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Thread: School sued over TS accident

  1. #46
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    Quote Originally Posted by Cliff Rohrabacher
    The Automobile is the single number one most dangerous tool - ever - right there in second place behind the ENGINEER'S MECHANICAL PENCIL.
    Gee, weren't you the guy whining just yesterday about gratuitous insults to lawyers? Ok, you don't like technology, we got it the first time. Move on.
    Yoga class makes me feel like a total stud, mostly because I'm about as flexible as a 2x4.
    "Design"? Possibly. "Intelligent"? Sure doesn't look like it from this angle.
    We used to be hunter gatherers. Now we're shopper borrowers.
    The three most important words in the English language: "Front Towards Enemy".
    The world makes a lot more sense when you remember that Butthead was the smart one.
    You can never be too rich, too thin, or have too much ammo.

  2. #47
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    Quote Originally Posted by Cliff Rohrabacher
    Hear Hear - my thoughts exactly.

    The Automobile is the single number one most dangerous tool - ever - right there in second place behind the ENGINEER'S MECHANICAL PENCIL.
    If you have ever driven a Kenworth or Peterbilt or maybe a lowly Freightliner, then you know that the most dangerous tool about is a soccor mom driving an urban packaderm like an Expedition or Highlander and a pile of screaming kids with a cell phone in one hand and a big mac in the other while blindly and unkowingly cutting off an 80,000 pound truck! They make drivers of these monsters get CDL tickets and take special exams. They should work on training the other drivers better and punishing them more akin to how commercial drivers get punished. If I cut off a kenworth bobtail with a 2000 gallon propane tank and it flips over, heck yes its going to smush anything under foot! Its either that or you can heat your house with a pile of Blue Rhino gas tanks from Lowes. I think it would be more liabilous and risky to carry twenty blue rhino gas bottles in the urban packaderm than would having your gas delievered in the bobtail.
    Had the dog not stopped to go to the bathroom, he would have caught the rabbit.

  3. #48
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    Quote Originally Posted by Cliff Rohrabacher

    The Automobile is the single number one most dangerous tool - ever - right there in second place behind the ENGINEER'S MECHANICAL PENCIL.
    Is this before or after you tape feathers on the pencil to stablize their flight to the dart board?
    Had the dog not stopped to go to the bathroom, he would have caught the rabbit.

  4. #49
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    You know we had a lot less accidental poisioning when we taught our kids not to play or touch medicine bottles. Remember when the bottles had a skull and crossbones on them? It meant bad news. They stopped that for what,because it was scaring children? What happens when SawStop gets a faulty batch of electronic brakes and it fails and you get cut anyway? We place too much emphasis on technology and not enough on plane old instruction and common sense. Why do the tablesaw companies make saws with removable guards? Norm doesn't use one and after 18 years still has all his digits.HMMM? Fact of the matter, the kid put his hand into the spinning blade. No one else, just him. I wonder if my mother could have sued the city everytime I fell off my bike and skinned my knee because they put that hard cement on the side walk? It's ridiculous. Accidents happen, it's just life.
    Last edited by Michael Gibbons; 04-29-2006 at 8:35 PM.
    Michael Gibbons

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  5. #50
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    Since we live in a mostly free society, people have the right to bring suit for whatever they feel a greivance for...I have no problem with this. What I do have a problem with is that most of these suits would probably just be wishful venting were it not for the interferance of lawyers...if they don't take a case, it would go nowhere...as for this case, if there was neglegence on the part of the shop teacher to keep all/any tools in proper working order then the school should pay.

    now let's consider this...has it been proven that a blade guard would have prevented these injuries? Hard to say. Some stock blade guards wouldn't .....you can still slide a thumb and finger under them when pushing stock or reaching to clear the off-cut(even when you know you shouldn't be)

    Dev, you said, "cops are not paid to enforce civil issues."
    Sure they are...think traffic cop, parade route watcher-outer, demonstration tear gas canister shooter and tax payer funded high school hall monitor. These are all civil enforcement duties.

    Like a traffic cop telling you not to move your vehicle after running over a box of Krispy Kremes...high school cop has the same inflated scense of power when it comes to accidents at school....least that's what I think and I may be wrong or at least not completly right

    question: who opposes tort reform the most?
    Regards,
    Greg

  6. #51
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    Quote Originally Posted by Greg Tatum

    Dev, you said, "cops are not paid to enforce civil issues."
    Sure they are...think traffic cop, parade route watcher-outer, demonstration tear gas canister shooter and tax payer funded high school hall monitor. These are all civil enforcement duties.

    Like a traffic cop telling you not to move your vehicle after running over a box of Krispy Kremes...high school cop has the same inflated scense of power when it comes to accidents at school....least that's what I think and I may be wrong or at least not completly right

    question: who opposes tort reform the most?
    Greg...
    Let me introduce you to some legal architecture. Our laws are fundamentally broken into two sets of code. You have the criminal code and you have the civil code. They are unique and independent bodies of law with little overlap.

    Punishment for violation of a criminal statute involves probation or jail time. Of late, you also have some minor fines and you can have jail time and fines should the judge decide that to be the form of punishment.

    Often the burden of proof is radically different between civil procedings and criminal proceedings as evidenced with the two cases brought against O.J.Simpson. In the murder trail, a criminal violation punishable by life in jail or by lethal means, the burden of proof is overwhelming. In the civil case, a charge of wrongful death, the burden of proof is less so. Thus, he was aquited on the criminal charge but found guilty on the civil charge. You have to understand that wrongful death is not a charge of homicide. There is no homicide in civil proceedings.

    In a more familar case, I personally mixed the two. I had a very unpleasant neighbor steal 350 feet of chain link fence and throw it out. When I tried to confront her as to why, she refused to answer the phone and instead filed charges of harasment against me. Her theft of 350 feet of fence is considered a civil issue as we had hired an engineer to do a survey and there were questions of an easement violation. In the end, she was wrong and is now facing a lawsuit by me; however, I have absolutely no legal recourse against her within the criminal system. On the other hand, she had ever right to file criminal charges of harasment against me. Regardless of who is right or wrong and regardless of what a civil proceeding determines. It took 6 trips in front of an actual DA and judge to finally settle this in an acceptable solution. What this exercise has done was to raise the hair on my back and dig my feet into the ground. Had it been any other situation, I would merely forget about it. But now she has a real honest of goodness law suit against her.

    So as you can see, standing in an intersection performing a civil duty such as controlling traffic is not even close to the same use of the word CIVIL as it relates to say a law suit or CIVIL PROCEEDING. These are two different contexts of the same word which mean two totally different things. So I stand behind what I said. I cannot figure out why the cop red taged the saw. He had no legal right to do so as far as I can figure and he may even place the schools position in jepody.
    Had the dog not stopped to go to the bathroom, he would have caught the rabbit.

  7. Quote Originally Posted by Lee DeRaud
    Gee, weren't you the guy whining just yesterday about gratuitous insults to lawyers? Ok, you don't like technology, we got it the first time. Move on.
    That wasn't an insult to anyone at all on any level.
    I mean that. It simply was not a negative in any way.
    I'm confused over your reply.

    The engineer's pencil has designed every single weapon of war ever automobile etc., etc., ad nausium.

    It was a common joke among us engineers back in the day of the mechanical pencil and drawing board. Yes, I was a Drawing Board engineer before the entry of Computers.

  8. Quote Originally Posted by Dev Emch
    the most dangerous tool about is a soccor mom driving an urban packaderm like an Expedition or Highlander and a pile of screaming kids with a cell phone in one hand and a big mac in the other while blindly and unkowingly cutting off an 80,000 pound truck!
    They indeed rank as among the planets most scariest critters. How about the way they back up in parking lots?. Pedal to the floor in reverse.

  9. Quote Originally Posted by Dev Emch
    Is this before or after you tape feathers on the pencil to stablize their flight to the dart board?
    I tnink before.
    Darts. Hmmm there is still use for my old pencils after all.

  10. #55
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    Quote Originally Posted by Cliff Rohrabacher
    That wasn't an insult to anyone at all on any level.
    I mean that. It simply was not a negative in any way.
    I'm confused over your reply.

    The engineer's pencil has designed every single weapon of war ever automobile etc., etc., ad nausium.
    No, the engineer's pencil never designed anything: it's just another tool to be used (or mis-used) by the hand of a human being. Your comment was indeed insulting to the people who use that particular tool, because the designs they create come from their minds, not some inanimate object. To ignore the good and concentrate only on the bad (through your personal good/bad filter, no less) is exactly the same as someone saying "all lawyers are evil bottom-feeding bungholes".

    And your persistent tendency to attribute human characteristics to inanimate objects is getting extremely annoying. Enough already.
    Yoga class makes me feel like a total stud, mostly because I'm about as flexible as a 2x4.
    "Design"? Possibly. "Intelligent"? Sure doesn't look like it from this angle.
    We used to be hunter gatherers. Now we're shopper borrowers.
    The three most important words in the English language: "Front Towards Enemy".
    The world makes a lot more sense when you remember that Butthead was the smart one.
    You can never be too rich, too thin, or have too much ammo.

  11. #56
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    Quote Originally Posted by Cliff Rohrabacher
    That wasn't an insult to anyone at all on any level.
    I mean that. It simply was not a negative in any way.
    I'm confused over your reply.

    The engineer's pencil has designed every single weapon of war ever automobile etc., etc., ad nausium.

    It was a common joke among us engineers back in the day of the mechanical pencil and drawing board. Yes, I was a Drawing Board engineer before the entry of Computers.
    Dont forget that the same pencil and green engineers pad also created such items as the CAT scanner, orthopedic implants, pacemakers, the EKG recorder, the X-Ray machine and it created the airplane as we know it today. If you want a safer ride than an airplane, then you need to hop an escalator.
    Had the dog not stopped to go to the bathroom, he would have caught the rabbit.

  12. Quote Originally Posted by Dev Emch
    Dont forget that the same pencil and green engineers pad also created such items as the CAT scanner, orthopedic implants, pacemakers, the EKG recorder, the X-Ray machine and it created the airplane as we know it today. If you want a safer ride than an airplane, then you need to hop an escalator.
    And the Cat D4 and the Backhoe and a whole boat load of other fun toys - including boats planes trains and automobiles.

    I used to make weapons & weapons systems.

  13. #58
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    This thread is getting way outta hand. Lets be civil and show some respect. For those who can't - go out in the shop and make some sawdust.

    Sorry - I'm in a bad mood today.


  14. #59
    Quote Originally Posted by Ken Salisbury
    This thread is getting way outta hand. Lets be civil and show some respect. For those who can't - go out in the shop and make some sawdust.

    Sorry - I'm in a bad mood today.

    This would be a lot better discussion in a bar room with a beer in hand.....
    Dennis

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