Republican State Senator Withdraws Frivolous Lawsuit Amid Party Political Concerns
Far be it for me to point out the supreme hypocrisy of the frivolous lawsuit debate, but come on! I HAVE to call this one out.
Under most state's laws, you owe no duty to a trespasser other than to essentially not go out of your way to harm them. You can't plant booby traps, etc. However, you don't have to make the grounds safe for them.
This knucklehead trespassed on a new construction site, admitted that he was trespassing, and then sued when he hurt himself. There's not even proof that the worksite fell below the standards for a work-site, which would be of some relevance if this was a claim by a subcontractor against the prime contractor for negligence. That's not the case here.
Alesi filed suit against the owners and builder of a Perinton house, claiming they should have kept the home safe, following Alesi’s 2008 uninvited entrance to the home, during which he fell from a ladder and broke his leg.
“Recently, I filed a personal injury lawsuit for injuries I sustained on a home construction site nearly three years ago,” Alesi, R-Perinton, said in a statement released by the Senate majority office. “I filed the suit without regard to the anxiety that it would cause the homeowners, the builders or the community where we live, and I’m sorry for that.
“With that in mind, I’ve decided to withdraw the lawsuit and hopefully move on and do the job I was elected to do.”
I'm sorry, there's a mechanism for preventing frivolous lawsuits, its called CR 11. Civil Rule 11 states, in pertinent part:
The signature of a party or of an attorney constitutes a certificate by the party or of attorney that the party or attorney has read the pleading, motion, or legal memorandum, and that to the best of the party's or attorney's knowledge, information, and belief, formed after an inquiry reasonable under the circumstancesL (1) it is well grounded in fact; (2) it is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. . . .
This is our defense against frivolous lawsuits. Every attorney puts their personal money, reputation in the courts, and license on the line when they sign a complaint for damages.