Donzi faces lawsuit over worker’s death
#21
Registered
However, the ones I've served on have yet to give me much hope of that...
#22
Platinum Member
Platinum Member
Join Date: Aug 2001
Location: Sarasota,FL & Saugatuck, MI
Posts: 1,064
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In Florida, the minimum jurisdictional limit of the circuit court where this case is filed is $15,000.00. There needs to be an allegation in the pleading (Complaint), that the case involves damages of at least[[/B] that amount. If such allegation is not made, then the court may dismiss the complaint for failing to make an allegation showing that jurisdiction lies with the court. The wrongful or totious death of a person in this state is usually valued significantly more than $15k, irrespective of whether the person is "legal" or not. Yes, I am a lawyer in Florida that tries these types of cases to verdict when the insurance company or corporation at fault does not act reasonably in settlement discussions (such as offering to settle a death case for $15k). Many of you see me as the source of all evil....usually until some tortious or wrongful act affects your personal lives, however I remind you that verdicts at trial are rendered by a jury of your peers, after listening quite closely to all the evidence in the case.....not the hearsay rambled on the streets. And, part of that evidence, is the comparative fault of the person significantly injured, maimed or killed. I have found that some of those "poor immigrants that don't speak English" are some of the most honest, hard working individuals I have ever met in my life. Their only crime is not having been born here in the USA, and yet trying to earn a decent living to provide a better life for their families. Let the system work before you crucify them; who knows what really happened in this case. Be thankful we have a system here to provide justice.
#23
Gold Member
Gold Member
If OSHA found them guilty of not providing proper equipment then they are negligent. They should have also supplied proper mechanical ventilation to keep things like this from happening in the first place.
One member asked why people don't read labels. Well, maybe he couldn't read English, or maybe the glue was poured from a large container (G drum?) into a bucket to make it easier to handle. In which case the can wasn't in the area. Their training is also suspect. training in use, handling, MSDS, and personal protection is required. He should have been warned of the possibility of death from fumes.
One member asked why people don't read labels. Well, maybe he couldn't read English, or maybe the glue was poured from a large container (G drum?) into a bucket to make it easier to handle. In which case the can wasn't in the area. Their training is also suspect. training in use, handling, MSDS, and personal protection is required. He should have been warned of the possibility of death from fumes.