The Blogosphere Speaks About Bork’s Lawsuit
The last two days, I've basically been out of commission with a back injury. (Not to worry, it was purely my own fault and I'm not suing anyone.) A great "Get Well Soon" card came in the form of a slip-and-fall lawsuit filed by none other than Robert Bork. I find no humor in his injuries, and truly wish him a speedy recovery. But the fact he of all people filed a slip-and-fall lawsuit - often considered the epitome of frivolity - is bringing me great mirth. I'm not sure who coined the phrase, but this is definitely an example of "do as I say, not as I sue."
Here are what a few others have to say on the subject.
Judge Robert Bork, one of the fathers of the modern judicial conservative movement whose nomination to the Supreme Court was rejected by the Senate, is seeking $1,000,000 in compensatory damages, plus punitive damages, after he slipped and fell at the Yale Club of New York City. Judge Bork was scheduled to give a speech at the club, but he fell when mounting the dais, and injured his head and left leg. He alleges that the Yale Club is liable for the $1m plus punitive damages because they "wantonly, willfully, and recklessly" failed to provide staging which he could climb safely.
“THE YALE CLUB WAS OBLIGATED TO CONSTRUCT SOMETHING — STRICTLY FOR ME.”
I sympathize with Judge Bork's serious injuries, but it's beyond me what his lawyers are thinking in asking for punitive damages. And if any danger is open and obvious such that there is an assumption of the risk, surely the absence of stairs to reach a lectern on a dais is—especially if the dais is of the "unreasonable" height that the complaint alleges it to be.
Of course, what makes this precious is that Bork is a long-time advocate of “tort reform,” which would limit the right of injured people to file exactly these kinds of suits.
It’s also a reminder that the key to social progress in the United States is to get conservatives to have more life experiences. They’re against gay rights, until someone close to them is gay. They’re against separation of church and state, until they feel like the minority faith. They’re against rights for the accused, until they’re charged with a crime. They’re against personal-injury lawsuits, until they get hurt in an accident. They’re against….
It's lovely to watch so-called Conservatives flip-flop all over the place.
This will be an interesting one to follow.