Nobody finds this funny, right?
MORRISTOWN, N.J. A couple who each lost a leg when their motorcycle was struck by a teenager who was driving and texting have settled their lawsuit against him for $500,000, their lawyer says…..David Kubert had his left leg torn off above the knee in the September 2009 wreck in Mine Hill. His wife later had her left leg amputated. — Washington Post
No, me neither, despite my brain trying to make puns about their lawyer being surprised because “They didn’t have a leg to stand on.” But reading this account, there’s something that makes one shake one’s head, despite the tragedy.
The couple still plan to appeal a judge’s ruling that [defendant Kyle] Best’s girlfriend, who had sent him the text message to which he was replying, can’t be held liable for the crash, the lawyer said. [He] has argued, in what is believed to be the first case of its kind in the country, that text messages Shannon Colonna sent to Best played a role in the crash. He said Colonna should have known Best was driving and texting her at the time. He argued that while Colonna was not physically present at the wreck, she was “electronically present,” and he asked for a jury to decide Colonna’s liability in the case.
Uh-oh. “Electronically present.” My Ontology Alert Button just activated. Syllogistic argument:
If I’m electronically present at Location A, then I am “present” at Location A.- If I am physically present at Location B, then I am present at Location B.
- Location A and Location B are two different Locations.
- Therefore I am simultaneously present at two locations.
No, if his argument rests on this presentation (pun), he will have trouble, I suspect.
Anyway, on the subject of “present,” Guido and I have had reservations since Christmas for Key West this weekend for our anniversary celebration. Tropical Storm Isaac has his own damn plans, so we’re on hold and not real happy. I think this storm is going to miss south Florida anyway, but I also suspect we won’t know this until it’s too late to save the weekend: the road to the Keys will be closed and its visitors evacuated as a precaution starting Friday. But we’ll see.
Either way, we’ll just have to make sure to get enough tequila in the house.
Yep — yer screwed. No matter what the storm path we’re in for some very bad weather down here and it’s possible the highway will be impassable for a while. Stay home. We’ll make it up next time.
Where’s your sense of adventure? Go for it……..
I’m with Richard. Get out there and see how your survival skills match up to your snark. Not too well, methinks.
The 8 am update shows the storm track aiming for the 7 Mile Bridge, ETA Monday 2 AM. Something tells me there won’t be much in the way of ferry service to Piegon Key this weekend. Too, depending on the strngth of the winds at that point, we could see some more destruction of the old road.
Keep in mind the “electronically present” argument — poor choice of words there — is simply a device to involve an additional defendant who could be held financially liable. As with so much of personal injury litigation, logical niceties and common sense fall by the wayside in the pursuit of profits. Justice isn’t even a consideration.
2 PM update: looks like it’s drifting westerly but will still impact the Keys. In fact, a little more and it will pass right through KW! In other words, you should definitely go and tell us about it (if you live).