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A look at ugly side of tort law

July 07, 2005

This is in response to the "Business Spotlight" on June 27: "Newport

law firm holding court."

The story shows and tells about two well-dressed trial lawyers

smiling about their new offices that resemble a basketball court --

and gloating over their hefty paychecks.

Let's state from the start that there are some legitimate

personal-injury cases, in which the plaintiffs deserve to be

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well-compensated and the lawyers deserve reasonable fees.

However, the glare of the "spotlight" does not mention the other,

negative side of uncontrolled and frivolous litigation.

Unfortunately, where we live -- Newport Beach, Costa Mesa, Orange

County and California -- is among the most litigious locales in the

nation.

You may have recently read about Ralph Nader's ongoing plans for

an American Museum of Tort Law in his home state of Connecticut. If

this becomes reality, he owes it to the American people to show the

ugly side of tort law, the one that is abused and manipulated by

those lawyers who have done much less than a "socially redeeming"

job.

Whether Nader would be willing to devote the time and resources to

such an enormous undertaking as this -- the repulsive side of civil

justice -- is doubtful.

Here are a few humble suggestions on how the American Museum of

Tort Law should showcase the reckless abuse, gamesmanship and

degradation of our legal system by some of these social redeemers:

First, how about a Frivolous Lawsuit Room. Wallpapered in dollar

bills representing taxpayers' money wasted on lawsuit abuse each

year, this room will be dedicated to every lawyer and litigant who

has laughed all the way to the bank. The main exhibit, encased in

plastic, would be the veritable holy grail of civil justice, the

McDonald's cup that held the coffee Stella Liebeck spilled on herself

as she left the drive-through. She sued the company and won an

initial award of $2.7 million.

On another pedestal, let's place the jar of chunky peanut butter a

prison inmate sued California over because he wanted the smooth

variety instead.

And, among many, many others, we should be sure to include the

six-pack of beer a woman sued her supermarket over because she

dropped it on her foot, winning more than $400,000.

The highlight of the Frivolous Lawsuit Room, though, will be a

huge digital counter that continuously tells visitors how much the

legal system has cost them so far that year. As a baseline, the

American Tort Reform Assn. estimates this cost to be $1,200 per

person, per year, for a total annual cost of $152 billion.

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