This is Getting Out of Hand

[xoxoxoBruce]

SARASOTA, Florida (AP) — Owners of a Sarasota car wash have settled a lawsuit brought by a woman who blamed the business for hiring a sex offender who exposed himself to her.

The settlement between the woman and owners of the Eager Beaver Car Wash was reached this week as a trial jury deliberated whether to levy punitive damages against the business. Terms of the deal are confidential.

According to testimony, Andrew Resch was hired by the car wash about two weeks after he was released from prison in 2002. He was convicted of lewd and lascivious conduct in 2000.

About six months after he was hired, Resch missed work because he was arrested for making sexual comments to a 16-year-old girl at a shopping mall in Sarasota, a violation of his probation.

Still employed two weeks later at the car wash, he exposed himself to the female customer. Resch pleaded guilty to indecent exposure and served a two-year prison sentence.

After he was convicted, the victim sued the car wash, saying it was negligent in hiring Resch and allowing him to keep his job.

Now wait a damn minute. OK, an employee screws up and goes to jail. An employer is responsible for the actions of their employees.

But, and a very big but, punitive damages becaused they hired an ex-con? They were supposed to be able to predict he'd do this?
Bullshit, that's preposterous.

[Cyclefrance]

Crazy world - the authorities want businesses to help bring wrong-doers back into the community, and if this is the reward they get, then it's hardly going to encourage other busineses to jump on board.

This is what you get when the compensation side of the legal industry (certainly this side seems more of an industry than a profession) is free to encourage anyone to make a claim when they feel grieved and to do so on a 'no win, no fee' basis.

Not sure how you stop this sort of thing happening - so long as 'victims' are encouraged to pursue whatever cases they feel they have then it isn't going to change. And from another pesrpective, I can hardly see the authorities stepping in offering some form of indemnity to employers to protect them from being sued if one of their probationers misbehaves while under their employment.

How often do we see the wrong party losing out. It's just like over here when an individual whistleblows on the government for screwing up. You never see the government take the hit - no ministers sacked or other penalty dished out on their side. No, it's just the whistleblower who in almost every case loses their job or is suspended, when they are the ones who should be rewarded for actually trying to improve a bad situation.

[Elspode]

The guy probably didn't know he wasn't supposed to do that. I mean, c'mon...he was working at the *Eager Beaver* Carwash. He probably figured, "Hey, that must one of those eager beavers they named this place after. Hey, lady! Look at this!"

[Beestie]

When the courts stop awarding punative damages to the plaintiff this bullshit will cease. I don't have a problem with punative damages being levied against "guilty" defendants (its not really guilt in a civil case) but the punative award should be routed to a state-level victim's fund and the plaintiff's bounty should be capped at compensatory damages plus reasonable attorney's fees. Most of the lawyers who create these cases out of whole cloth should be horsewhipped in the town square and the judges who are reluctant to throw their golf-buddies' cases out of court aren't far behind.

The American Trial Lawyers Association (ATLA) and the legislators on their payroll if not their membership roster are collectively about one or two steps removed from organized crime.

[wolf]

Originally Posted by Elspode

The guy probably didn't know he wasn't supposed to do that. I mean, c'mon...he was working at the *Eager Beaver* Carwash. He probably figured, "Hey, that must one of those eager beavers they named this place after. Hey, lady! Look at this!"

Her beaver was clearly not eager.

[Mundane Gorilla]

Originally Posted by Beestie

When the courts stop awarding punative damages to the plaintiff this bullshit will cease. I don't have a problem with punative damages being levied against "guilty" defendants (its not really guilt in a civil case) but the punative award should be routed to a state-level victim's fund and the plaintiff's bounty should be capped at compensatory damages plus reasonable attorney's fees. Most of the lawyers who create these cases out of whole cloth should be horsewhipped in the town square and the judges who are reluctant to throw their golf-buddies' cases out of court aren't far behind.

The American Trial Lawyers Association (ATLA) and the legislators on their payroll if not their membership roster are collectively about one or two steps removed from organized crime.

Exactly! I mean how much monetary value can you put on being flashed? I am not siding with the perv but how emotionally scarred could you possibly be? It's a means to get rich quick. Reminds me of all the commercials I see on TV.

Have you ever been in a wreck!? Do you know someone thats been in a wreck!? Have you ever seen a wreck on TV?! If so I can get you cash fast! Just call (insert sleazy attorny name here) TODAY!