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Jewish World Review
May 11, 2005
/ 2 Iyar, 5765
Lawsuit psychosis now impacting potential good samaritans
By
Dan Abrams
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http://www.JewishWorldReview.com |
What is our society coming to when a man refuses to return a body part to someone who hoped to have it reattached? The reason, it appears, is he feared returning it might detract from a possible lawsuit.
Clarence Stowers found a part of a severed finger in a dessert he purchased at Kohl's Frozen Custard in Wilmington, North Carolina. But unlike that ridiculous case at Wendy's where it appears the woman made it up and no one knows where the finger came from, this one was no mystery.
Brandon Fizer, an employee of Kohl's, had his finger amputated in a custard mixing machine only minutes before Stowers found it in his chocolate custard. Doctors told Fizer his finger could be attached up to eight hours after the amputation occurred. Well after Stowers announced that he'd made the grizzly discovery, the general manager of the custard store asked Stowers for the finger back so he could rush it to the hospital. Stowers refused.
According to the manager, Stowers left the store and announced he was on his way to call television stations and a lawyer. He was keeping the finger for evidence in a lawsuit he planned to file, according to the manager. Now it's too late to have the finger reattached.
You know, you hear people cite a lot of statistics both for and against tort reform. Maybe more important than that is the sick mentality that all these lawsuits have created.
When people see someone slip or fall or get hurt, it's all about the legal pay out. One of the first questions and concerns is "Can I sue or will he sue?"
Stowers' lawyer says he just wanted to make sure the finger could be tested for any diseases. Well, those tests could have been done at the hospital once the finger was reattached. But even if that long shot explanation is true, why is it still about a "How does it affect me?" mentality. I'm tired of it.
We need to change our legal system, not just because the system is being abused, but because of the psychology of many of the people in this country people like Clarence Stowers, who it seems, are blinded by the potential payout.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JWR contributor Dan Abrams anchors The Abrams Report, Monday through Friday from 6-7 p.m. ET on MSNBC TV. He also covers legal stories for NBC Nightly News with Tom Brokaw, Today and Dateline NBC. To visit his website, click here. Comment by clicking here.
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