Illegal Immigrant sues firefighters who saved his life (2 Viewers)

[timschochet]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

His legal status matters. Kind of like how we wouldn't hold a driver at fault for hitting a pedestrian crossing the freeway at night.

I've always found the most interesting analogies are the ones that make no sense whatsoever. So you get kudos for that.

 

[Christo]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

And not in a Christo way either. I'm actually laughing at you.

That doesn't surprise me, given how you foolishly attempted to interpret my thoughts before. People often laugh to hide their own embarrassment.

And often they laugh at something that is funny.

 

[timschochet]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

And not in a Christo way either. I'm actually laughing at you.

That doesn't surprise me, given how you foolishly attempted to interpret my thoughts before. People often laugh to hide their own embarrassment.

And often they laugh at something that is funny.

Are you sure? You never have.

 

[Ditkaless Wonders]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

And not in a Christo way either. I'm actually laughing at you.

That doesn't surprise me, given how you foolishly attempted to interpret my thoughts before. People often laugh to hide their own embarrassment.

And often they laugh at something that is funny.

Or some one who is funny, regardless of whether they are intentionally so or not.

 

[Sand]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Well, there's a new industry for you. Always be a party in a lawsuit and you'll never be able to be deported. You taking notes here Woz? This is your BIG idea.

And as far as not deporting people, I'd agree so long as they forgo any and all public assistance until they're citizens.

 

[timschochet]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Well, there's a new industry for you. Always be a party in a lawsuit and you'll never be able to be deported. You taking notes here Woz? This is your BIG idea.

And as far as not deporting people, I'd agree so long as they forgo any and all public assistance until they're citizens.

What do you mean by "public assistance?" If you mean public health and public schools for their children, it is to our benefit as a society that we provide these. If you mean welfare, that's a more difficult issue. I don't believe the vast majority of illegals have anything to do with welfare or food stamps. But for those that do, if the alternative is their children going hungry, then I have to respectfully disagree with you.

 

[timschochet]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

And not in a Christo way either. I'm actually laughing at you.

That doesn't surprise me, given how you foolishly attempted to interpret my thoughts before. People often laugh to hide their own embarrassment.

And often they laugh at something that is funny.

Or some one who is funny, regardless of whether they are intentionally so or not.

The only people who laugh at me on this issue are those who disagree with me on it.

Unfortunately, that's about 95% of anyone who has ever heard me talk or write about it.

 

[Hilts]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

His legal status matters. Kind of like how we wouldn't hold a driver at fault for hitting a pedestrian crossing the freeway at night.

What an atrocious analogy.

 

[parasaurolophus]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

His legal status matters. Kind of like how we wouldn't hold a driver at fault for hitting a pedestrian crossing the freeway at night.

I've always found the most interesting analogies are the ones that make no sense whatsoever. So you get kudos for that.

I forgot who I was dealing with. I will dumb it down for you. It is illegal to walk across the freeway. Since the person walking across the freeway was doing something illegal, we don't hold the driver responsible for when the pedestrian gets hit.

Even if it could be proven that the illegal immigrant was in fact placed last in order of operations(something I sincerely doubt) I am ok with that since he is here illegally and obviously causes a burden on social services. You know things like fire, rescue, police, etc.

 

[Courtjester]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Do you mean his illegal status? The status of being illegal? As in not legal?

And don't forget that pesky thing that he wasn't even able to legally drive the vehicle he was rescued from, but details..details....

 

[Henry Ford]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

His legal status matters. Kind of like how we wouldn't hold a driver at fault for hitting a pedestrian crossing the freeway at night.

I've always found the most interesting analogies are the ones that make no sense whatsoever. So you get kudos for that.

I forgot who I was dealing with. I will dumb it down for you. It is illegal to walk across the freeway. Since the person walking across the freeway was doing something illegal, we don't hold the driver responsible for when the pedestrian gets hit.

Even if it could be proven that the illegal immigrant was in fact placed last in order of operations(something I sincerely doubt) I am ok with that since he is here illegally and obviously causes a burden on social services. You know things like fire, rescue, police, etc.

No, we don't hold the driver responsible when the pedestrian's illegal, unexpected, and unanticipated/able action caused the accident. If the pedestrian were in a crosswalk with the right of way and, say, an illegal immigrant, we'd hold the driver responsible.

 

[Henry Ford]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Do you mean his illegal status? The status of being illegal? As in not legal?

And don't forget that pesky thing that he wasn't even able to legally drive the vehicle he was rescued from, but details..details....

Why not?

Spoiler

(this is the part where you google and realize that Colorado allows undocumented immigrants to get driver's licenses)

 

[avoiding injuries]

It reminds me of the kid who broke into the school at night (was illegally there) and got hurt. He sued the school and won a large settlement.

Bodine

 

[Sand]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Well, there's a new industry for you. Always be a party in a lawsuit and you'll never be able to be deported. You taking notes here Woz? This is your BIG idea.

And as far as not deporting people, I'd agree so long as they forgo any and all public assistance until they're citizens.

What do you mean by "public assistance?" If you mean public health and public schools for their children, it is to our benefit as a society that we provide these. If you mean welfare, that's a more difficult issue. I don't believe the vast majority of illegals have anything to do with welfare or food stamps. But for those that do, if the alternative is their children going hungry, then I have to respectfully disagree with you.

Adults should get no assistance whatsoever. Parents of children that are brought here should have to prove they can provide for these children without using assistance. [SIZE=13.63636302948px]Obviously children should have access to schools and lunches if it becomes necessary. [/SIZE]In essence any immigrant should be able to show that they are a net positive on the balance sheet than a negative.

 

[mr roboto]

This will be a good thread...

 

[Eminence]

Deport him.

 

[The Commish]

What does his immigration status have to do with anything?

It's a bit of irony, right? Any fool can see that I'd imagine . I find it pathetically funny that one circumventing our legal system goes running to it because it took too long to rescue him. Too long?

 

[StrikeS2k]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Do you mean his illegal status? The status of being illegal? As in not legal?

And don't forget that pesky thing that he wasn't even able to legally drive the vehicle he was rescued from, but details..details....

Why not?

Spoiler

(this is the part where you google and realize that Colorado allows undocumented immigrants to get driver's licenses)

Counselor,

I respectfully request that you verify the date of this incident as well as the date the law you just cited went in to effect. Then edit your post accordingly.

Thank you.

 

[StrikeS2k]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

 

[timschochet]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

Link to a single person in this thread that thinks this guy has a case?

 

[StrikeS2k]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

Link to a single person in this thread that thinks this guy has a case?

Whatever. Point is this guy and his lawyer are bigger scumbags than I already thought. Now they're going after other victims of the floods, in addition to the people who rescued him. Seriously, if our government was doing their job they would have already picked this guy up and sent him back to his own country. I suspect he's one of those illegals that even his own country wouldn't take back though.

 

[TheIronSheik]

What does his immigration status have to do with anything?

Absolutely nothing.

Exactly. Disgusting display of "journalism" from Fox News. Par for the course, I suppose.

What are you talking about? Why would it have nothing to do with it?

 

[timschochet]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

Link to a single person in this thread that thinks this guy has a case?

Whatever. Point is this guy and his lawyer are bigger scumbags than I already thought. Now they're going after other victims of the floods, in addition to the people who rescued him. Seriously, if our government was doing their job they would have already picked this guy up and sent him back to his own country. I suspect he's one of those illegals that even his own country wouldn't take back though.

you're combining two issues, the second one having nothing to do with the first . Yes this guy is a scumbag and his lawyer is worse; nobody disagrees with that. But why care so much about his legal status ? Plenty of people born here file just as absurd lawsuits every day. The lawyer is a citizen; if anything he's the one that deserves deportation.

 

[T Bell]

The thing that troubles me most about this is simply that someone, anyone, is suing a first responder for the way they did their job in a pretty hazardous situation, and especially in a situation where they were not injured but simply had to wait too long. There are legal immunities for police and firefighters so that you essentially can't sue them for police or firefighting "malpractice", simply complaining that they should have done their job "better".

If they injure you through out and out negligence, that's different, but suing because they weren't working fast enough, especially in this situation, seems pretty specious to me.

 

[The General]

This guy is definitely learning the American Way: Nothing is ever your fault, there is always someone to blame. There are no accidents, instead opportunities to get cash.

 

[Henry Ford]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Do you mean his illegal status? The status of being illegal? As in not legal?

And don't forget that pesky thing that he wasn't even able to legally drive the vehicle he was rescued from, but details..details....

Why not?

Spoiler

(this is the part where you google and realize that Colorado allows undocumented immigrants to get driver's licenses)

Counselor,

I respectfully request that you verify the date of this incident as well as the date the law you just cited went in to effect. Then edit your post accordingly.

Thank you.

Fair point.

 

[The General]

If this scam artist lawyer is worth his salt he'll be getting that race card ready.

 

[Henry Ford]

For the record, as a plaintiff's attorney, I would laugh this guy out of my office.

 

[TheIronSheik]

The thing that troubles me most about this is simply that someone, anyone, is suing a first responder for the way they did their job in a pretty hazardous situation, and especially in a situation where they were not injured but simply had to wait too long. There are legal immunities for police and firefighters so that you essentially can't sue them for police or firefighting "malpractice", simply complaining that they should have done their job "better".

If they injure you through out and out negligence, that's different, but suing because they weren't working fast enough, especially in this situation, seems pretty specious to me.

This is exactly right. What if this leads to individual firefighters or paramedics being sued? Who would want that job with that risk? Their jobs are already tough enough.

 

[avoiding injuries]

For the record, as a plaintiff's attorney, I would laugh this guy out of my office.

Would his status as an illegal alien have anything to do with it?

 

[Courtjester]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

Do you mean his illegal status? The status of being illegal? As in not legal?

And don't forget that pesky thing that he wasn't even able to legally drive the vehicle he was rescued from, but details..details....

Why not?

Spoiler

(this is the part where you google and realize that Colorado allows undocumented immigrants to get driver's licenses)

Spoiler

Counselor,

I respectfully request that you verify the date of this incident as well as the date the law you just cited went in to effect. Then edit your post accordingly.

Thank you.

Fair point.

Thanks Strike for beating me to this.

 

[The Commish]

This guy is definitely learning the American Way: Nothing is ever your fault, there is always someone to blame. There are no accidents, instead opportunities to get cash.

 

[StrikeS2k]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

Link to a single person in this thread that thinks this guy has a case?

Whatever. Point is this guy and his lawyer are bigger scumbags than I already thought. Now they're going after other victims of the floods, in addition to the people who rescued him. Seriously, if our government was doing their job they would have already picked this guy up and sent him back to his own country. I suspect he's one of those illegals that even his own country wouldn't take back though.

you're combining two issues, the second one having nothing to do with the first . Yes this guy is a scumbag and his lawyer is worse; nobody disagrees with that. But why care so much about his legal status ? Plenty of people born here file just as absurd lawsuits every day. The lawyer is a citizen; if anything he's the one that deserves deportation.

I already answered your first question, about why his legal status matters. As to your second, I'm fine with deporting both of them.

 

[got_nugs]

Sand, nowhere in that article does it state that Ortiz is from Mexico.

And it doesn't matter. It's completely irrelevant how he got here. Now that he's here, he has every right to sue, and NOT to be deported. (We shouldn't deport anyone except those who have committed felonies). If he wants to be a scumbag and sue the fire department, that's his business. I hope he loses, badly. I wish he and his attorney would have to pay a fine for suing in the first place. But let's stop bringing up his legal status.

And not in a Christo way either. I'm actually laughing at you.

That doesn't surprise me, given how you foolishly attempted to interpret my thoughts before. People often laugh to hide their own embarrassment.

And often they laugh at something that is funny.

 

[Apple Jack]

Mmm tacos

 

[SlaX]

Clearly the firefighter should have made him sign a waiver before attempting the rescue.

 

[CBusAlex]

We disagree. I don't believe he should be able to sue over that.

Suppose the firefighters had seen him in the car, told him "we're going to let you drown here because we hate beaners," and gone back to the station to play cards. Should he be able to sue over that?

(i.e. do you think illegal immigrants should not be able to sue under any circumstances, or is dependent on the facts of the case and whether or not there was any actual negligence?)

 

[Plorfu]

Lawyerguys, help me out here. The article says court papers were filed. Does there have to be any real chance that this lawsuit is successful in order for that step to take place, or is that pretty much a step anyone can accomplish regardless of merit?

 

[SteevieG]

Can he sue the TV and radio stations or whoever else advised people to not be on the roads because they didn't broadcast the warnings in Spanish?

 

[Jules Winnfield]

We disagree. I don't believe he should be able to sue over that.

Suppose the firefighters had seen him in the car, told him "we're going to let you drown here because we hate beaners," and gone back to the station to play cards. Should he be able to sue over that?(i.e. do you think illegal immigrants should not be able to sue under any circumstances, or is dependent on the facts of the case and whether or not there was any actual negligence?)

How does a dead person sue someone?

 

[The Commish]

We disagree. I don't believe he should be able to sue over that.

Suppose the firefighters had seen him in the car, told him "we're going to let you drown here because we hate beaners," and gone back to the station to play cards. Should he be able to sue over that?

(i.e. do you think illegal immigrants should not be able to sue under any circumstances, or is dependent on the facts of the case and whether or not there was any actual negligence?)

In that case, they'd all be doing themselves a disservice in keeping that act off the Vegas strip. It has everything

ETA: But being serious for a moment...I think more of the outrage is the "I'm suing because you didn't do your job fast enough for my liking" with him being an illegal scumbag as the cherry on top. I doubt you'll hear an argument from many (any) that would suggest it's ok to be flat out negligent towards illegals especially when it's a life or death scenario.

 

[Henry Ford]

For the record, as a plaintiff's attorney, I would laugh this guy out of my office.

Would his status as an illegal alien have anything to do with it?

No. I like having illegal immigrants as clients. I know the stupid argument the defense will make, and it doesn't really fly.

 

[Henry Ford]

Lawyerguys, help me out here. The article says court papers were filed. Does there have to be any real chance that this lawsuit is successful in order for that step to take place, or is that pretty much a step anyone can accomplish regardless of merit?

Lawyers aren't supposed to file suit unless it's a colorable claim. So the lawyer filing it is supposed to actually believe that it's possible to either win under current law or have a law changed or invalidated through the lawsuit.

 

[Plorfu]

Lawyerguys, help me out here. The article says court papers were filed. Does there have to be any real chance that this lawsuit is successful in order for that step to take place, or is that pretty much a step anyone can accomplish regardless of merit?

Lawyers aren't supposed to file suit unless it's a colorable claim. So the lawyer filing it is supposed to actually believe that it's possible to either win under current law or have a law changed or invalidated through the lawsuit.

It's just every time something like this happens, instead of "Some guy and a lawyer file lawsuit which will certainly fail" it gets turned into "THERE'S A GIGANTIC MOVEMENT AFOOT!@#$ Illegal Immigrants hate public servants!"

 

[oso diablo]

lawguys, this attorney claims that, in essence, mistakes=negligence. that's not right, is it? A mere mistake doesn't rise to the level of legal negligence.

 

[Apple Jack]

So those of you who think this guy has a case, what do you think of this tidbit:

Ferszt says this is just the first step. He said they are also in the process of filing claims with the insurance companies of the two drivers who hit the wash out after Ortiz, pushing his vehicle further into danger.

http://www.thedenverchannel.com/news/local-news/man-rescued-during-september-floods-facing-backlash-for-potential-lawsuit

Link to a single person in this thread that thinks this guy has a case?

Whatever. Point is this guy and his lawyer are bigger scumbags than I already thought. Now they're going after other victims of the floods, in addition to the people who rescued him. Seriously, if our government was doing their job they would have already picked this guy up and sent him back to his own country. I suspect he's one of those illegals that even his own country wouldn't take back though.

 

[Henry Ford]

lawguys, this attorney claims that, in essence, mistakes=negligence. that's not right, is it? A mere mistake doesn't rise to the level of legal negligence.

It can, but it doesn't necessarily. Negligence is generally a mistake that evidences the failure to use reasonable care. If I drop my keys without realizing it and leave them there, that's a mistake. If I do it while I'm standing over an open surgery patient, that's negligence.

 

[fantasycurse42]

lawguys, this attorney claims that, in essence, mistakes=negligence. that's not right, is it? A mere mistake doesn't rise to the level of legal negligence.

It can, but it doesn't necessarily. Negligence is generally a mistake that evidences the failure to use reasonable care. If I drop my keys without realizing it and leave them there, that's a mistake. If I do it while I'm standing over an open surgery patient, that's negligence.

What are the odds this guy gets money?

Can immigration come and give him the boot?

 

[TheIronSheik]

lawguys, this attorney claims that, in essence, mistakes=negligence. that's not right, is it? A mere mistake doesn't rise to the level of legal negligence.

It can, but it doesn't necessarily. Negligence is generally a mistake that evidences the failure to use reasonable care. If I drop my keys without realizing it and leave them there, that's a mistake. If I do it while I'm standing over an open surgery patient, that's negligence.

What are the odds this guy gets money?

Can immigration come and give him the boot?

This is what I don't get. If we know he is illegal, why is he still here?

 

[parasaurolophus]

We disagree. I don't believe he should be able to sue over that.

Suppose the firefighters had seen him in the car, told him "we're going to let you drown here because we hate beaners," and gone back to the station to play cards. Should he be able to sue over that?

(i.e. do you think illegal immigrants should not be able to sue under any circumstances, or is dependent on the facts of the case and whether or not there was any actual negligence?)

I think intent is important. So for example he is being rescued and the cable being used to pull him out snaps. It is later determined the cable had signs of wear and more than likely should have been repaired. I don't think the illegal should have any rights here at all. This was an oversight and I don't think it is right to punish an American citizen because of an accident, even one due to some degree of negligence, to benefit an illegal.

If they are rescuing him and somebody says hey I think he could be illegal lets let fate decide for him, then yeah I'd support some action.