Never-ending lawsuit: Family business wins two trials, now faces a third

[angelahk28f]

After reading Chancey v. Peachtree Pest Control Co I've drawn this conclusion.

The defendant, Peachtree's employee inappropriately mixed the chemical causing it to be a higher concentrate and then sprayed it onto the plaintiff's workspace wear she was seated. Chancy has permanent lung damage from breathing the fumes created by the employee's actions.

[areuter727]

When all is said and done Steve Arnold (or his wife) should be allowed to punch the plaintiff and her attorneys in the throat.

[SicaGR]

LOL, this reminds me of my husbands ex-wife. She was allergic to a chemical in bug spray so they couldn't use it.

[FLACofGA]

The Family Law Action Campaign of Georgia is proposing changes to protect innocent Defendants. The consequences of a frivolous action should not ONLY reimburse for legal fees, but contain remedy for damage to career, time lost from work and pain and suffering. Plaintiffs offer settlements to innocent defendants that is legalized extortion - "we'll stop suing you if you make us rich."

[canamm]

I agree with residentzombie. There needs to be retribution toward those who abuse others with lawsuits. Make them pay all legal expenses and damages when they lose a suit. That would put an END to frivilous lawsuits.

[residentzombie]

Loser pays would help frivolous lawsuits a bit.

[manmanguy]

This is one reason why there are no jobs in America. Too many fucking lawyers.

[camochannel1]

now you can see why business goes out of the united states. 

[studiosinger]

Lawyers are deliberately prolonging the case in order to pay their salaries. This is a lawayer's game. The company has money and they have affixed themselves as a parasite to the host.

[gcjoy]

We're getting about half the story here - probably the insurance company's side of the story. In order for the case to be appealed in the first instance, there would have to be an error of law on the record. If the basis for the new appeal is frivolous, someone should be seeking sanctions against the moving party. You should really identify exactly what the "abuse" going on here. Someone exercising their constitutional right to bring a cause of action against you?

[TheCasanovvaa]

@gcjoy Laywer.

[TheCasanovvaa]

@gcjoy and yes i spelled it wrong.

[MrCitizen14]

@gcjoy You are exactly right! The Ga. Court of Appeals reversed the original verdict because the judge allowed the defendants to submit hearsay evidence in the form of a report testified to by defense expert, but not prepared by him. Therefore, the plaintiff had no opportunity to cross examine the person who preformed the test. (See Fed. Rules of Evidence 801(c)). The judge allowed it in anyway which is plain error. The Defendants should complain that their lawyers had the wrong witness!

[gcjoy]

@MrCitizen14 You wonder why defense counsel just put the expert on the stand. You can just realize what the defense firm charged the insurance company for the appellate work (in addition to the award). No wonder why the "institute for legal reform/US Chamber of Commerce" runs these ads. Somebody actually had to pay a claim. We're these people under-insured? How many years did it take to make the Plaintiff whole from the time of the tort?

[MrCitizen14]

@gcjoy Put "655 S.E.2d 228" into Google scholar and You can read the opinion here for free: Chancey v. Peachtree Pest Control Co., 655 SE 2d 228 (Ga. Ct. App 2007).

[MrCitizen14]

Also, Georgia is unique in allowing an appeal on hearsay grounds after trial even if there was no objection made at trial because in Georgia, hearsay is "illegal evidence" This is the 19th Century view of hearsay and there is pending legislation in Ga. to change this.

[FLACofGA]

Legal abuse wounds like other forms of abuse.  Karin Huffer's work on Legal Abuse Syndrome is enlightening. Prayers for you, your family and business. Unjust legal action leaves deep wounds that are slow to heal.