Tuesday, March 31, 2009

Stupid Lawsuits.

There are many lawsuits that make me scratch my head and wonder what are people thinking or where did our common sense go. The all time favorite of stupid lawsuits, and this one took 10 years before the common sense ruling by the Supreme Court finally put an end to the while fiasco was a truck driver that went completely blind sued his employer for firing him. His reason for the lawsuit? The Americans With Disabilities Act. Since he was fired for being blind, the sued claiming that it violated the ADA and he was entitled to his job back with back pay for wrongful termination. I mean come on folks. 10 years!!! Thank God that even the liberal Supreme Court, at the time, had enough brains to rule that if the disability takes away a skill or ability that is REQUIRED to do the job, then it's not a violation of the ADA. In other words, if you need to clap for your job and you only have one arm, then you can be legally denied the job.

Common sense and legal ruling are rarely combined. There's a suit that's come out today about a man that was driving his motorcycle well drunk over .10 on a blood test and he hit a wild pig on the road seriously hurting himself. Caltrans, our transportation bureaucracy here in California, was sued and 12 idiots ruled in favor of the drunk driver for the tune of $8.6 million. This reminds me of the saying that in the court system, you put you life in the hands of 12 people that were too stupid to figure out how to get out of jury duty. Seems this applies. The jury bought the argument that since 12 other vehicles hit these wild pigs, that Caltrans had a precondition danger and was negligent. Never mind none of the others were either drunk, or had any serious damage in reacting to the pigs. It makes as much sense as saying, I got drunk and struck out against Wells in a baseball game. Well because 4 other struck out, being drunk had nothing to do with me striking out. Ok, it's not likely I could hit a pitch by wells, but I sure can't drunk. At least sober, there's a chance I could if he makes a mistake or I get lucky. So because someone else had hit these wild pigs before doesn't mean one, that he would had also, and two, he's not culpable for his action that he was committing a crime when he got hurt. Also, Caltrans were required not to interfere with the pigs migrations by our stupid animal rights laws and thus were obeying a bad law while the motorcyclist was violating a good one. When we reward people for irresponsibility, then these suits are going to continue until there's no money left to do the basic services we need including maintaining our roads. But hey, we're protected if we drink to intoxication and injure ourselves.

However, the lawsuit that's really burning me is one by 3 out of state students and their family. They're suing the state of California for discrimination by charging them out of state tuition while illegal aliens (that's what I'm calling because by legal definition, that's what they are, not undocumented immigrant because an immigrant OBEYS the law, not breaks them) are allowed to go to our school with the in state tuition. Since the laws were written so state citizens wouldn't be unfairly denied by others from richer states or better prepared students from other states, were allowed priority in selection and costs so the state will benefit from their citizens getting that education than having an out of state, or alien student, learning and taking the fruits of that education out of the state or the country. If you want that privilege here, you must pay out of state tuition, or a premium for the privilege. Well, if anyone who lives here will tell you, illegal aliens have it pretty good here. They can work and get welfare, medical and free education as well as state financial aid for college as well as paying in state tuition. They even benefit from affirmative action here as well. They're not even citizens and they get the more privileges than citizens do. These family find it unfair these illegal aliens are getting benefits while they're getting penalized. They've followed the law, the other hasn't. They find that it discriminates against them because they're US citizens from other state while giving preferential treatment to another because they're of another race or citizenship. On all accounts, they're right. What was support to be law for the protection of the citizens of that states and to use it to use against not only the citizens of the state, but all US citizen makes the policy a clear violation of the intent of the law. It's obvious that illegal aliens were never suppose to benefit from in state tuition making it more appealing to break the law than do it legally. This rewards criminal behavior (despite the BS that they're law abiding illegal. An oxymoron as well as moronic statement if I ever heard one), and penalized those that follow the rules. This is a stupid lawsuit in the sense, it, like the blind truck driver claiming he was wrongly terminated because being blind doesn't give the company the right to deny him his job to drive a truck, nor should those that break the law be rewarded for doing so while penalizing those that do obey the law. This lawsuit should be upheld and the policy terminated. However, being this is California, I'm sure the rats in black robes, like those 12 village idiots, will rule against common sense and rule in favor of the criminals.

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