This wouldn't have happened at Chic-Fil-A!!
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So what we are saying here is that promoting violence with violence is okay to receive a windfall, rather than just be made whole. I have so many problems with that in our sue happy society. No violence of any kind occurs, without the person provoking it. I can't overlook that. This to me is no different than someone walking down the street and punching someone in the face blindsided. Then that person getting Stevan Segal'd into next week and suing the person because they fought back.
Should it happen? Never. None of this should ever happen and certainly throwing appliances isn't the answer. But getting a windfall for provoking violence should not be rewarded in my opinion. Ever.
Ha, I didn't take it as criticism at all, especially from you. I was just trying to show my work, but I very well could be wrong. Miami juries can definitely run away, but if they think the Plaintiff is lying or over-reaching, then they will certainly punish with the award. I don't do ant PI though, mostly business based civil litigation and defense of employment cases. I would more likely be in the position defending the Franchisee from the wrongful termination suit after he/she is fired for flinging a blender in someone's face.I wasn't criticizing your take and sorry if it came across that way. Just adding my 2 cents.
On a case like this in Miami, what is the rule of thumb on a multiplier to get to a potential settlement value? In most MS counties, it can range from 3 to 5. In the more plaintiff-friendly ones, it can get to 8 or 10 with bad injuries and the right defendant.
i'm not sure where i said that the customer's violence was ever ok. and being "made whole" could still be considered a windfall for some, right?
what i'm not okay with is disproportionate force. if in your situation the steven segal'ing is escalated to the point of beating the original assailant resulting in disfigurement, disability, or even death, that's a problem. this isn't like the nfl where a chop block on the offense and offsides on the defense negate each other; i don't know anything about the law, but it makes sense to me that someone could still be punished if they respond with unreasonable and excessive force. to me, that's what's going on here.
i do agree that the manager acting of their own accord does not in and of itself justify financial reward. but what if it is determined that the manager has threatened employees, but the franchisor or even corporate hr did not terminate the manager? what if the manager has a criminal record with a history of violent acts? what if the franchisor did not comply with corporate training requirements specific to dealing with disgruntled customers? then i could see the owner and even corporation having culpability.
i like what @Parrot said about the customer's reward being reduced by her percentage of responsibility. that's an interesting and fair concept.
I'm all in on it. I can throw food at people like a boss.Being made whole means out of pocket medical expenses covered in this situation.
And frankly someone cold cocking someone else and getting Segal'd badly is what should be called a life lesson.
But @Jman is right. With a victory in this suit, we are effectively saying that people should walk around and provoke with violence. Gawd I wish Judge Judy could decide every case in the world.
I'm all in on it. I can throw food at people like a boss.
Introducing the new McHelmet. Available for a limited time.So wonder if McDs will add a warning label like they did for the coffee law suit. "Caution coffee is hot" now there'll be "Caution blenders fly at face" on burger wrappers.
The only way to deal with someone who only understands violence is a better brand of violence.The world would be a better place if more people got hit in the face with a blender.
I said it.
That lady is going to get PAAAAAAAAAAAAAAAAAAID.
... this post and $1 will get you a cup of coffee at your local McD's.
I think the blender can be considered lethal - depends on weight and what not and clearly heavy enough to knock her back like that substitute blender for rock etc.
I did find it curious how she looked in the video and how she looked in the news piece.
Don’t judge a book by its cover though
Multiquote is a useful feature of the forum.
Sadly I didn't throw my food at them. I opted to eat it instead.
Especially on Sunday....This wouldn't have happened at Chic-Fil-A!!