# A frivolous Lawsuit we can all agree upon **URL:** \ **Category:** The BBQ Pit\ **Created:** [January 25, 2008, 6:38pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991 "2008-01-25T18:38:02Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [January 25, 2008, 10:12pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/21 "2008-01-25T22:12:17Z")
Who’s the loneliest lawyer who was ever born? The one in Heaven. ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [January 25, 2008, 10:25pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/22 "2008-01-25T22:25:03Z")
[QUOTE=Asimovian] I just wonder if it’s the same type of situation, whereas even though this driver was at fault, he had insurance that would cover the damage to his car, and consequently, it’s actually his insurance company that is suing the other side to try to recover what they had to pay out. Sorry if that didn’t make any sense – it does in my head, anyway. [/QUOTE] Makes perfect sense to me, but then, I proofread pretrial depositions for a living. 😉 ---
**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\ **Post date:** [January 25, 2008, 10:52pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/23 "2008-01-25T22:52:13Z")
[QUOTE=Asimovian] Out of curiousity, is the driver really suing the family as it sounds? I ask because I remember when I got rear-ended a few years back and some of my injuries showed up a while later. The driver who hit me was a really nice guy, and there were never any questions about fault or any of that. But his insurance company tried to say I was lying about my injuries, etc., so I retained a lawyer to fight with his insurance company. Ultimately, “I” filed a lawsuit against “the other driver,” but all of the battling was between my attorney and the insurance company’s attorney. I just wonder if it’s the same type of situation, whereas even though this driver was at fault, he had insurance that would cover the damage to his car, and consequently, it’s actually his insurance company that is suing the other side to try to recover what they had to pay out. Sorry if that didn’t make any sense – it does in my head, anyway. [/QUOTE] Makes sense to me too. What you’ve described is known as “subrogation.” I was in a minor accident with another driver a year or so ago. The other driver’s insurance company paid his claim and thus became “subrogated” to his rights. Then “he” sued me, but it was actually his insurance company trying to recoup the money it had paid to him. I reported the suit to my insurance company, and now the two insurance companies are fighting it out. So yeah, if the driver in this Spanish case carried comprehensive insurance, it’s possible that the lawsuit was actually filed by his insurance company. In any event, I would say that the lawsuit seems more tasteless than frivolous. ---
**Author:** ![Gukumatz](https://avatars.discourse-cdn.com/v4/letter/g/74df32/32.png) [@Gukumatz](https://boards.straightdope.com/u/Gukumatz)\ **Post date:** [January 25, 2008, 11:47pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/24 "2008-01-25T23:47:49Z")
[QUOTE=Zebra] They’ve got cars big as bars. [/QUOTE] But, apparently, no rivers of gold. ---
**Author:** ![Bites\_When\_Provoked](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bites_when_provoked/32/18073_2.png) [@Bites\_When\_Provoked](https://boards.straightdope.com/u/Bites_When_Provoked)\ **Post date:** [January 26, 2008, 12:19am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/25 "2008-01-26T00:19:12Z")
Only a few days ago I was having a discussion with a friend about sociopaths. She didn’t believe that they existed outside of gaol - or, at the very least, that they’d be immediately identifiable. I was explaining that plenty of sociopaths are quite able to function in society, and even do extremely well in their careers despite their lack of moral/ethical/empathetic comprehension. Even so, I wasn’t really expecting to see an example so quickly. ---
**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\ **Post date:** [January 26, 2008, 12:47am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/26 "2008-01-26T00:47:41Z")
[QUOTE=gwendee] And if I were the parents in this case and the judge awards this guy the money I think I’d hand it over in nickels (or the nearest Euro equivalent - naahhh nickels…exchange that!) [/QUOTE] If it was me, I`d be tempted to hand out the nickels by shotgun. ---
**Author:** ![Stoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stoid/32/272_2.png) [@Stoid](https://boards.straightdope.com/u/Stoid)\ **Post date:** [January 26, 2008, 5:17am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/27 "2008-01-26T05:17:54Z")
Wow. Just when you thought it wasn’t possible for people to go any lower… ---
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [January 26, 2008, 6:38am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/28 "2008-01-26T06:38:49Z")
[QUOTE=brazil84] So yeah, if the driver in this Spanish case carried comprehensive insurance, it’s possible that the lawsuit was actually filed by his insurance company. [/QUOTE] From the article: > [@](#): > > ‘‘It’s the only way I have to claim my money back,’’ Delgado was quoted as saying by the newspaper El Pais, which first reported the story on Friday It sure _sounds_ like it’s the asshole’s doing. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 26, 2008, 9:09am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/29 "2008-01-26T09:09:44Z")
[QUOTE=DKW] Every time I see something like this, the same to questions immediately come to mind: And I understand that there are cases that were presented to the public with lots of crucial details omitted (McDonalds scalding coffee case, anyone?), but this doesn’t look like the case here. [/QUOTE] And, everytime I see a case like this, I think about the McDonald’s coffee case and wonder what th reporter chose not to tell us- _like the other dude’s side._ Gawd only knows what the fuck that can be in _this_ case, but I still want to hear both sides. ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [January 26, 2008, 9:45am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/30 "2008-01-26T09:45:10Z")
[QUOTE=kidchameleon] I should think it is a felony to drive a saloon at 100 mph. [/QUOTE] What part of ‘in Spain’ didn’t you understand? ---
**Author:** ![JR\_Brown](https://avatars.discourse-cdn.com/v4/letter/j/d6d6ee/32.png) [@JR\_Brown](https://boards.straightdope.com/u/JR_Brown)\ **Post date:** [January 26, 2008, 9:54am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/31 "2008-01-26T09:54:47Z")
[QUOTE=jjimm] What part of ‘in Spain’ didn’t you understand? [/QUOTE] On this side of the pond saloon=bar. No relevance to cars whatsoever. Hence the jokes. Our word is “sedan”. JRB ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [January 26, 2008, 10:01am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/32 "2008-01-26T10:01:58Z")
[QUOTE=JR Brown] On this side of the pond saloon=bar. No relevance to cars whatsoever. Hence the jokes. Our word is “sedan”. JRB [/QUOTE] :smack: ---
**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\ **Post date:** [January 26, 2008, 10:13am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/33 "2008-01-26T10:13:40Z")
[QUOTE=spooje] From the article: It sure _sounds_ like it’s the asshole’s doing. [/QUOTE] You’re right, but I would still want to hear the other side. > [@DrDeth](#): > > And, everytime I see a case like this, I think about the McDonald’s coffee case and wonder what th reporter chose not to tell us- like the other dude’s side. Gawd only knows what the fuck that can be in this case, but I still want to hear both sides I totally agree. The reporter’s main interest is in engendering outrage. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [January 26, 2008, 6:47pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/34 "2008-01-26T18:47:24Z")
In Spain this is part of a very old tradition we call _La Fiesta del Toreo de la Carretera_, originally a festival in celebration of Santo Meguiar, the patron saint of undercarriage rustproofing. On this day, after consuming _gazpacho_ from gaily-painted ceramic bowls, we divide ourselves into groups of _toreadores_ and _toros_. The _toros_ climb into their fuel-efficient automobiles and drive at speeds of many kilometers per hour, trying to “gore” the _toreador_ who stands in the middle of the road wearing extremely tight-fitting velvet pants and waving a _muleta_. Following the tradition, the _toreador_ always loses and is killed in a way that can be seen as gruesome to many Americans who do not understand our rich cultural history. Afterward, the _toreador_’s family collects the remains and grieves for exactly three hours and thirty-seven minutes or until the youngest child present utters the word “_zorrillo_.” Then we all retire to our _villas_ and discuss the role of the United States as current world hegemon, eating grilled octopus and drinking many bottles of _rioja_ and making love with our graceful bronzed bodies until the appearance of the first light of dawn. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 26, 2008, 6:54pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/35 "2008-01-26T18:54:06Z")
[QUOTE=Really Not All That Bright] Nitpick: he was driving an Audi A8, which isn’t a sports car, but a big luxury sedan/saloon. [/QUOTE] I even took all the cross-pond guesswork out of the thread, too. Give yourself an extra smackey, **jjimm**. 😃 [QUOTE=JR Brown] Our word is “sedan”. [/QUOTE] In America, a four-door car with a cargo area that isn’t accessible from the cabin is named after a chair. In Britain, it’s named after a bar with doors borrowed from a horse-stall. And people wonder why English is so hard to learn… ---
**Author:** ![St.Urho](https://avatars.discourse-cdn.com/v4/letter/s/8e7dd6/32.png) [@St.Urho](https://boards.straightdope.com/u/St.Urho)\ **Post date:** [January 27, 2008, 1:21am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/36 "2008-01-27T01:21:15Z")
[QUOTE=Gukumatz] But, apparently, no rivers of gold. [/QUOTE] It’s no place for the old, really. The wind goes right through you. ---
**Author:** ![Elenfair](https://avatars.discourse-cdn.com/v4/letter/e/cc9497/32.png) [@Elenfair](https://boards.straightdope.com/u/Elenfair)\ **Post date:** [January 27, 2008, 5:33am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/37 "2008-01-27T05:33:31Z")
I just read the first few posts of this thread, read the articles linked… and I have to ask: is it really the DRIVER suing the “estate” of the teen? Or is this a case of the media looking at the paperwork and seeing the names on the court documents and seeing a juicy story? Looking at it from this end, my first reaction would be to immediately assume this would be more likely to be a case of for [subrogation](http://en.wikipedia.org/wiki/Subrogation) (where insurance companies fight stuff out themselves – that’s why you pay them all this money.) ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [January 27, 2008, 7:10am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/38 "2008-01-27T07:10:14Z")
[QUOTE=Elenfair] I just read the first few posts of this thread, read the articles linked… and I have to ask: is it really the DRIVER suing the “estate” of the teen? Or is this a case of the media looking at the paperwork and seeing the names on the court documents and seeing a juicy story? Looking at it from this end, my first reaction would be to immediately assume this would be more likely to be a case of for [subrogation](http://en.wikipedia.org/wiki/Subrogation) (where insurance companies fight stuff out themselves – that’s why you pay them all this money.) [/QUOTE] I beat you by several posts. 🙂 ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [January 27, 2008, 5:09pm UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/39 "2008-01-27T17:09:18Z")
[QUOTE=Really Not All That Bright] I even took all the cross-pond guesswork out of the thread, too. Give yourself an extra smackey, **jjimm**. 😃 [/QUOTE] It was the word “felony” I was referring to. Hey ho. ---
**Author:** ![Sublight](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@Sublight](https://boards.straightdope.com/u/Sublight)\ **Post date:** [February 4, 2008, 4:11am UTC](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991/40 "2008-02-04T04:11:17Z")
Update: [Driver drops bid to sue family of boy he killed](http://edition.cnn.com/2008/WORLD/europe/01/30/spain.luxury.car/index.html) > [@](#): > > A Spanish businessman withdrew a controversial lawsuit Wednesday against the family of a teenage boy he struck and killed while driving a luxury car. > > Tomas Delgado had filed a suit asking the dead boy’s parents to pay him €20,000 ($29,400) on the grounds that the collision that killed their teenage son also damaged his Audi A-8. > > … > > The businessman had insisted in a recent television interview that he was a victim, too. He was not present for a court hearing Wednesday. His lawyer told the court that Delgado felt that the extensive publicity amounted to a public lynching. > > … > > After the collision, Delgado’s insurance company paid the family €33,000 ($48,500). > > Two years after the wreck, Delgado sued the family for damages to his car and for car rental costs. CNN certainly makes it sound like the lawsuit was guy’s decision. [Previous page](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991.md?page=1) [Next page](https://boards.straightdope.com/t/a-frivolous-lawsuit-we-can-all-agree-upon/434991.md?page=3)