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Life in litigious L.A., where lawyers never sleep.


Everyone enjoys a loony lawsuit story, especially in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. , where lawsuit abuse is blamed for everything from higher insurance rates to unemployment.

There's the delivery man who is suing his downtown L.A. machine shop employer, claiming that he developed hemorrhoids hemorrhoids (hĕm`əroidz) or piles, dilatations of the veins about the anus (external hemorrhoids) or those higher up inside it (internal hemorrhoids).  because the seat of his truck was too hot.

There's the L.A. woman who sued her doctors for frostbite frostbite (chilblains), injury to the tissue caused by exposure to cold, usually affecting the extremities of the body, such as the hands, feet, ears, or nose. Extreme cold causes the small blood vessels in the extremities to constrict.  after they advised her to apply ice to an injury incurred in a jet ski Jet Ski  

A trademark used for a personal watercraft.


jet ski
Noun

a small self-propelled vehicle resembling a scooter, which skims across water on a flat keel

jet skiing n
 race.

Then there was the prison inmate who sued himself for violating his own civil liberties by getting arrested, then demanded the state pay the damages because he had no income.

In a bid to bring down the number of such embarrassing cases, a group has designated the week of Sept. 22 "Lawsuit Abuse Awareness Week." Dreamed up by legal watchdog group Citizens Against Lawsuit Abuse (CALA CALA Citizens Against Lawsuit Abuse
CALA Chinese American Librarians Association
CALA College of Architecture and Landscape Architecture
CALA Central America / Latin America
CALA Center on Animal Liberation Affairs
CALA California Assisted Living Association
) and recognized by Gov. Pete Wilson For others named Pete Wilson, see .
Peter Barton Wilson (born August 23, 1933) is an American Republican politician from California. Wilson served as the thirty-sixth Governor of California (1991–1999), the culmination of more than three decades in the public arena that
, the week is intended to draw attention to the negative impact of "frivolous" lawsuits on the business environment of California - and especially Los Angeles.

"California lawyers spend more than $200 million a year in advertisements encouraging people to sue," said Sarah Cheaure, executive director of CALA. "We are taking this week to educate consumers on what lawsuit abuse is costing them, how to be smart legal consumers, and inform them of quicker, less costly means of solving disputes."

As an example, for every 100 reported car accidents in L.A. last year, 56 personal injury suits were filed - the highest ratio in the country, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Insurance Research Council.

In New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, where people aren't shy about lawsuits either, there were only 15 personal injury suits per 100 accidents.

According to CALA, wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages).  lawsuits alone have reduced hiring levels in Los Angeles by 4 percent to 5 percent, and pushed up the region's cost of goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax.  to the tune of $1,200 per citizen per year.

While many of these cases do not prevail in court, they are a financial drain on the state because they take up the time of court officials. CALA claims that every lawsuit filed costs taxpayers $500, and at least $8,000 more if it goes to a jury trial.

Then there are the legal fees incurred before anyone steps into a courtroom. The bulk of costs, as much as 90 percent, are accumulated during the "discovery" process when both sides are building their cases.

"Lawsuits are a weapon, and if they are used indiscriminately they can cause great harm. One suit can wipe out a small business," said CALA founder Bill Bloomfield.

Despite such horror stories, there are signs of improvement. Automobile-related personal injury filings in Los Angeles County have dropped from 41,000 in 1988 to around 11,000 in 1996. The decline has been attributed to better automobile and highway safety and growth of the alternative dispute-resolution industry.

Lawyers use such numbers when they counterattack Attacking an attacker. Even though a criminal hacker or other agent is attempting to penetrate a security perimeter or damage systems, the counterattack must not violate applicable laws.  CALA and other tort-reform groups, which they say are front organizations for big business in its campaign to rob injured consumers of the right to claim compensation.

"They like to create propaganda by feeding the press worst-case scenarios," said partner Bruce Broillet at Greene, Broillet, Taylor, Wheeler and Panish in Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. .

He stressed that some lawsuits once condemned as "frivolous" have in fact made life safer for everyone.

"If Princes Diana had been driving in California she would not have died," said Broillet, pointing out that her car crashed into a freeway pillar that under California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
  • Statute
  • Bill (proposed law)
  • California State Legislature
External links
  • http://www.leginfo.ca.
 would have been protected by a concrete barrier.

"Those barriers, designed to put your car back onto the road, are there because of a so-called frivolous lawsuit," he said.

The legal community also argues that the courts are over-crowded due to an explosion in the number of corporate, rather that private, cases.

Bruce Brufavich of Agnew and Brufavich in Torrance, a former president of the Consumer Lawyers Association of California, stressed that most consumer lawyers work on a contingency basis, meaning they only get paid if they win in court or get a cash settlement. As a result, they will only take cases they have a reasonable chance of winning.

"If a lawyer is working on contingency he can't run a business by chasing cases that are not going anywhere," Brufavich said.

Corporate lawyers, on the other hand, are usually paid by the hour, and as a result will tackle any case they are hired to pursue, no matter how frivolous, he said.

"If corporate lawyers worked on contingency you would see a dramatic drop in their business," he added.

CALA counters that private lawyers and their clients file unjust lawsuits against businesses simply because the firms are most likely to settle out of court rather than face an expensive court battle, even when they know they could win.

Pacific Research Institute, a "non-partisan" research group with a reputation for conservative sympathies, estimates that 98 percent of all lawsuits in California are settled out of court.

"Looking at only 2 percent of cases that reach a jury is like looking at only the visible tip of a large iceberg: It ignores the larger, unseen part below the water that may do more harm," said institute Vice President Steven Hayward in a report.
COPYRIGHT 1997 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Author:Booth, Jason
Publication:Los Angeles Business Journal
Date:Sep 22, 1997
Words:877
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