I sued the local congregation

by chukky 594 97 Replies latest jw friends

• 

  AGuest

  if crossing the isle during the WT Study is such a dangerous activity, why didn't one of the parents walk the child, hand in hand to to the row that the child wished to sit in

  But that is the POINT, isn't it, Counselor Rooster (again, peace to you!): crossing the aisle in a KH is NOT a dangerous activity (well, shouldn't be; isn't supposed to be). If that were the case, that crossing a KH aisle IS in fact inherently dangerous, then the WTBTS/Congregation would have STRICT LIABILITY... and there would no issue at all! But it WOULDN'T have been dangerous, even per se, had there not been WIRES in it when and where there should NOT have been. It was the misplacement of the WIRES that MADE it dangerous. Not the child crossing it.

  They would certainly hold the child's hand and walk the kid across a street, wouldn't they?

  You mean because there are VEHICLES driving back and forth in the street, Counselor? You know, the street... where vehicles are SUPPOSED to be? Well, I would say, yes, they probably would and most certainly SHOULD. But an aisle in a KH is not a street in the town. And wires aren't supposed to be in the aisle (otherwise, they would always be there). Surely, Counselor knows this. Surely Counselor knows that a KH aisle is not considered a hazardous thoroughfare... I mean, so long as it's free from obstacles (which it wasn't, in this case).

  Given Counselor's lack of knowledge in this area, I would like to request a short request to further confer with the complainant. Because I now believe complainant's compensation demand to be severely understated. I also think the respondent should consider hiring new counsel.

  (Okay, I'm going to give the court the esteem and regard it deserves now and stop ROFL at Counselor's comparison of a KH aisle to a street...)

  Ummmm, peace... and a little more enlightenment on personal injury liability, dear Counselor Rooster!

  SA, on her own... and "crowing" over the Rooster's... ummmm... lack of understanding as to these things...
• 

  miseryloveselders

  Here's another way to look at it. We don't let our kids leave a skateboard out on the front porch and the reason should be obvious. Somebody could step on it and fall.

  We could argue that the salesman who steps on a skateboard and falls should have seen something this large and this obvious until we're blue in the face. After all, you would think a skateboard would be pretty hard to miss. But that's not a legal defense. The salesman had a prior expectation of an unobstructed walkway and we had a prior responsibility to provide him one.

  Good point....HOWEVER, the circumstances in this case are drastically different. The microphone wire was not something unexpected as this wasn't a family visiting the Kingdom Hall for the first time. This was a family of Jehovah's Witnesses, albeit on their way mentally out the door already, but nonetheless JWs who were very familiar with what goes on during the WT Study. Very familiar with the microphone chord being in the middle of the isle during the meeting. Also they didn't sue until after they were well out of the organization.
• 

  breathing

  well i say

  bloody good on ya!!!

  like you said amongst all the wordy legal "expert" replies, it wasnt really about the right or wrong of it,

  it was about the fact that now you are free and you JUST COULD

  bah humbug to the miseries who are having a go at you,

  i bet it felt sweet to get a bit of revenge after being in bondage to them for years

  im not into sueing really but i think i get the spirit of your actions! and a little bit of simple revenge dont alf feel good!!

  WELL DONE ive never heard of anyone succeed in sueing a cong before so i think its hilarious, wont do them any harm, im sure "jehovah" will make it up in donations!!

  come on now let it at me you scrooges!! i hope you are puking as i speak!!
• 

  AGuest

  Good point....HOWEVER, the circumstances in this case are drastically different.

  Actually, that's not true, Counselor (again, peace to you!).

  The microphone wire was not something unexpected as this wasn't a family visiting the Kingdom Hall for the first time.

  Nor are skateboards, bicycles, tricycles, shoes, dogs, newspapers, potted plants, or other sundry items which are often left out at the homes of those he is soliciting for the salesman. He KNOWS that when he approaches a house he is taking a risk. However, the homeowner is required to carry PROPERTY INSURANCE... in the event someone IS injured on HIS property. Same thing applies to a KH, which is a COMMERCIAL site, AND open to the public during meetings, so there is even MORE liability.

  This was a family of Jehovah's Witnesses, albeit on their way mentally out the door already, but nonetheless JWs who were very familiar with what goes on during the WT Study. Very familiar with the microphone chord being in the middle of the isle during the meeting.

  Doesn't circumvent the congo's liability, though, sorry...

  Also they didn't sue until after they were well out of the organization.

  Sorry, but the statute of limitations allows them to sue up until the child turns 18. Gotta run, Counselor!

  Peace!

  SA, on her own...
• 

  darthfader

  Hollow victory, im afraid. You may indeed get money for your daughter, but it's coming out of the pockets of the local people. In no way with the WTBS pay a penny out of their "general fund" for this. Even if they "wanted to", the local elders would "assume responsibility" and pay for it themselves.
• 

  miseryloveselders

  Ya know Shelby, no disrespect, but after reading your post, no wonder people take advantage of and abuse welfare, FMLA, medical assistance, and every other available handout they can. If none of that works to their benefit, they can always just sue. Why bother accepting personal responsibility when the system is built for you to take advantage of it and there's no shortage of people sympathetic willing to bend over backwards to defend the incompetent.
• 

  superpunk

  This is an destructive organization that hurts people, and took everything from me and so many other people.

  Anything that hurts them is ok with me. :) It's only too bad you couldn't sue them for more, IMO.
• 

  sunglasses

  If I could sue for anything, it would be measured in years that I lost and that can never be replaced or compensated for. Years being humiliated, controlled, feeling guilty and inadequate, not allowed to "grow up" and have thoughts and opinions of my own, now shunned by my witness family, and you all know how it goes.

  To each his own. No judging.

  SG
• 

  Giordano

  Boy you are one turned around Elder. You've been blaming this child in most of your posts....... now it's about welfare and taking advantage and medical assistance. And here I thought we'd be friends.

  Assuming Chukky has been speaking truth this is what he said:

  "Several years ago, before my wife and I left, my 5 yr old daughter got up during the watchtower to cross the aisle to sit with someone else. She tripped on the roving microphone wire and smashed her head on the foot of a metal chair. The bleeding was profuse and an ambulance was called. She still bares the scar. About 9 months ago I decided to sue the local congregation. Many of the elders present the day of the accident witnessed the event, yet they tried to lie to cover themselves by saying that my daughter must have been running through the hall when she tripped. They said this even though they knew that she had SEVERE CARDIAC problems at the time and was INCAPABLE OF RUNNING."

  So why the lawsuit later on? Once again in Chukky's own words:

  "Normally I would agree with your comments about the fact that 'accidents happen' and that people shouldn't be so keen to sue. However, for us it wasn't about money. It was about getting something back from all the years, energy expended, finances, lost career opportunities, psychological damage etc that was inflicted by this organization on my family. I guess That we felt that we could inflict some damage upon them for a change, instead of the other way around."

  Lore's makes a good point on why it took so long for Chukky to sue:

  "They STRONLY discourage pressing charges, even when they are warranted. You're not supposed to sue a brother. So now that the threat of being shunned is gone, that doesn't mean his principles have changed, it just means he's now free to act on them without the horrible consequence of loosing contact with everyone he cares about.

  Chukky's second respondence:

  "My mother-in-law remained a JW for several years after my wife and I left. Even though I had thought about suing before, we refrained out of any potential repercussions in our relationship. My mother-in-law has been out for a year now."

  From Jamiebowers:

  "Why should Chuckky have to bear the expense of his daughter's medical costs when someone is at fault for her injuries? And knowing the pressure that the possibility of shunning has on people, why would you criticize him for not suing right away?"

  Gio's thought:

  A child with a severe cardiac problem is always watched closely. Note Chukky said to 'cross the aisle to sit with a friend' is he talking about way across the KH or just across the aisle? I think his words are clear enough. Is the mic cord being adjusted when she took a step or was it along side of the chairs and not noticeable? Did she fall and hurt herself because of tripping on the wire? YES, whose wire was it.....the Kingdom Hall's. Did they do the responsible thing and offer to help with the medical bills? Apparently not.
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  miseryloveselders

  Giordano, no disrespect, but I didn't even bother reading that post, I'm done with this thread. Better things to do than argue over some people getting a paycheck over their kid's clumsiness and their own lack of supervision, especially when I didn't get a dime off of it.