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MrMarc

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Posts posted by MrMarc

  1. 2 hours ago, Orsino said:

    'losing parties having to pay winning party's legal fees' would be a change to the entire legal system.
    Furthermore, I believe one can ask for legal fees in certain circumstances currently.

    So if you are injured, you should only be able to file a suit if you have as much money as the other party has to spend on attorneys?  If you are hit while stopped at a stoplight, juries return verdicts against the person that was just stopped all the time.  This basically closes the courts to everyone except the extremely wealthy.

    • Like 2
  2. 18 minutes ago, A&L_Ont said:

     

    I'm not sure if you are referring to RC or the family.

     

    The family's representation was going to the media, to sway public opinion.  It is part of the "routine".  The small fraction of the general public here on CC discussing it would have no sway in the outcome of this case.

     

     

    However making details public about the accident is what the family's lawyers were doing, to sway RC to avoid going to trial.

    And RCCL released the video to do the same thing.  Ever see the TV ads where corportions basically say how good and safe they are?  If you looked you would most likely find a case going to trial in that area.  My point is that defendants do the same thing, I do not like either.

  3. 9 minutes ago, Ocean Boy said:

    Of you re-read what I wrote I didn't say the system changed, I said opinion changed. Personally, I think all the lawyers with 800 numbers advertising on TV has a big role to play in today's perception of the system along with things you mentioned.

    Sorry. I read too quickly.  And that plays a part in it also.  But ask anyone that has actually been involved in a personal injury lawsuit, the public's perception is very different from reality.

    • Like 1
  4. 5 hours ago, Ocean Boy said:

    So why to you think that opinion about the legal system in the U.S. has changed so drastically?

    In my opinion, the system hasn't changed, people's opinion of the system has changed based on a few misreported real cases and a huge number of totally imaginary cases reported and/or misreported by the press.  Just look at how many people have already decided the outcome of this case based on media reports.  Trials were never meant to be held by vote of public opinion.  

    • Like 1
  5. 45 minutes ago, S.A.M.J.R. said:

    The prime example is "coffee may be hot".  BUT, once I found out the facts (see what I did there @MrMarc?) about that case (https://www.caoc.org/?pg=facts), I can side with the plaintiff.  BUT, in that case, McDonalds had settled other lawsuits, basically acknowledging they knew their product was dangerous.

     

    I don't think that's the case with Royal.  I've seen threads about this case obviously here, another message board I frequent, and YouTube.  I've found ONE person saying Royal is at fault.  My understanding in a civil trial, you don't need a unanimous decision from the jurors.  I think it's going to be difficult for the family to get even 50% of jurors (can you have a hung jury in a civil suit?) to side with them.  They MIGHT get one, and at most two.  Just my opinion.

    I totally agree.  But my point is that there are questions for a jury to answer.  My guess is they are going to try and get a jury to put at least a small percentage of the blame on RCCL and less than 50% on the parents and/or the child.  The damages numbers could be large enough that that small percentage could still be a substantial amount.  But I haven't read the pleadings at all, so I have no idea what their strategy is.  I would have never tried to say he didn't know the window was open, I would have come at it from a totally different direction, if I had to.

     

  6. 16 minutes ago, S.A.M.J.R. said:

    I was talking in general, not in this case.  Can a judge decide, based on what's been presented, that the Plaintiffs haven't met the burden of proof (whatever the "level" is)?  If so, then they CAN decide on "facts", which you said they can't do.  

     

    Have you seen the video yourself?  Have you been on the ship (the class if not the actual ship)?  Do YOU think there should have been warning signs and/or a net?  

    Yes I've seen the video.  Personally I think only the grandfather was negligent.  But if I was an associate at a law firm and someone dropped this case on my desk, I think I could at least get it in front of a jury because there are some questions of facts.  I know people disagree with that, but if something happens to you, it might be totally different.  To get past summary judgment all you need is to present a question of fact.  It seems wrong when you look at some cases from the outside, but if you are involved it seems much different.  That's what courts are for.  We resolve our disputes in court.  We used to be proud of that, only recently has it been turned into something bad.  The question of getting a case before a jury is totally separate from who should win. When you start erecting barriers to getting what some one else believes is justice today, someone else can use those same barriers to  do the same thing to you tomorrow.  Just my opinion.

  7. 41 minutes ago, smokeybandit said:

    I still have no idea how any reasonable person would see an open window and think "hey there's no sign saying it might be dangerous,  let me dangle a young child out the window" 

    I seriously doubt the grandfather thought that.  We all have brain farts.  Like grabbing a hot pan or something in the oven.  Warning signs are for those moments that we all have .They are usually not to warn you but remind you.  But most of the time the results are not this tragic and the danger is not this obvious.

  8. 14 minutes ago, S.A.M.J.R. said:

    No?  So what's a "directed verdict"?  Or is that only for criminal trials?

    That's effectively what a JNOV is, but in both cases they still get a chance to prove their case to a jury first.  Summary Judgement is where there is no question of fact in the case at all.  While many people will think the answers to the questions are obvious, if there is a question of fact then a jury needs to decide it.  Without reading the pleadings I would wonder what the safety regulations were, and there are probably a number of overlapping ones.  Could the color of the windows been different for color blind people?  Could they have had other safety devices like a net?  Should there have been warning signs?  Again, most people will think they are silly questions, but they are questions.  If the baby's estate is one of the Plaintiffs, you certainly could not attribute any negligence to it, so I think under Florida law it could collect damages.

     

  9. Directly from Royal Up:

     

    We appreciate your interest in taking part of this wonderful opportunity and It is our pleasure to assist you with your question on your RoyalUp bid. 

    We apologize for the trouble, our team is aware of the outage and we are working on resolving the issue as quickly as possible.

    We appreciate your patience while we work to restore service and please try again at a later time.

    Thank you again for contacting Royal Caribbean. We look forward to sailing with you. 

     

    Best Regards, 

      

    The Royal Caribbean International® RoyalUp® Team 

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  10. 8 minutes ago, S.A.M.J.R. said:

    So a Judge can't decide that the plaintiffs haven't proved their case and any reasonable jury would find for the defendants?  Have I been reading too many novels and watching too much TV?  

    No.  Actually I am an attorney.  I can see many questions of fact in this case.  While I would never have taken it, I think it should have survived summary judgment, even though I think the outcome is obvious.  Perhaps even a JNOV possibility, but not summary judgment.  What would be interesting would be for a Guardian Ad Litum or even RCCL to bring the Grandfather in as a defendant.

    • Thanks 1
  11. The appellate Court simply said a Jury should hear the facts and make the decision, not the Judge.  There is a question regarding the safety of the design.  While everyone here seems to have made their own decision, the fact that you are deciding is why it is a question of fact not law.  No matter how obvious it seems to people here, questions of fact ore for a jury.  Questions of law are for the Judge.  If Royal makes the business decision to settle, trust that their lawyers know what they are doing.  Every case that goes before a jury, no matter how obvious it may be to you, involves some risk.

  12. There is a problem with Royal Up right now.  The only way to see or change your bids is from the original email link.  The web page is not working and it has disappeared from the cruise planner.  They are working on it.  The bids have not been lost.

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