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Date Posted: 13:21:02 07/11/04 Sun
Author: sader1970
Subject: ProJo
In reply to: DamnRam 's message, "Boston.com - Allen's family sues contractors" on 19:01:02 07/09/04 Fri

The Providence Journal ran the AP story on Coach Allen's family lawsuit against the contractors in today's (Sunday) paper. Interesting that it was not in the sports section. Can't hide anything on these ProJo guys and it's nice that they let the story "age" a couple of days before they published the story.

I see those in the legal profession have now weighed in on the many and varied options and legal ramifications of the suit vis-a-vis Holy Cross. But some specific questions for you legal scholars that have nothing to do with HC per se: 1. How are the chances of the family's suit improved or hindered by the lack of an autopsy? 2. In light of no apparent evidence that anyone else was affected by this new flooring, what might be the standard of care expected of the contractors as it appears that, even if plaintiff's allegations are taken at face value, Dan must have had an extreme sensitivity to the solvents used? 3. What will the families attorneys need to demonstrate to the courts/jury that Dan's illness was a result of the flooring as opposed to some other cause (isn't the burden of proof on the plaintiffs here)?

Now we need some alums with a medical background to explain why they think there was no autopsy and what they think of MCS. And, if necessary, could an autopsy be done sometime in the near future that might still be useful? Though the family might prefer not to think about this aspect, Dan was a family man who obviously wanted to provide as best he could for them and there can be no doubt that if an autopsy would help the suit, he'd want it done.

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Replies:

[> [> Re: ProJo -- NTKHC64, 14:44:32 07/11/04 Sun

I wrote what I did to provide some background info for those interested. I did so with some reluctance. While there is interest, I didn't want this to turn ghoulish, not that it has. Questions about the efficacy of an autopsy are beyond me. All lawyers and first year law students in torts have heard of the "egg shell plaintiff," the person with the thinnest of skulls who would sustain a fractured skull from a blow that wouldn't phase 99.9% of the populace. The rule is "You take them as they come (or as you find them.)" The fact that dozens went unharmed doesn't mean that the claim lacks merit. Coach Allen just might have been the 1/10,000 to pick a ratio that was susceptible to what are claimed to be the MCS activator(s). You must use reasonable care and the failure to do so must be demonstrated by a preponderance of the credible evidence as must the fact that the work/materials was A proximate cause of injury/death. Look for the contractors to implead the manufacturers of the offending products as third-party defendants and then look for them to become direct defendants.

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