Entitled Jackass of the Decade
By mistermix January 22nd, 2011
My state Senator, Jim Alesi, was out looking at housing developments a few years ago. He entered one of the unfinished houses through the back door, fell off a ladder, and broke his leg. The couple declined to press charges for trespassing because “they didn’t want to make a bad situation worse for the Senator”.
Yesterday, one day after the statute of limitations for trespassing expired, Alesi filed a civil lawsuit alleging “negligence” and asserting that “the premises were not reasonably safe.” The builder, who Alesi is also suing, said this:
“Look, it’s a job site,” DiRisio said. “A home under construction. There was a ladder going from the basement to the first level of the home, and he slipped going up the ladder. The ladder didn’t break. There wasn’t a malfunction there. In fact, I still have the ladder if you want a photo of it.” Then DiRisio added, “I suppose it might not have been safe for someone who is not familiar with operating a ladder, or for someone without proper footgear.”
Alesi is a fairly moderate Republican, and he recently survived a challenge from a well-funded Democratic challenger. I had no idea he was such a colossal asshole.
Posted in Assholes
Surely the date of filing is merely a coincidence. Even a Republican’s lawyer could not possibly be that translucently a foul, sleazy, ambulance-stalking shyster.
January 22nd, 2011 at 10:56 am
Tort reform!
January 22nd, 2011 at 10:56 am
You had no idea that a republican was a colossal asshole! Republican = asshole. Its an axiom.
January 22nd, 2011 at 10:57 am
@Rhoda: What we need is judge reform. As in “Say what? Case dismissed! Bailiff, whack his pee-pee!”
January 22nd, 2011 at 10:59 am
What’s the reaction like from the public? The comments at the station are all anti-Alesi, but newspaper/TV comments are always a little extreme from the norm.
Nevertheless, I’m betting Alesi drops the suit extremely quickly. And blames it all on his lawyer.
January 22nd, 2011 at 10:59 am
Priceless.
Is this guy planning on running for office again? This is the kind of dick move that gets publicity and loses you votes. From the last paragraph of the article:
The average person knows this is wrong. Any kind of elected public official who does this is not winning friends. Or votes.
January 22nd, 2011 at 11:00 am
and
these statements are not mutually exclusive. I do love the DougJson level of snark from the builder, however
January 22nd, 2011 at 11:01 am
Thread needs more bacon.
January 22nd, 2011 at 11:01 am
If this gets a lot of attention, this guy won’t be a state senator for long.
Or maybe he will. 40% of this country are pure assholes, it seems.
January 22nd, 2011 at 11:02 am
@PIGL:
“Here, let me whip this out.”
January 22nd, 2011 at 11:02 am
@jeffreyw:
Okay that is just not fair. That looks fantastic. And also like a heart attack on a plate. How high is your cholesterol anyway?
January 22nd, 2011 at 11:03 am
Hilarious. One gets the strong sense that what he wanted to say was “if the Senator had had the manual dexterity that God gave to a wildebeest born with only one leg, he would have been able to cope with climbing up a step ladder. Oh, and wearing stiletto heels didn’t help either.”
dms
January 22nd, 2011 at 11:04 am
First, what’s someone who’s supposed to be a reasonably responsible person, like a politician, doing poking around a construction site without permission? I know that I’d vote for the dumbass who wanders around other people’s property.
Second, filing suit after breaking his leg would be a dick move, since he seems to be 100% liable here. But to do it after the SoL expires? I hope he has a supply of diapers, because here is one colossal asshole.
January 22nd, 2011 at 11:05 am
@Violet: Last check it was within normal range. A1c’s good, though it seems I’m tending to hypothyroidism. Starting on synthroid. Thanks for asking! And you?
January 22nd, 2011 at 11:06 am
Well I have no idea how blockquotes work anymore round here so FYWP, may you fall off a malfunctioning ladder you POS. Also, cudlip, too.
January 22nd, 2011 at 11:06 am
There’s this, from the story:
Of course you can just go into an unfinished home if you want to buy it! Who needs the damn developer’s permission?
January 22nd, 2011 at 11:08 am
@Mark S.: They really do thrive on pulling up the ladder after they’ve reached the top.
Greg Abbott, our attorney general here in Texas used part of the 10 million dollar settlement he got after being hit by a falling tree branch while he was out jogging. Confined to a wheel chair, He ran on the typical, law and order, tort reform platform and won in a landslide. .
January 22nd, 2011 at 11:09 am
@jeffreyw:
In case the doctor didn’t tell you, hypothyroidism can be a reason for elevated cholesterol.
I haven’t had my cholesterol checked for awhile. Last time I did it was okay but I am due for a physical so we’ll see I guess.
January 22nd, 2011 at 11:12 am
@jeffreyw: Goddamnit, I haven’t had breakfast yet and now I’m really fucking hungry.
January 22nd, 2011 at 11:13 am
Tort reform for thee, but not for me. Same for responsibility for one’s own actions, and common sense.
Accidents only happen if you’re a multinational oil company with a history of cutting corners.
January 22nd, 2011 at 11:14 am
recall how idiot son used to push tort reform:
In 1999, Bush sued Enterprise Rent-A-Car over a minor fender-bender involving one of his daughters in which no one was hurt. Although his insurance would have covered the repair costs making a lawsuit unnecessary, Bush sought additional money from Enterprise, which had rented a car to someone with a suspended license. In this case, Bush seemed to understand one of the most important functions of civil lawsuits — to deter further wrongdoing. The case settled for $2,000 to $2,500.
http://www.kraftlaw.com/Articles/Hypocrites.htm
and, what a perfect display of how fucking petty that man—a $2000 settlement.
January 22nd, 2011 at 11:16 am
Translation: He’s an idiot and an elitist. Priceless.
ETA: I like dms’s translation better.
January 22nd, 2011 at 11:18 am
@PTirebiter:
Was his opponent too stupid to make attack ads about his 10 million dollars lawsuit?
January 22nd, 2011 at 11:18 am
well I think Alesi has a strong case, after all, when is the last time any of you have heard about any Rupublican legislator using a ladder to get off their high horses?
January 22nd, 2011 at 11:19 am
@Violet: Yeah, various symptoms were discussed, joint pain and swelling got my attention, my knees are killing me.
January 22nd, 2011 at 11:21 am
@PTirebiter:
From the Wiki:
Since locals probably credit him with winning one for God and the baby Jesus, Abbot could run over kittens in his wheelchair and win landslides in Texas.
January 22nd, 2011 at 11:22 am
What a shameless little son of a bitch Jim Alesi is.
January 22nd, 2011 at 11:22 am
UH, I guess the Senator didn’t wear his ladder-climbing shoes,
oh well, douchebag!
January 22nd, 2011 at 11:24 am
UH, I guess the Senator didn’t wear his ladder-climbing shoes,
oh well, douchebag!
January 22nd, 2011 at 11:24 am
Reminds me of this:
Robert Bork settles $1 million lawsuit with Yale Club
For some observers, irony seen in a suit filed by one of the country’s leading tort-reform advocates
January 22nd, 2011 at 11:25 am
the people have spoken, and they want, “FOUR MORE YEARS OF DOUCHEBAG
”
January 22nd, 2011 at 11:28 am
@Ija: Nope,he didn’t need to. It was all over the news, including Fox. His opponent was exposed as an admitted Democrat.
January 22nd, 2011 at 11:30 am
This story is just the Republican Way played out on a small scale.
The party stands for concept big time swindles at the expense of the citizenry, and the beneficiaries of their policies are about 2 percent of their actual supporters. I’d feel sorry for the other 98% if their votes weren’t actively contributing to the decline of the nation.
January 22nd, 2011 at 11:31 am
but Repugs always say “frivolous lawsuits cause higher insurance rates and higher taxes” blah blah blah.
where is the Teanut brigade to preach about “personal responsibility” He, and the voters who voted for him are total Idiots.
January 22nd, 2011 at 11:31 am
But this is a drop in the ocean of “okay for me and not for thee” that they swim in.
January 22nd, 2011 at 11:32 am
@Brachiator: In fairness, it was likely the locals (Austin) that filed the suit. Our capitol is a whole different country from the rest of the state.
January 22nd, 2011 at 11:37 am
@jeffreyw:
What they might not have told you is that you might also benefit from eating in a way to lower inflammation in your body. If you’ve got joint pain and swelling, you may have more going on than just the thyroid issue.
If your hypothyroidism is Hashimoto’s, then you’ve got autoimmune disease of the thyroid. If you’ve got one autoimmune disease you may have more. Again, lowering inflammation in your body can help you feel better.
The basic anti-inflammatory way to eat is to eat low on the glycemic scale and also cut out wheat, sugar and possibly dairy. There’s more to it than that, but it’s a good start. It’s also not any fun at all. And based on the lovely food photos you share, it would not be at all fun for you. However, it’s easy to make small changes like eating less of some things and more of others. It could be worth considering.
Disclaimer: I’m not a doctor so take what I say with a giant vat of salt. Please consult your doctor or other health professional for accurate testing and diagnosis. I do have personal experience with both thyroid problems and auto-immune issues and have benefited from the knowledge of other lay people, so like to pay it forward if I can help in any way.
January 22nd, 2011 at 11:37 am
@PTirebiter:
Ahh, this is Texas, I forgot. By the way, is it true that the State Legislature is 2/3 Republicans or something? So they can pretty much pass anything uncontested.
January 22nd, 2011 at 11:37 am
@bkny: that is so typical of complete Immoral Hypocrites.
love this one with Super Teanut “John Stossel do when a pro wrestler hit him in 1986 after Stossel implied pro wrestling was fake? He sued. And in settling his lawsuit, Stossel reportedly accepted $200,000 for his pain and suffering.”
thanks for the great link.
January 22nd, 2011 at 11:38 am
Wow, that’s some douchebaggy shit right there. What a muhfuckin’ asswipe. Seriously.
I’d countersue that sumbitch on the basis of tresspassing, as the couple could have years ago.
January 22nd, 2011 at 11:41 am
If the law there is like Illinois, his suit revives the otherwise limited claim for trespass. One can only hope.
January 22nd, 2011 at 11:42 am
@WereBear: Ain’t that the truth. That’s the thing about Republicans that creates such a visceral reaction in me. That they know that, and delight in it makes it even worse. It may be what drives the “payback” instinct that Obama so wisely avoids.
January 22nd, 2011 at 11:47 am
@Violet: All very interesting. Some of the knee pain will no doubt be relieved when I undergo arthroscopy next week to repair a torn meniscus.
Nothing has been said about diet other than what is normally discussed during quarterly visits with my endocrinologist. The elevated TSH in the last blood lab, along with complaints of joint pain, swelling, and weakness were the tip off to the hormone imbalance. We are just now sorting out dosages.
I have found many online resources discussing the ramifications of the disease and anything you can add would be welcome, and thank you.
January 22nd, 2011 at 11:52 am
Now there’s taking responsibility for your actions. Should we start a pool for how soon he sues his lawyer for damaging his reputation and hopes for re-election hopes?
January 22nd, 2011 at 11:55 am
Look, the homeowners and the builder cruelly deprived Alesi of the chance to be a victim when they negligently failed to have him charged for trespassing. Therefore, due to their malicious non-victimizing behaviour he is forced to file a lawsuit to show he is a victim.
January 22nd, 2011 at 11:56 am
Never, ever, ever let the statute of limitations run out on a republican, at least without making him sign something.
January 22nd, 2011 at 11:57 am
TORT REFORM
Ha ha ha ha ha ha ha!
The biggest “frivolous lawsuit” assholes are always the ones screetching for tort reform. Every notice that?
January 22nd, 2011 at 11:58 am
@Ija: 101 to 49 and yes, that’s a super majority. But they’re now in a pretty tight spot. They’ve lied about having balanced the budget for the last ten years, and now the chickens have finally come home to roost.
They’ve gone through all the stimulus money they “refused”, and massive state lay-offs loom. It will be interesting watching them try to dodge, duck, dive and dodge the approaching turd storm.
January 22nd, 2011 at 12:00 pm
He probably needs money for his next campaign. It costs a lot of money, you know, and the economy isn’t what it used to be.
January 22nd, 2011 at 12:00 pm
Tort for me and not for thee! See also: Santorum. (Rick, not the less disgusting kind.)
January 22nd, 2011 at 12:01 pm
@PTirebiter:
Born in Texas. Been away for a while, but spent Christmas in the Dallas area. Never been to Austin, but hard to see how they would be different from the folks I grew up with. One relative, for example, thinks that people who don’t believe in the baby Jesus just ain’t right in the head, poor folks.
And although there is a lot of pro forma Texas Republicans are evil stuff Democrat here, a lot of what I saw and still hear about Texas is a core of people who see themselves as the rightful ruling class, consisting of people from both parties, doing deals to get what they want done.
This is not to say that there are not a lot of righteous Democrats in Texas (and road apple Republicans), but it ain’t always that easy to tell the good ones from the bad ones.
January 22nd, 2011 at 12:04 pm
@WereBear: perfect description. like the teanut anthem “I got mine.”
January 22nd, 2011 at 12:05 pm
I just sent him an email telling him I am going to contribute to his next opponent. Do the same. I don’t have much but $20 times 200 = $40,000
mistermix, please remind us when the time comes plus tell us who his opponent is…
Also, any legal defense funds?
January 22nd, 2011 at 12:07 pm
@Thoughtful Black Co-Citizen: Brilliant. You’re obviously a graduate from the Rove School of Applied Douchebaggery.
January 22nd, 2011 at 12:07 pm
Clearly the republicans are right when they say we need tort reform.
/ironic voice
January 22nd, 2011 at 12:09 pm
Can one sue for an injury sustained as a result of engaging in an illegal activity?
Pardon the gratuitous partisan rancor but it just seems so Republican of Alesi to figure that if the owners were too clueless to ream him for trespass they deserved to be held responsible for his broken leg.
January 22nd, 2011 at 12:13 pm
@jeffreyw:
Well, I could talk your ear off with my frustration with the medical system and the many doctors who misdiagnosed me for years. I was finally “diagnosed” by a layperson on an internet message board and had to demand my doctor run tests. By that time I was so sick I should not have been able to stand, let alone drive to the doctor’s office. All this could have been avoided if the any number of doctors had done their job, but that’s water under the bridge.
I have learned you must take charge of your own health DO NOT under ANY circumstances let the doctor or nurse just tell you you are “fine” or your lab results are “normal.” ALWAYS get a copy of your lab results (you are allowed these under HIPAA) and double check yourself. Doctors are busy, practices are busy and it’s easy for mistakes to happen. I have caught several things by following this practice.
As for thyroid, are you aware of the “range controversy”? Several years ago the American Association of Clinical Endocrinologists narrowed the acceptable range for TSH. The top level was 5.0 or 5.5 (depending who you ask) and they lowered it to 3.04. Some doctors pushed back, the AACE slightly revised their statement, and thus the “controversy” was born. However, if you’ve got Hashimoto’s (autoimmune thyroid disease) it’s recommended that you definitely keep your TSH under 3.0 and many Endos now want to see it under 2.0. I know I feel much better when mine is on the low end. Be sure you work in partnership with your doctor and work off how you feel (if they’ll let you) and not just the TSH number.
In the past thyroid problems were diagnosed and treated based on how the patient felt but in the 70’s or 80’s when the TSH value became available doctors started working from that. It doesn’t work well for everyone and if you are still exhibiting symptoms be sure to talk about it with your doctor. There are additional medications (Synthroid is T4, you can add in T3 for example) and it also takes time for thyroid problems to settle out and medications to work.
You should also ask for the full thyroid panel to be done. That includes: TSH, T4, T3, free T4, free T3 and both antithyroid antibodies (ATAs). If you test positive for the ATAs then you have Hashimoto’s and you should also be aware of other autoimmune issues. They run in families, so if other family members have things like diabetes, rheumatoid arthritis, lupus, scleroderma, eczema, etc. then you should be aware you probably have risk for autoimmune diseases. If you have kids, they should know too so they can be aware and let their doctors know.
I mentioned the diet above. Most doctors won’t tell you about it because they don’t consider it a factor. It can definitely help, but only you can make that decision. Take a look into it and see if it’s for you. It might be worth a try or it might be worth modifying your diet to include some principles. I have friends who have been helped tremendously by it, but it’s up to you. Here’s a link from Dr. Weil’s site that discusses the basic principles, just to get you started.
This post is ridiculously long so I’ll stop. If you have other questions, let me know. Repeating disclaimer: I’m not a doctor, so always consult your doctor regarding health issues.
January 22nd, 2011 at 12:15 pm
Apparently the Senator did break his leg falling off the ladder. I wonder if his health insurance company has some hand in this (stupid) suit – some clause that requires him to seek damages over any injury where someone else may be partially liable, or something of that sort. It seems inexplicably stupid otherwise.
January 22nd, 2011 at 12:15 pm
@PTirebiter: Waah! You’re taking my 1st Amenduhment Freedumbs!
January 22nd, 2011 at 12:18 pm
And what part of “inexplicably stupid” is so very different from “bog normal” anymore?
January 22nd, 2011 at 12:19 pm
@Barb (formerly Gex):
The less disgusting kind was named after the former Senator by Dan Savage, so they’re the same thing.
January 22nd, 2011 at 12:19 pm
@Brachiator: Next time you find yourself in Texas, try to make a point of spending some time in Austin. Lots of great music, food and things to do and see. It may restore your faith in what the state was meant to be, and FSM willing, will someday become.
January 22nd, 2011 at 12:21 pm
@Brachiator:
Seriously? That’s like saying, “It’s hard to see how the people in New York City could be different from the people in Syracuse.” Austin is very different from Dallas.
January 22nd, 2011 at 12:21 pm
@jeffreyw: Best website I know:
Stop the Thyroid Madness
Violet does know her stuff!
January 22nd, 2011 at 12:22 pm
Hey, it could have been worse.
January 22nd, 2011 at 12:23 pm
There is no cure for conservatism.
January 22nd, 2011 at 12:24 pm
@Brachiator: Brilliant description.
I was first horrified about the supermajority the repubs have in The Lege but then I realized that the shitstorm that is about to hit Texas full force is gonna land squarely on them. It’s hard to be imagine I would ever be happy to have the Repubs in a supermajority. But if there is a time for it to happen, I think this will be a fun one.
January 22nd, 2011 at 12:27 pm
And, if you DON’T have Hashimoto’s, make sure you get enough iodine; it’s my understanding that iodine will prevent many thyroid problems, but will turn around and aggravate them once they appear.
January 22nd, 2011 at 12:28 pm
The headline really ought to be “Clumsy Jackass & Ambulance Chasing Shyster Find a Builder Who Isn’t Judgment-Proof”, though.
January 22nd, 2011 at 12:30 pm
Because that’s the man bites dog take on the story. Fywp.
January 22nd, 2011 at 12:31 pm
@Violet: I live in Austin and have for a long time. I also grew up in Lubbock of all places. I agree that Austin is fantastically different but I don’t think it is quite as different as some Austinites want to believe.
And my Dem friends in Lubbock (Yes, they really exist. They aren’t a myth!) weren’t that terribly different from the ones in Austin.
January 22nd, 2011 at 12:32 pm
[...] Monsieur Mix at Baloon-Juice, my favorite blog) Share and [...]
January 22nd, 2011 at 12:42 pm
@mad the swine:
It is hard to tell if his insurance company is the real party behind this lawsuit because under subrogation he is officially the plaintiff.
Even if this is so, a non-asshole wouldn’t go along with his insurance company but would either eat it or hire a lawyer to deal with the insurance co.
January 22nd, 2011 at 12:49 pm
@Violet: RE: Never been to Austin, but hard to see how they would be different from the folks I grew up with.
I’ve never been to Austin, but I know people from all over the state (with seepage into Louisiana and Oklahoma). Texas is a huge state. So big that El Paso and Plano seem to be worlds away from each other. But Texas is also so strange that people from Fort Worth are different from people from Dallas, and the two cities are only about 30 miles apart.
That said, I have rarely encountered the Texas religious vibe in any other state, including other Southern states. And I think it may have been a Texan I heard in an interview who said that Dubya was incapable of lying because he had found Jesus and had been born again.
ETA: love my friends from Syracuse.
January 22nd, 2011 at 12:51 pm
There is still the possibility of filing a civil suit for trespassing and malicious damage and dumbfuckery and a host of other legal terms too Latin for me to understand such as Posterioriti Cranii and the longstanding legal principles of Upsi Dasi. Clearly the homeowners and the builder were damaged by this idiot’s actions.
January 22nd, 2011 at 12:52 pm
Rarely is the question asked: Is our bloggers learning?
January 22nd, 2011 at 12:57 pm
I though Alesi wanted to split NY State in two. Maybe that was some other asshole republican around Rochester. Its so hard to keep them straight.
January 22nd, 2011 at 1:07 pm
@PTirebiter:
Although I am semi-permanently alienated from Texas (love to visit, always glad when I leave), Austin is on my list of places to visit the next time I go back.
January 22nd, 2011 at 1:08 pm
@jeffreyw: Try a Vitamin D supplement. The S.O. thought he was developing arthritis, the doctor said I don’t think so. One blood test and one Vitamin D Deficiency lecture later he started taking the supplement. The aches and pains cleared up in less than a month.
January 22nd, 2011 at 1:11 pm
@Thoughtful Black Co-Citizen: Having browsed around the Vitamin D Council website, I am now of the opinion that any clothed person in North America has a vitamin D deficiency.
I go by “1,000 units per 25 pounds of bodyweight.”
January 22nd, 2011 at 1:21 pm
@WereBear:
I love that site, but they’re SERIOUSLY hardcare anti-Synthr0id. I get it, but I also think it can work for some people. We’re all different and Synthr01d works for someone, then good for them. It’s supported by the medical community, easy to get covered on insurance and easy to find at pharmacies. It just makes life easier in a lot of ways than going for Armour or some other STTM-approved medication.
I like Mary Shomon’s sites, although she posts at about dot com, which I detest. Her info is good though. She also maintains thyroid-info dot com, which is another good resource. She’s written some good books with easy to understand info. They’re also good to read to arm yourself with good info when going to the doc. It does help to be able to speak their lingo and ask the right questions in the right way. STTM is so strident, which I TOTALLY get based on how long I struggled and how bad I felt and how NO doctor took my complaints seriously, but that approach doesn’t always work to get you what you need when going to the doc.
@Thoughtful Black Co-Citizen: Totally agree with the Vitamin D suggestion. You don’t necessarily get all you need from the sun because as you age your body’s ability to process sunlight into Vitamin D diminishes. I was feeling just not quite right, requested a Vitamin D test from my Endo and it turns out I was on the low side. He recommended 2000 IU a day and that wasn’t enough. I’m on 4000 IU a day now and feel pretty good. My sleep improved tremendously right away. I’m a big believer in Vitamin D.
January 22nd, 2011 at 1:40 pm
Well, I’m done with one semester of law school, so here’s my thoughts:
(A) he has no case. The standard duty of care for trespassers is you’re not allowed to cause intentional harm, you aren’t responsible for protecting against known or knowable harm.
(B) even though the statute of limitations expired, I would file a countersuit for trespassing. Generally judges don’t like people acting in bad faith, and I’m sure a judge would grant a waiver to file this countersuit.
Besides the political ramifications, I just don’t see how this can benefit him in any way legally, unless there’s some details I just don’t know about.
January 22nd, 2011 at 1:42 pm
@RoonieRoo:
Totally agree. I was kind of glad Bill White lost because at least this way the Republicans have to own their mess. If he’d won they’d blame it all on the Dems.
@Brachiator:
There’s plenty of Christian religious nuts in Texas, but there are pockets of sanity. Austin, at least central Austin, is one of them. Suburban Austin is probably a lot like the other parts of the state. But Austin does have a different vibe. Be sure to visit the next time you get a chance. It’s still Texas though. If you’re looking for Berkley, it’s not that.
January 22nd, 2011 at 1:47 pm
@WereBear: It makes sense. Evolutionarily speaking we’re about two minutes from the time when we had to go outdoors if we wanted to eat.
Part of the S.O.’s Vitamin D Deficiency lecture included a number of tips for Safe Sunning.
January 22nd, 2011 at 1:59 pm
Generally, health insurance companies/plans won’t turn to subrogation for losses. (This is different from medical expenses incurred due to automotive incidents and filed through auto insurance, of course.) Given the fact that he was committing a criminal offense when the injury occurred, I wouldn’t be surprised if the HI plan sued Alesi for compensation. Insurance is a state issue, and no charges were filed, so I don’t how their rules might apply, though.
January 22nd, 2011 at 2:07 pm
@PTirebiter:
An apt metaphor. Maybe that’s what he was trying to do when he fell.
January 22nd, 2011 at 2:11 pm
@Violet:
Given all the recent stuff going down in Texas (school textbook madness, etc.), it’s good to hear that there are at least some few brave outposts holding out against the insanity.
By the way, the thyroid stuff is interesting. A co-worker is dealing with this issue. I may pass some of the posts here along.
January 22nd, 2011 at 2:38 pm
@johnsmith1882: I know. I was making a point with that comment – that the person is worse than the item named after him.
January 22nd, 2011 at 2:42 pm
@PhoenixRising:
If the builder’s not judgment-proof, he needs new lawyers. It’s trivially easy: (1) separate legal entity for each project; (2) observe all the corporate formalities; and (3) never ever personally guarantee anything or allow any debt to be cross-collateralized.
January 22nd, 2011 at 2:44 pm
@Brachiator:
PLEASE encourage your co-worker to get their lab results and review them himself or herself. Especially if your co-worker is female, she has to take charge of her health herself. That applies to everyone, but particularly women. Yes it’s wrong but it’s also just the way it is.
I’m happy to answer other questions. I’ve learned a lot the hard way. I hate for others to struggle and am happy to help if I can.
January 22nd, 2011 at 3:00 pm
The dickheads will inherit the earth.
January 22nd, 2011 at 3:04 pm
I know this is late to the party but my first thought were “what an a-hole” but my second thoughts were “tough shit” to the builder and homeowner.
I can guarantee you that if any of my relatives were the ones who had trespassed, they’d be in jail right now because the homeowner or builder would have pressed charges. Ditto if it were a black or hispanic person (and I have to say probably “white” as well). Basically the whole
is just a non-Obama non-presidential way of saying the political class is above the law and we should “look forward not look back”. If homeowners are going to buy into that philosophy then I say tough shit because they are being poor citizens. Everyone has a role in a democracy and they failed to do theirs. If they think that a state senator is above the law, then tough shit don’t whine to me when it comes back and bites you in the ass.
Speaking of which, I don’t know what it takes to get Democrats to follow the “rule of law” but the original incident was publicized in the local papers and since NY state is run by the Democrats, I didn’t know the state DA’s office needed permission from a civilian in order to apply the law and prosecute a self evident crime and issue a subpoena to the homeowner to testify.
I don’t know why his Dem challenger didn’t ensure that the Dem Attorney General’s office of NY prosecuted Alesi for the crime but that’s political malpractice right there. Why anyone gives money to Dems is a wonder sometimes.
And everytime I think that the Repubs are bad people, I remind myself that “no the Dems don’t believe in the rule of law and democracy either”. I remember when a lot of you folks got all up in arms about the Colorado DA not charging that Morgan Stanley guy with hit-and-run because it would ruin his career but apparently “rule of law outrage” only applies when Republicans don’t follow it.
January 22nd, 2011 at 3:13 pm
@Violet: Thanks for update on that thyroid site: she seemed knowledgeable based on the info I researched during a “hypothyroid eyebrow” scare.
My levels wound up to be okay… I had been using a new toner and it had bleached them. :) Easily fixed.
January 22nd, 2011 at 3:30 pm
@WereBear:
They’re very knowledgeable but also very strident. That’s good in some ways but for a newbie to thyroid issues it can be a bit over the top. I’m glad your issue was resolved fairly simply!
January 22nd, 2011 at 3:51 pm
@Violet: Thanks! Good point about the newbies; I’m militant on health issues, and forget not everyone is.
Actually, I took the stridency as rather normal… in a woman who’d been patted on the head too many times… if you know what I mean.
January 22nd, 2011 at 3:53 pm
@Observer: Trespassing can be hard to prove if the owner doesn’t want to make a big deal. You’d have to have the owner testify that he did not give permission. IANAL
January 22nd, 2011 at 4:12 pm
@WereBear:
Yep, I know exactly what you mean. Been there. If you’ve learned it the hard way you know you have to be tough to get what you want from the doctor, especially if you’re female. I get where they’re coming from, but I’m just more moderate in how I approach the whole issue.
January 22nd, 2011 at 4:13 pm
I take Synthroid. I have been for twenty-plus years, and it works for me. I have to switch docs, though. I am very dissatisfied with my current doc (which is a shame because we had a great working relationship for many years).
Oh, and moral of this story: Always press charges against Republicans.
January 22nd, 2011 at 4:32 pm
@Observer:
This is parody, right? And not stupid?
January 22nd, 2011 at 5:03 pm
As a contractor maybe I can shed a bit of light, the builder is an idiot – that ladder can be referred to as “an attractive nuisance” and should not have been standing in place unless actual work was going on. If work was going on the guy should have been barred from entry. Any hole should be guard railed or covered.
You cannot, as a builder, make assumptions about abilities or judgement other than that they do not exist. The most dangerous tool on a job site is a ladder – don’t care about people’s ideas – insurance says so. I get totally pissed by the idea that cops are such heroes for doing a job, per worker comp rates construction is far more dangerous. People, including builders, forget this and forget at their hazzard that sites are damn dangerous and need to be protected from the … idjits.
I had one owner, who I couldn’t bar, give me shit for barring relatives from a site. My response – you bring them and you assume the liability by doing such. You should see my liability rates … agh …
January 22nd, 2011 at 5:32 pm
@tom p:
“$20 times 200 = $40,000”
Gastritis broke your calculator?
January 22nd, 2011 at 5:33 pm
Because I am in seventh grade, I cracked up at this on Alesi’s Wiki entry:
“He was elected to the New York State Senate in a Special Election in 1996 and has been re-elected every two years since. Many of his constituents have stated that they believe his popularity stems from a feeling of pity by voters for Mr. Alesi’s constant struggle with morbid obesity.”
mistermix, did you have anything to do with this?
January 22nd, 2011 at 6:34 pm
Yah, that pretty much summurizes(sp?) eery commentor here…
I repeat, PUT YOUR F’Nnnn MONEY WHERE your mouth is…
You people are worth than useless
Bitch about things within the echo chamber? ALL ABOUT THAT
Do something,like…
“I just sent him an email telling him I am going to contribute to his next opponent. Do the same. I don’t have much but $20 times 200 = $40,000
mistermix, please remind us when the time comes plus tell us who his opponent is…
Also, any legal defense funds? ”
I repeat, You people are worse than useless. SHOW ME THE MONEY
January 22nd, 2011 at 7:01 pm
Gastritis: Yeah, I dropped a digit.
January 22nd, 2011 at 7:03 pm
sorry, I meant “sneezy”...
January 22nd, 2011 at 7:05 pm
@Observer: The guy didn’t have any apparent ill intent, and he had a broken leg. It sounds like they just thought the broken leg was punishment enough, didn’t see the point in going to court, and didn’t expect him to file an idiotic lawsuit a year later – not that they thought he was above the law.
January 23rd, 2011 at 2:22 am
google tells me that NY tort statute of limitations is 3 years, same as criminal trespass statute. my legal training is Louisiana (1 year prescription for tort, no prescription for crime [prescription more or less equal to s.o.l.). Can anyone explain how this asshat is in the clear for the criminal charge but still can bring the civil suit? how could the statute have been interupted? or is google not a trustworthy source of legal info? perhaps there is special leg. that extends statute in this situation?
January 23rd, 2011 at 12:46 pm