Loser Pays? It’s Time

If there was ever a case for loser pays in civil court cases, this is the one. 

A 48 year-old Connecticut man, David Weaving, was convicted of killing Matthew Kenney, 14, when he passed a car at 80 mph in a 45 mph zone.  He is currenty serving a prison term for this. 

Mr. Weaving, having a lot of time on his hands, thought it would be a good idea to sue the parents of Matthew, saying he can’t live his life, has suffered mental anguish and was falsely imprisoned, because they did not make young Matthew wear a helmet. 


If ever there was a time for a loser pays clause in civil court, this one case makes now the time.  In case you’re not sure what I mean by loser pays, if a person sues someone and loses, he has to pay his court costs and court costs of the person he sued. 

A heck of a lot of money is spent every day in courts all around the country to pursue these frivolous suits.  Your money.  My money.  All because someone wants a quick payday.  The fact that judges don’t have the, uh, scrotal volume to throw these ridiculous cases out of court and charge the plaintiff with contempt is part of the problem.  Juries who “feel bad” for the plaintiff and think that “big corporations” should be “made to pay” for their greed and victimization of the public at large are another part.  But most of these cases should never make it that far.

If you have a real case, you would be willing to risk the chance of losing the case.  If you don’t have a real case, and the risk of losing is pretty good, you probably wouldn’t sue.  Companies like Coca Cola wouldn’t have to go to court when Jesse Jackson decided to extort money from them.  But more importantly, parents like Matthew’s wouldn’t have to bury their son and defend their parenting style to some low life who killed their kid. 

I would like to think that this case would go nowhere.  Just like I’d like to think that a clumsy person who spills hot coffee on themselves and sues the company that served it would go nowhere.  I’m just not so sure.  I’ve visited Connecticut, but don’t know anyone who lives there.  I’m not familiar with the political or family values in that state.  I don’ t know if these people have common sense or not.  So I’m not so sure that David Weaving won’t get his money. 

I like to think so.  I like to think that in America, it’s more important to keep a dangerous person behind bars rather than allow some defense attorney or judge to make a name for themselves. 

I know what you are thinking.  This was an accident.  Why do I call David Weaving dangerous? 

He has four drunk driving charges.  He wasn’t convicted of it in this case, but he is still dangerous.  He needs to be riding a bus or subway for the rest of his life. 

It’s time for loser pays.  Maybe then most of the ridiculous lawsuits brought on by idiots who spear themselves with a screwdriver won’t happen. 

That appears to be the only way to stop the insanity.


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