Author Topic: Another case of a frivolous lawsuit (Read 392 times)

gofaster · « **on:** October 02, 2003, 10:41:12 AM »

My wife sent this to me, so I don't have a link for it. Its an AP story so it should be out there somewhere.

Looks to me like somebody is trying to make some quick money off the local government. I have a feeling the plaintiff will lose this one.

Quote

Family of Shark Bite Victim Sues County
Kentucky Family of Teen Who Was Bitten by a Shark During a Florida Vacation Sues Volusia County[/i]

The Associated Press

DELAND, Fla. Oct. 2 — The Kentucky family of a teenage girl who was bitten by a shark during a Florida vacation in July 2000 has sued Volusia County officials, arguing they should have been warned of potential shark attacks.

Amber Benningfield, who was 13 at the time, was attacked by a shark in New Smyrna Beach while she played in the surf. The shark bit her left calf and scratched her hand as she tried to escape. The Bowling Green, Ky., teenager was treated at a hospital and released.

According to the lawsuit filed Sept. 16, the county should have provided a warning "of the dangerous condition created by the sharks." The suit argues the county acted negligently and is responsible for Amber's permanent scarring, disability and disfigurement. The suit seeks unspecified damages of more than $15,000.

Darren Elkind, a Deltona attorney representing the Benningfields, declined comment.

Volusia County spokesman Dave Byron said: "I think we'll successfully defend this lawsuit."

Last year, Florida reported 29 of the 47 shark attacks in the United States, according to the Shark Attack File at the University of Florida. Eighteen of the attacks took place in Volusia County. In 2001, Volusia accounted for 22 of the state's 37 attacks.

capt. apathy · « **Reply #1 on:** October 02, 2003, 10:52:24 AM »

maybe she should sue her parents. by the time you reach 13 they should have taught you that the oceans have sharks and sharks sometimes bite people.

Curval · « **Reply #2 on:** October 02, 2003, 10:54:43 AM »

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Originally posted by capt. apathy
maybe she should sue her parents. by the time you reach 13 they should have taught you that the oceans have sharks and sharks sometimes bite people.

That or the Volusia Country officials counter-sue along those lines.

Wanker · « **Reply #3 on:** October 02, 2003, 10:58:00 AM »

Quote

Originally posted by capt. apathy
maybe she should sue her parents. by the time you reach 13 they should have taught you that the oceans have sharks and sharks sometimes bite people.

LOL, couldn't agree more.

-tronski- · « **Reply #4 on:** October 02, 2003, 11:00:53 AM »

Quote

Originally posted by capt. apathy
maybe she should sue her parents. by the time you reach 13 they should have taught you that the oceans have sharks and sharks sometimes bite people.

That would voilate the number one rule for this frivolous lawsuit.

Only the parents are allowed to be imbeciles living in a vacumn.

Tronsky

TPIguy · « **Reply #5 on:** October 02, 2003, 11:10:39 AM »

Hmmmm, I live in DeLand. No mention of that happening here. Also, we get the daytona beach news journal here. No mention of it in there either.

http://www.news-journalonline.com/

gofaster · « **Reply #6 on:** October 02, 2003, 12:00:38 PM »

Here it is. I did a search for "Amber Benningfield" in Yahoo News and got it.

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20031002/ap_on_re_us/shark_bite_lawsuit_2

I can only assume that they are basing their lawsuit on the fact that there was an attack 2 hours earlier, but the county officials did nothing to alert people in the water. Then again, that assumes that the first victim alerted authorities to the attack (the first victim suffered no major injuries from a bite to her thigh by a 3-foot baby shark).

Sandman · « **Reply #7 on:** October 02, 2003, 12:16:33 PM »

Pismo Beach, CA... September 2003...

rpm · « **Reply #8 on:** October 02, 2003, 02:58:24 PM »

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Last year, Florida reported 29 of the 47 shark attacks in the United States, according to the Shark Attack File at the University of Florida. Eighteen of the attacks took place in Volusia County. In 2001, Volusia accounted for 22 of the state's 37 attacks.

Sounds like the beach there is a bit more prone to sharks than other areas, maybe there SHOULD have been at least a public safety notice posted like they have for Riptides since 2/3 of the attacks happen there.

mrblack · « **Reply #9 on:** October 02, 2003, 03:00:01 PM »

Geez there only asking for 15 grand?

Tarmac · « **Reply #10 on:** October 02, 2003, 03:01:59 PM »

Quote

Originally posted by mrblack
Geez there only asking for 15 grand?

"unspecified damages of more than $15,000."

Not 15 grand, an amount bigger (probably way bigger) than 15k.

Eagler · « **Reply #11 on:** October 02, 2003, 03:04:30 PM »

Quote

Originally posted by mrblack
Geez there only asking for 15 grand?

they want to buy a nice used car..

wonder if they could sue if they received a bad sunburn, I mean there weren't any signs posted and it could develop into cancer right ?

pictures a lawyer in a suit walking from group to group on the beach handing out biz cards