This guy is publishing a new book soon. It should be a good one with more stories like this...

True Stella Awards #65: 12 October 2005 www.StellaAwards.com
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HER GENEROSITY IS OVERWHELMING
by Randy Cassingham

On October 14, 2004, Barbara Connors, 75, of Medfield, Mass., was
riding in a car driven by her son-in-law, Alan Hauser, 70, when they got
into an accident in Old Saybrook, Conn. Their car left the road, jumped
the sidewalk, went through a fence, and flew 15 feet through the air and
splashed into the Connecticut River. Hauser swam to the surface and was
rescued by the crew of a nearby boat, but Connors went under with the
car, sinking 10 feet below the surface.

There were plenty of witnesses to the crash, and several quickly
called 911 to report it. "It was the [fastest] response I've ever seen,"
said one. "They were here in a heartbeat." Because she was underwater,
and the river's current increased the danger, rescuers had to don special
gear. Even with the time it took them to drive there and do that, Connors
was pulled to the surface within 15 to 20 minutes of the accident. Still,
it was too late: she had no pulse. Paramedics started CPR and revived her
at the scene.

Rescuers were "very pleased with the rescue effort by all the agencies
involved, as well as the citizens who helped us," said police officer
Michael Spera, who was on the scene. Connors was raced to the hospital in
critical condition -- and thanks to everyone's quick action, she
survived.

The next month, a ceremony was held to honor the rescuers. Connors'
daughter said her mother couldn't attend, but wanted to thank everyone
for their "very generous outpouring of generosity and support" in saving
her life. Connors was in town to visit her daughter when the accident
occurred.

That was then, this is now: Connors has sued not just her son-in-law,
who was driving the car, but also the rescuers, alleging they "took too
long" to rescue her. The suit, filed in Superior Court at New London,
Conn., was filed by attorney Robert Reardon Jr. It claims the town is
responsible for not installing "appropriate guardrails to stop a vehicle
from going into the water" and for failing to "provide funds for the
equipment needed by police divers."

In addition, the suit names the town building inspector, its director
of public works, a building official, a planner, and the Parks and
Recreation Commission, for "failing to maintain a safe environment at
Saybrook Point." It also names town police chief Edmund Mosca for
"failing to provide adequate staff and diving equipment." The suit says
that Connors was previously able to live on her own, but after the
accident she has to be cared for in a nursing home. Presumably those
responsible for saving her life should pay for that.

For their "very generous outpouring of generosity and support," the
town and rescuers are sued? Yeah, that makes sense. Rescue work,
especially in water, is incredibly dangerous, and a great many rescuers,
most notably in small towns, are volunteers. What sort of public policy
signal is society sending when we allow them to be put them through hell
after they do a GOOD job?


SOURCES:
1) "Woman 'Critical' after Being Pulled from Submerged SUV", New Haven
Register, 15 October 2004
http://StellaAwards.com/cgi-bin/redirect5.pl?65a

2) "Crash Survivor Sues Rescuers, Son-in-Law", New Haven Register, 10
August 2005
http://StellaAwards.com/cgi-bin/redirect5.pl?65b

There are a LOT of details NOT reported in the above article about the lawsuit. A person may be greatful that their parent survived and initially express appreciation but only to find out later that a LOT should have been done but wasn't done, or wasn't done as fast as what should have been done. There is no mention if the 75 year old suffered unnecessary brain damage or other permanent problems because she was not rescued fast enough, reducing the quality of her life for her remaining years. It doesn't say if perhaps the woman will require around-the-clock nursing and medical attention for the rest of her life or not.

Obviously the son-in-law did not have his vehicle under control, or the accident wouldn't have occurred in the first place.

If a lawsuit would get guardrails set in place so that OTHERS would not meet the same fate, more power to them.

Below is an interesting article. WV IS a HELLHOLE, but for reasons OTHER than frivolous lawsuits:

This news story originally provided by The Register-Herald

West Virginia not 'judicial hellhole,' group contends
By Mannix Porterfield/REGISTER-HERALD REPORTER
West Virginia, Almost Heaven. Or a Judicial Hellhole?

It depends on who applies the label, and in the aftermath of one group branding West Virginia as a legal nightmare, another says the litigation pales beside that of most states.

A study unveiled by the National Center for State Courts says West Virginia actually ranks 35th in the number of lawsuits per population in 2002.

What's more, the center found no growth in the number of cases filed here between 2000 and 2002.

"Million-dollar corporations and billion-dollar insurance companies are lying to the people of West Virginia," charged Gary Zuckett, coordinator of the West Virginia Consumers and Victims Coalition for Insurance Reform, which is part of West Virginia Citizen Action Group.

Zuckett's group, formed during the 2003 legislative session, embraces a number of organizations and counts within its ranks some union members, consumer advocates, rights groups and consumer attorneys.

Not a lawyer himself, Zuckett produced figures compiled by the center a day after the American Tort Reform Association portrayed West Virginia as a "judicial hellhole," ranking the state fourth in states where lawsuits and adverse rulings proliferate.

"They are trying to convince us that West Virginia's court system is out of step with the rest of the country. They're saying that people who live here do nothing but file lawsuits."

Zuckett said the figures produced by the National Center reflect the results of an independent study and they clearly show West Virginia is 35th in suits, not fourth.

"We're not even in the top 50 percent," he said. "How can we be ranked 35th and be a judicial hellhole? The picture ATRA is trying to paint has no basis in reality. These numbers tell the truth."

The center said 73,627 cases were filed in this state two years ago, or 4,086 per 100,000 residents.

Ranked first in the figures was the District of Columbia with 15,298 per 100,000, while Maryland was second with 15,158 cases per 100,000.

Looking at border states, Virginia came in third, with 14,004 per 100,000, Ohio was 14th at 6,496 per 100,000, Kentucky placed 25th with 5,242 per 100,000 and Pennsylvania was 44th at 3,401 per 100,000.

Based in Williamsburg, Va., the center is a nonprofit group dedicated to improving justice by providing leadership and service to state courts, a WVCAG official said.

Founded in 1971 by the Conference of Chief Justices and former Chief Justice Warren Burger, it provides education, training and technology, management and research services to courts.

- E-mail:

mporterfield@register-herald.com

http://www.wvcag.org/victimrights/docs/2002_12_19.htm

Unbelievable, did you even read the first post?

uh huh,...yep, sure did.... did you even read the second post?

Yep sure did that's how I figured out you didn't read the first post.


The suit says
that Connors was previously able to live on her own, but after the
accident she has to be cared for in a nursing home.



Obviously there are a lot of reasons why accidents happen.

Yep, I found that notation buried in the first post upon reviewing it. Going from being independent to having to be cared for in a nursing home does indicate a substantial reduction in quality of life just for that alone, in my book.

Some people in nursing homes are completely immobile and require assitance in moving at all and for everything such as bathing, eating, etc.. Others are more mobile and a little more independent even in nursing home settings. There's still a lot we don't know from the first post.

The fact that the woman is in a nursing home is only more supportive information for post 2.

And you are correct, there could be a LOT of reasons why accidents happen. For instance, although the son-in-law may not have had the vehicle under crontrol if there had been guardrails in place, the accident might have not been so serious.

In days when horse and buggys were prevalent, my great grandmother was on a sidewalk in Piedmont, WV and one of the very first cars (if not the first car) in Piedmont jumped the curb, ran up on the sidewalk and hit my great grandmother. My great grandmother never fully recouperated from that accident, she was no longer able to care for herself, care for her husband or run her own household and she was taken in and cared for by relatives for the remainder of her life. Her husband, my great grandfather was also taken in by other relatives and cared for.

Back in those days, there was no mention of any auto insurance or lawsuits. In those days, when WV was the ultimate "company town", when workers were injured and unable to work, there were no "social safety nets". If lucky, people had family who would care for them in the event they became disabled.

In the ultimate "company town", people were considered "disposable" and worked until they could no longer work and then were just tossed aside and more workers were brought in.

I'm sure the accident was not "intentional" at all, that it was just a complete "accident". But even though an accident is completely unintentional and without malice, it can still cause great harm.

And when victims are harmed by others, they have a right to be "restored" as much as possible and compensated.

Misinformers would like us to believe that lawsuits are just out of control and that is far from the truth as the 2nd post points out by an article appearing here on the Register-herald.

I'm sure many would like to go back to exploiting the working poor and individuals with abandon, to harm others and not have to "pay" for it or compensate victims....but the average citizen of WV would want to avoid revisiting the "company town" era at all costs.

Christi

And if a Toat had wings he wouldn`t bump his AZZ everytime he jumpted.
That old lady and her lawyer needs a good AZZ kicking.

sigh...tsk tsk

Yeah, we need guardrails beside every foot of highway everywhere.

There is no such thing as personal responsibility or an accident anymore. Someone's always gotta be sued. I picked-up a cold at work last week -- I'm gonna sue someone.

Not a stupid person but definitely a stupid lawsuit Glued to Toilet

damn flood control