The report from WGEM concerns a runaway makeshift trailer that crashed into a car killing one of the passengers. The passenger was a 6-years-old girl and from the video obviously loved a great deal by those who knew her. Whether the parents and loved ones know it or not the issue surrounding young Emina Smajlovic are much larger than they can imagine. As a lawyer I see many grieving parents who only after such an incident can comprehend what tort reformers are all about.
When you approach the voting booth to vote for tort reform, you essentially walk the plank praying there are no sharks in the water who like how you taste. After the piraes throw you into the shark infested waters, they walk away leaving only the lawyers to help save your life. You think I'm kidding? I'm not.
Drive down a busy street of one of the many interstate highways you use daily. Look around at the other distracted drivers who will certainly cause an accident somewhere today. Then you have to pray your number isn’t the one being pulled to be their next victim of the jerk driving the car beside yours.
In a similar vein, walk the many aisles at WalMart and other department stores looking at the “Made In An Undeveloped Country” sticker. Do you really trust the paint on the product hasn’t got lead in it? How about the coffee whitener, do you really know what is in it? Melamine? Again you pray the sharks in the water don’t like the way you taste.
We can regulate and pass laws saying don’t do this and don’t do that; but if you have no right to seek redress or the redress you can seek isn’t worth much, then it’s a waste of everyone’s time to pursue your legal rights. That means those who do you wrong really have nothing to fear. After all "What are you going to do about it?" If the CCP has it their way all you will get to do is cry big tears. Why do you think people in China are willing to risk imprisonment, injury and death to protest China’s repression? Do you really think they are all crazy?
Yes it’s about lawsuits and no there aren’t too many lawsuits. The fact is there are fewer lawsuits than there are injuries caused by other people’s foolish acts. Not every injured person has a case that results in a lawsuit. Many cases are settled without every filing a lawsuit. Many people, sort of like the people in this story, will probably get very little or maybe nothing from the offender. Lawyers can’t help people who have no rights or have no right to seek redress. What you need to understand is that we are just like our clients, we too have bills to pay, kids to feed and to put through college. We have utility bills and medical insurance to pay for. So pursuing cases that will not generate a recovery can’t be pursued. Like yours our time has to be spent in a way that creates a paycheck. And think for a minute that every lawyer has a plane, a big boat or a mansion - Some do but most of us don't.
Would you go to a lawyer that was receiving money from the Chinese Communist Party?
You see if the American Tort Reform Association, the U.S. Chamber of Commerce and the Chinese Chamber of Commerce have it their way, there will be no lawsuits when people like the driver of the vehicle pulling the trailer cause injury or death to someone in your family. There will be no lawsuits when people like Bernie Maddoff steal your retirement funds or when the toy your kid is chewing on destroys your kids central nervous system due to lead poisoning. What these three groups advocate is the elimination of the working person’s right to seek redress through the courts. They want to eliminate your right to file a lawsuit; or to change the way jurors think about anyone that does file suit. What these three groups want is to be able to manufacture mass produced products to sell world wide, that when they kill, maim or injure the end user or some innocent bystander, that smuck then has no redress against their financial interests. They will have you believe we need to take away your key to the courthouse. And believe me they are getting the job done. Pretty soon working people won’t need lawyers, because you won’t have a key to the jury box or for that matter to the court house or your case will be worthless and I'm not filing worthless lawsuits. Your rights will be so meaningless that only people who manufacture products will have rights to sue each other for patent infringement. And you my friend will be nothing but a pawn in a big shell game of consumerism. This form of consumerism seems a lot like communism to me. And perhaps that is why China is so cozy with the other two.
Funeral arrangements have been set for the little girl. Our prayers go out to the family. Photographs.
Grief without the right to seek redress is a cornerstone of a communist system of government.
But you can put America back on track and at the same time stop them:
When voting don’t vote for tort reform candidates.
When in the jury box vote without prejudice against those who do file suit.
As a juror think of the Golden Rule by doing unto others as you would have them do unto you.
"When you approach the voting booth to vote for tort reform, you essentially walk the plank praying there are no sharks in the water who like how you taste."