh, Ski beat me too this...

Edited by Melissa
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Doug..

 

No expressway for me... I just hop on the blue route (476) and head north the whole way...

I'm just off I95, I guess it always just seemed like it was far away cause of if being so far north.

BB and JF takes me 2 hours as well Turnpike to pocono exit...

For Camelback and Blue I get off the turnpike at LV and go 22 to macarthur for blue and 33 for camelback

Never been to sno/montage before obviously

 

 

 

Yeah sno REALLY should advertise that... NOONE from this area goes there because it seems so far away... shit it's only like 10-15 mins further than Frost or Camelback.

Had I known that, I would've been there years ago. When you think it's a 3 hour drive compared to 2 though.... that's when it becomes a secondary choice.

Elk is a haul for someone like me, especially since I go alone 99% of the time. Boring long drive...

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mmmmmmmm.. :drool:naughty paralegals.

 

 

I would just like to add that "Good Samaritan Laws" do not offer absolute immunity from civil liability. Here is the Pennsylvania statute on point. Looking at the statute, you won't be covered if you (1) aren't currently certified; or (2) do something wrong (that was against your training in your certification).

 

*****

42 Pa. Cons. Stat. Ann.

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If you don't mind me asking what time of law do you practice in the Poconos/Scranton and is everything really slow right now there too ?

 

If litigation didn't pay so well no one would do it, 60% of the time your odds are only slightly better than flipping a coin and I am only partially joking.

 

I don't "practice" right now--I have a government appointment. I've only been at my job since August, so I don't know whether things are slow or busy right now. We have enough work to keep us busy, but it's not super busy or anything. Litigation, in general, is always busy. Right now, though, nationally, structured finance is really, really slow!

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I don't "practice" right now--I have a government appointment. I've only been at my job since August, so I don't know whether things are slow or busy right now. We have enough work to keep us busy, but it's not super busy or anything. Litigation, in general, is always busy. Right now, though, nationally, structured finance is really, really slow!

 

Government work, that actually sounds kind of cool. Litigation is always cyclical from a personal perspective but lately things have been really slow in Philly. The way I can always tell is when we start doing asbestos work. It is so unbelievably boring with the 10,000 plaintiffs and all that you always save it for last, like I can't make hours last.

 

Structured finance slow No Way! I mean we are totally banking on some of those SPV's.

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