The pothole, the cyclists and the lawyer

From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1, was
on a trail that bikers grade as "easiest" when, according to documents
filed in court, "suddenly and without warning his bicycle came to an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location of
which constituted an unusual danger" might sound like something that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) — everything but the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he says
he suffered, while his co-plaintiff — his wife, Ashley, who wasn't
biking — "sustained a loss of guidance, care and companionship" she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at
http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus





J. Spaceman

Jason Spaceman wrote:
From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1, was
on a trail that bikers grade as "easiest" when, according to documents
filed in court, "suddenly and without warning his bicycle came to an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location of
which constituted an unusual danger" might sound like something that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) — everything but the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he says
he suffered, while his co-plaintiff — his wife, Ashley, who wasn't
biking — "sustained a loss of guidance, care and companionship" she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at
http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus





J. Spaceman


Ha ha ha! ROTFLMAO! Only in Canada! Where else can an organization
cancel a meeting of 16,000 attendees and sue to recover losses because
of SARS (and win). I'll bet he'll get every cent. But, isn't
CAN$1,150,000 like US$1.50? (That's a joke my northern friends. I
actually put Toronto in my list of top 10 cities I would live in, having
worked in Scarberia for two years).


--
o-o-o-o Ride-A-Lot o-o-o-o
www.schnauzers.ws

[snip]
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

What an idiot, he should have sued our dear Mike Vandeman!

At least we're not the ones who are sueing McDonalds because we're too
stupid to stop eating foor with the nutritional value of Styrofoam covered
in motor oil. Or better yet, suing the tobacco companies becuase we were
too stupid stop inhaling carcinogenic fumes.

Just a friendly retort!

I will admit, this guy is a total stooge, and not worthy of being Canadian.

Chris



"Ride-A-Lot" wrote in message
...
Jason Spaceman wrote:
From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1, was
on a trail that bikers grade as "easiest" when, according to documents
filed in court, "suddenly and without warning his bicycle came to an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location of
which constituted an unusual danger" might sound like something that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) — everything but the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he says
he suffered, while his co-plaintiff — his wife, Ashley, who wasn't
biking — "sustained a loss of guidance, care and companionship" she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at
http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus





J. Spaceman


Ha ha ha! ROTFLMAO! Only in Canada! Where else can an organization
cancel a meeting of 16,000 attendees and sue to recover losses because of
SARS (and win). I'll bet he'll get every cent. But, isn't CAN$1,150,000
like US$1.50? (That's a joke my northern friends. I actually put
Toronto in my list of top 10 cities I would live in, having worked in
Scarberia for two years).


--
o-o-o-o Ride-A-Lot o-o-o-o
www.schnauzers.ws

"Jason Spaceman" wrote in message
...
From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1, was
on a trail that bikers grade as "easiest" when, according to documents
filed in court, "suddenly and without warning his bicycle came to an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location of
which constituted an unusual danger" might sound like something that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) - everything but the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he says
he suffered, while his co-plaintiff - his wife, Ashley, who wasn't
biking - "sustained a loss of guidance, care and companionship" she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at
http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus



Negligence is very hard to prove in civil/criminal law. There seems to be an
absence of other parties in the same predicament, although they may come
forward later.

Also, had he and his wife read the terms of usage the club posts both on
websites and signage, he would have realized prior and during the ride that
his safety was his own responsibility. He is using the land at his own risk.

"Jason Spaceman" wrote in message
...
From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1, was
on a trail that bikers grade as "easiest" when, according to documents
filed in court, "suddenly and without warning his bicycle came to an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location of
which constituted an unusual danger" might sound like something that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year law
students learn the first day of civil procedure is, when you sue, "sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) - everything but the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he says
he suffered, while his co-plaintiff - his wife, Ashley, who wasn't
biking - "sustained a loss of guidance, care and companionship" she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at
http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus



Negligence is very hard to prove in civil/criminal law. There seems to be an
absence of other parties in the same predicament, although they may come
forward later.

Also, had he and his wife read the terms of usage the club posts both on
websites and signage, he would have realized prior and during the ride that
his safety was his own responsibility. He is using the land at his own risk.

Ride-A-Lot wrote:
Jason Spaceman wrote:
From the article:
-------------------------------------------
Then along came James Leone, 31, a Torontonian who, last Aug. 1,
was
on a trail that bikers grade as "easiest" when, according to
documents
filed in court, "suddenly and without warning his bicycle came to
an
abrupt stop" and he was thrown forward, "striking the ground with
sudden and violent force."

Plunging into a "hole in the ground, the depth, size and location
of
which constituted an unusual danger" might sound like something
that's
all in a day's (or five minutes') adventure for a mountain biker,
except for one thing: Leone is a lawyer. As one of the country's
foremost legal experts explained to me, the first thing first-year
law
students learn the first day of civil procedure is, when you sue,
"sue
everything in sight."

Leone is suing the outing club, the ski trails committee, the
regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) - everything but
the
sky above and the Earth itself. He wants $1,150,000 in damages for
expenses and lost income as a result of a fractured vertebra he
says
he suffered, while his co-plaintiff - his wife, Ashley, who
wasn't
biking - "sustained a loss of guidance, care and companionship"
she
might reasonably have expected if he hadn't run into said hole.
---------------------------------------------

Read it at

http://www.thestar.com/NASApp/cs/Con...acodalogin=yes
or http://tinyurl.com/6nxus





J. Spaceman


Ha ha ha! ROTFLMAO! Only in Canada! Where else can an organization

cancel a meeting of 16,000 attendees and sue to recover losses
because
of SARS (and win). I'll bet he'll get every cent. But, isn't
CAN$1,150,000 like US$1.50? (That's a joke my northern friends. I

actually put Toronto in my list of top 10 cities I would live in,
having
worked in Scarberia for two years).

Yeah, only in Canada 'cause that sure the hell couldn't happen in the
States, now could it?

Thanks for that. My blood pressure has now started to make my forehead
throb violently and I think my eyeballs are about to pop. ****wits like
that should be confined to a padded cell to avoid any further
'accidents'.

Steve.

Just one question...

I understand what the pothole is.

I figured out who the lawyer it.

But there doesn't seem to be a mention of any cyclist, just a laywer
on a bike... ;-)

Mark Hickey
Habanero Cycles
http://www.habcycles.com
Home of the $695 ti frame

Leone is suing the outing club, the ski trails committee, the regional
trails network, the local municipality and the province (which owns
the land where he encountered the alleged hole) - everything but the
sky above and the Earth itself.

Hopefully the courts will take him down a notch and punish him for filing a
frivilous lawsuit. He ought to be disbarred.