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so I'm being sued.

tkav1980

Well-known member
Kilo Klub Member
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Oct 10, 2007
Messages
3,974
I'll try to make this short.

early last week, an elderly woman, 87 to be exact, started to choke in the restaurant. after yelling "Shit!", i went to the table and gave her the Heimlick. it didn't work on the first try, so i put a little more oomph into it. on the second go a rather large piece of cheesesteak came out of her throat. during my second go i hear some cracking, mind you 911 is on its way at this point. she says she's fine but i insist that the paramedics take a look at her before she leaves. i talk to the police and paramedics when they arrive, the medics check her out. they want to take her to the hospital. she wants to go to the casino, so she signs out A.M.A and heads off to gamble.( i live and work just outside of Atlantic City NJ). today, i walk my sweet ass over to the mailbox to get the paychecks, my staff really likes money, and there it is, a summons, and a letter from an attourney(why cant i spell that?). so i get on the horn with the owners, they say dont worry about it the lawyer will take care of it.


Not that im worried or anything, i mean hey, she would have been dead on the floor, but REALLY? shes suing me for breaking 2 ribs? thats bullshit IMO.
sorry just wanted to rant about that.
 
people are so money hungry that they would turn on there family if they can make some $$$ ... best of luck to u bro

JG
 
its probably not her, its probably her fat ignorant money hungry kids thinking of just using their mother to make a buck
 
i would be shocked if you were not protected by good samaritin law.
 
i would be shocked if you were not protected by good samaritin law.

I am, its the point that this lady would have been dead on the restaurant floor, but i have to deal with this crap for helping. and people wonder why when bad things happen its rare that someone steps in to help. oh well, a day in a court room will give me a few hours away from work, kind of like a field trip :)
 
The choke

I'll try to make this short.

early last week, an elderly woman, 87 to be exact, started to choke in the restaurant. after yelling "Shit!", i went to the table and gave her the Heimlick. it didn't work on the first try, so i put a little more oomph into it. on the second go a rather large piece of cheesesteak came out of her throat. during my second go i hear some cracking, mind you 911 is on its way at this point. she says she's fine but i insist that the paramedics take a look at her before she leaves. i talk to the police and paramedics when they arrive, the medics check her out. they want to take her to the hospital. she wants to go to the casino, so she signs out A.M.A and heads off to gamble.( i live and work just outside of Atlantic City NJ). today, i walk my sweet ass over to the mailbox to get the paychecks, my staff really likes money, and there it is, a summons, and a letter from an attourney(why cant i spell that?). so i get on the horn with the owners, they say dont worry about it the lawyer will take care of it.


Not that im worried or anything, i mean hey, she would have been dead on the floor, but REALLY? shes suing me for breaking 2 ribs? thats bullshit IMO.
sorry just wanted to rant about that.

Both myself and my dad have worked in the restaurant business for quite some time at one time . My dad retired as a chef , but worked as a waiter before I was born , and gave some man the Heimlich maneuver ( not to mention myself on 2 occasions , and the man never thanked him , just looked at him like he wish he had died . My dad was not sued, but in your case , it's easy to injure someone as old as 87 , although you did what you could to save her . Hopefully , if your lawyer is good enough , he can get you off the hook .
 
I'll try to make this short.

early last week, an elderly woman, 87 to be exact, started to choke in the restaurant. after yelling "Shit!", i went to the table and gave her the Heimlick. it didn't work on the first try, so i put a little more oomph into it. on the second go a rather large piece of cheesesteak came out of her throat. during my second go i hear some cracking, mind you 911 is on its way at this point. she says she's fine but i insist that the paramedics take a look at her before she leaves. i talk to the police and paramedics when they arrive, the medics check her out. they want to take her to the hospital. she wants to go to the casino, so she signs out A.M.A and heads off to gamble.( i live and work just outside of Atlantic City NJ). today, i walk my sweet ass over to the mailbox to get the paychecks, my staff really likes money, and there it is, a summons, and a letter from an attourney(why cant i spell that?). so i get on the horn with the owners, they say dont worry about it the lawyer will take care of it.


Not that im worried or anything, i mean hey, she would have been dead on the floor, but REALLY? shes suing me for breaking 2 ribs? thats bullshit IMO.
sorry just wanted to rant about that.

Well elderly people bones are very fragile and they break easily. You probably save her life by giving her a heimlick. She probably an old hag got no money and seeking compensation for her stupid gambling addiction. I wouldnt worry too much and let the lawyers handle it.
 
You saved her life, I doubt any court of law will render a judgement against you. Like chef said, she's 87, her bones are fragile. A scrawny little kid would have broken her ribs, believe it or not, breaking someones ribs while doing the hiemlich happens more often than people think.

You're a good man for saving her life bro. How many of us can say that we saved someone's life?
 
i would be shocked if you were not protected by good samaritin law.

Yeah, I think youll be fine. The only way you would be at any risk would be if you were one of the paramdeics and had that happen. A professional trained in those procedures would be at a higher risk of losing a suit.
 
Courts are very crooked bro, but in this case, heres what to do:

Lawyer the fuck up, dont cut corners, do your homework. Maybe even contact the ACLU

If you get off, sue the shit out of her for lawyer fees and compensation for missed work.
 
Sorry to hear that Tkav, even if it's just a bother. No good deed goes un-punished, eh...

Too bad too, that shit changes how people react in future situations. I wonder if you'd hesitate next time?

I remember once in a bigger city in Nor Cal, my girlfriend and I were jumped in a parking garage by a couple guys and I hospitalized one of them and WAITED for the police. Well, the other guy took off, and Mr. Unconscious couldn't make a statement, so I was arrested/released in 50k bail!! Never even had a ticket in my life at that point! Turned out guy had a no-bail warrant, but left the hospital once he regained consciousness, so nothing happened to me later. But the experience was hell.

Fast forward a year later, same city, was even with the same girl, walking along and I see about a half block away, two officers chasing some shit-bag. And he's running right toward me. Yea!! I'd been a linebacker since I was 8y/o, and this was lining up to be a PERFECT Bo Jackson vs. Brian Boswell moment. Then I flashed to being handcuffed, almost surely breaking something on this guy or knocking him into traffic...so I let him run by.

It was the worst I'd ever felt and I still use it as a lesson about opportunity and justice for myself. I made up for it in my future work though, but it was always on my mind.

You did the right thing. I hope you don't have to pay for it.
 
Fact is you are protected under the good sumaritin act. Now here is the kicker.......did she pay her food bill? If not send her lawyers the bill for the table, then tell them you are preparred to countersue for 50k. This will cover disruption to the business, your time and stress to deal with her problem and damages for the legal action being taken wrongly against you. When you send the bill for the food demand payment in 7 days or you will get the police involved for stealing. She skipped out without paying. Offer to settle for the amount of her food bill. If they do not respond file a police report and send in the dogs!!

This is a common situation that occurs at road accidents. You save someone's life by administering CPR and break a few ribs, btw this is almost inevitable if you perform CPR correctly. They then come out of a coma and some fuckin ambulance chaser wants a piece of your ass for breaking ribs. Not going to happen!!
 
I did the hemlich manuver on a really old guy at a church function years ago. I also had to do cpr because he had stopped breathing. He lived, only to die a week later.

His poor old system couldn't handle gettin' squeezed by me. :eek:

Kav, it's just her ambulance chasing lawyer doing it, I bet she doesn't even know you got served.
 
When I did CPR/First-Aid class back in the states in 2005 (not sure if if the law is still the same), you NEED some type of approval from the person choking before performing abdominal thrusts (I forgot the name of the legal term, sorry) to clear you of any legal issues. If the person is unconscious to begin with, then consent to perform life-saving procedures is automatically granted (even if broken bones result).

It sounds crazy to ask a choking person if its OK to aid them but it will clear you if something like broken bones occurs.
 
Fact is you are protected under the good sumaritin act. Now here is the kicker.......did she pay her food bill? If not send her lawyers the bill for the table, then tell them you are preparred to countersue for 50k. This will cover disruption to the business, your time and stress to deal with her problem and damages for the legal action being taken wrongly against you. When you send the bill for the food demand payment in 7 days or you will get the police involved for stealing. She skipped out without paying. Offer to settle for the amount of her food bill. If they do not respond file a police report and send in the dogs!!

This is a common situation that occurs at road accidents. You save someone's life by administering CPR and break a few ribs, btw this is almost inevitable if you perform CPR correctly. They then come out of a coma and some fuckin ambulance chaser wants a piece of your ass for breaking ribs. Not going to happen!!

Yeah bro i like this plan!
 
1. are u cpr/first aid certified?

2. did u ask her permission to perform first aid?

3. why do u care if she dies?

Now your getting sued for no reason. For that very reason if this ever happens and im around ill just turn the other cheek.

If it happens to me, I hope I have a family member around to help me out, cos i dont expect anyone I dont know to.
 
DAMM only in the US people suing other for saving their lifes. people are greedy next time you will lets some one die.

sux for you hope you win
 
haha, that's hilarious, because one of the FIRST things they taught me in CPR when it comes to elderly people is "BONES WILL BREAK". They basically said if bones don't break, you're probably not doing it hard enough and not being effective. Oh, and here's the kicker, they said not to worry about it because it's perfectly normal!! WTF this old woman doesn't know what she's getting herself into. She probably lost all her money in Atlantic City and is trying to get it back.
 
Like Tom said, you are protected under the good samaratan law. No matter what.
 
1. are u cpr/first aid certified?

2. did u ask her permission to perform first aid?

3. why do u care if she dies?

Now your getting sued for no reason. For that very reason if this ever happens and im around ill just turn the other cheek.

If it happens to me, I hope I have a family member around to help me out, cos i dont expect anyone I dont know to.

This is stupid!!!!!! ALL OF IT!!!
 

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