Entitled Jackass of the Decade

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.






107 replies
  1. 1
    PIGL says:

    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.

  2. 2
    Rhoda says:

    Tort reform!

  3. 3
    pk says:

    You had no idea that a republican was a colossal asshole! Republican = asshole. Its an axiom.

  4. 4
    PIGL says:

    @Rhoda: What we need is judge reform. As in “Say what? Case dismissed! Bailiff, whack his pee-pee!”

  5. 5
    Scott says:

    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.

  6. 6
    Violet says:

    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.”

    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 couple who lives in the home is shocked. Lou DiRisio says there will be no settlement with Alesi. “The support that I’ve received from friends, family, people I don’t even know… it’s been amazing.”

    The average person knows this is wrong. Any kind of elected public official who does this is not winning friends. Or votes.

  7. 7
    Superluminar says:

    Alesi is a fairly moderate Republican

    and

    I had no idea he was such a colossal asshole

    these statements are not mutually exclusive. I do love the DougJson level of snark from the builder, however

    I suppose it might not have been safe for someone who is not familiar with operating a ladder,

  8. 8
  9. 9
    Mark S. says:

    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.

  10. 10
    jeffreyw says:

    @PIGL:
    “Here, let me whip this out.”

  11. 11
    Violet says:

    @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?

  12. 12
    dmsilev says:

    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.”

    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

  13. 13
    MeDrewNotYou says:

    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.

  14. 14
    jeffreyw says:

    @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?

  15. 15
    Superluminar says:

    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.

  16. 16
    MeDrewNotYou says:

    There’s this, from the story:

    The under-construction home was already sold by the time Alesi decided to check it out, but Alesi apparently thought it was still for sale.

    Of course you can just go into an unfinished home if you want to buy it! Who needs the damn developer’s permission?

  17. 17
    PTirebiter says:

    @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. .

  18. 18
    Violet says:

    @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.

  19. 19
    me says:

    @jeffreyw: Goddamnit, I haven’t had breakfast yet and now I’m really fucking hungry.

  20. 20
    Kristine says:

    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.

  21. 21
    bkny says:

    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.

  22. 22
    TR says:

    “I suppose it might not have been safe for someone who is not familiar with operating a ladder, or for someone without proper footgear.”

    Translation: He’s an idiot and an elitist. Priceless.

    ETA: I like dms’s translation better.

  23. 23
    Ija says:

    @PTirebiter:

    Confined to a wheel chair, He ran on the typical, law and order, tort reform platform and won in a landslide. .

    Was his opponent too stupid to make attack ads about his 10 million dollars lawsuit?

  24. 24
    piratedan says:

    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?

  25. 25
    jeffreyw says:

    @Violet: Yeah, various symptoms were discussed, joint pain and swelling got my attention, my knees are killing me.

  26. 26
    Brachiator says:

    @PTirebiter:

    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.

    From the Wiki:

    Abbot appeared before the United States Supreme Court in Washington, D.C., where he defended a Ten Commandments monument on the Texas State Capitol grounds. … The Supreme Court held in a 5-4 plurality decision, found the Texas display did not violate the Establishment Clause and was constitutional.

    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.

  27. 27
    morzer says:

    What a shameless little son of a bitch Jim Alesi is.

  28. 28
    Francie says:

    UH, I guess the Senator didn’t wear his ladder-climbing shoes,
    oh well, douchebag!

  29. 29
    Francie says:

    UH, I guess the Senator didn’t wear his ladder-climbing shoes,
    oh well, douchebag!

  30. 30
  31. 31
    djesno says:

    the people have spoken, and they want, “FOUR MORE YEARS OF DOUCHEBAG!!!”

  32. 32
    PTirebiter says:

    @Ija: Nope,he didn’t need to. It was all over the news, including Fox. His opponent was exposed as an admitted Democrat.

  33. 33
    hueyplong says:

    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.

  34. 34
    catpal says:

    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.

  35. 35
    WereBear says:

    But this is a drop in the ocean of “okay for me and not for thee” that they swim in.

  36. 36
    PTirebiter says:

    @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.

  37. 37
    Violet says:

    @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.

  38. 38
    Ija says:

    @PTirebiter:

    His opponent was exposed as an admitted Democrat.

    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.

  39. 39
    catpal says:

    @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.

  40. 40
    AxelFoley says:

    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.”

    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.

  41. 41
    eric says:

    If the law there is like Illinois, his suit revives the otherwise limited claim for trespass. One can only hope.

  42. 42
    PTirebiter says:

    @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.

  43. 43
    jeffreyw says:

    @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.

  44. 44
    scav says:

    Friday afternoon, Senator Alesi called us back and would only read a statement over the phone. He said, “My attorney has filed a civil lawsuit on my behalf… beyond that I have no comment.” When I tried to ask questions, the Senator hung up the phone.

    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?

  45. 45

    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.

  46. 46
    MikeJ says:

    Never, ever, ever let the statute of limitations run out on a republican, at least without making him sign something.

  47. 47

    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?

  48. 48
    PTirebiter says:

    @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.

  49. 49
    cathyx says:

    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.

  50. 50
    Barb (formerly Gex) says:

    Tort for me and not for thee! See also: Santorum. (Rick, not the less disgusting kind.)

  51. 51
    Brachiator says:

    @PTirebiter:

    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.

    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.

  52. 52
    catpal says:

    @WereBear: perfect description. like the teanut anthem “I got mine.”

  53. 53
    tom p says:

    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?

  54. 54
    PTirebiter says:

    @Thoughtful Black Co-Citizen: Brilliant. You’re obviously a graduate from the Rove School of Applied Douchebaggery.

  55. 55
    different church-lady says:

    Clearly the republicans are right when they say we need tort reform.

    /ironic voice

  56. 56
    NovShmozKaPop says:

    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.

  57. 57
    Violet says:

    @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.

  58. 58
    mad the swine says:

    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.

  59. 59

    @PTirebiter: Waah! You’re taking my 1st Amenduhment Freedumbs!

  60. 60
    scav says:

    And what part of “inexplicably stupid” is so very different from “bog normal” anymore?

  61. 61
    johnsmith1882 says:

    @Barb (formerly Gex):
    The less disgusting kind was named after the former Senator by Dan Savage, so they’re the same thing.

  62. 62
    PTirebiter says:

    @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.

  63. 63
    Violet says:

    @Brachiator:

    Never been to Austin, but hard to see how they would be different from the folks I grew up with.

    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.

  64. 64
    WereBear says:

    @jeffreyw: Best website I know:

    Stop the Thyroid Madness

    Violet does know her stuff!

  65. 65
    cbear says:

    Hey, it could have been worse.

    Gooper 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 landed on a dildo, rolled into two wetsuits, and inadvertently hog-tied himself.

  66. 66
    Ajay says:

    There is no cure for conservatism.

  67. 67
    RoonieRoo says:

    @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.

  68. 68
    WereBear says:

    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.

  69. 69
    PhoenixRising says:

    The headline really ought to be “Clumsy Jackass & Ambulance Chasing Shyster Find a Builder Who Isn’t Judgment-Proof”, though.

  70. 70
    PhoenixRising says:

    Because that’s the man bites dog take on the story. Fywp.

  71. 71
    RoonieRoo says:

    @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.

  72. 72

    […] Monsieur Mix at Baloon-Juice, my favorite blog) Share and […]

  73. 73
    MonkeyBoy says:

    @mad the swine:

    if his health insurance company has some hand in this (stupid) suit – some clause that requires him to seek damages over any injury

    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.

  74. 74
    Brachiator says:

    @Violet: RE: Never been to Austin, but hard to see how they would be different from the folks I grew up with.

    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.

    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.

  75. 75
    jon says:

    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.

  76. 76
    scarshapedstar says:

    Alesi is a … Republican, and … I had no idea he was such a colossal asshole.

    Rarely is the question asked: Is our bloggers learning?

  77. 77
    Paris says:

    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.

  78. 78
    Brachiator says:

    @PTirebiter:

    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.

    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.

  79. 79

    @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.

  80. 80
    WereBear says:

    @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.”

  81. 81
    Violet says:

    @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.

  82. 82
    Raznor says:

    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.

  83. 83
    Violet says:

    @RoonieRoo:

    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.

    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.

  84. 84

    @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.

  85. 85
    Ripley says:

    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.

    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.

  86. 86
    gnomedad says:

    @PTirebiter:

    They really do thrive on pulling up the ladder after they’ve reached the top.

    An apt metaphor. Maybe that’s what he was trying to do when he fell.

  87. 87
    Brachiator says:

    @Violet:

    There’s plenty of Christian religious nuts in Texas, but there are pockets of sanity. Austin, at least central Austin, is one of them.

    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.

  88. 88
    Barb (formerly Gex) says:

    @johnsmith1882: I know. I was making a point with that comment – that the person is worse than the item named after him.

  89. 89
    burnspbesq says:

    @PhoenixRising:

    The headline really ought to be “Clumsy Jackass & Ambulance Chasing Shyster Find a Builder Who Isn’t Judgment-Proof”, though.

    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.

  90. 90
    Violet says:

    @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.

  91. 91
    Alyson says:

    The dickheads will inherit the earth.

  92. 92
    Observer says:

    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

    “they didn’t want to make a bad situation worse for the Senator”

    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.

  93. 93
    WereBear says:

    @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.

  94. 94
    Violet says:

    @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!

  95. 95
    WereBear says:

    @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.

  96. 96
    Malraux says:

    @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

  97. 97
    Violet says:

    @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.

  98. 98

    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.

  99. 99
    Nerull says:

    @Observer:

    This is parody, right? And not stupid?

  100. 100

    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 …

  101. 101
    sneezy says:

    @tom p:

    “$20 times 200 = $40,000”

    Gastritis broke your calculator?

  102. 102
    shortstop says:

    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?

  103. 103
    tom p says:

    The dickheads will inherit the earth.

    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!!!

  104. 104
    tom p says:

    Gastritis: Yeah, I dropped a digit.

  105. 105
    tom p says:

    sorry, I meant “sneezy”…

  106. 106
    Hob says:

    @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.

  107. 107
    glenn says:

    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?

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