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The Face of Tort Reform - The one the Chamber won't show you.

By Steve Lombardi

The Des Moines Register reports that Daniel McAfee, 29, is the caretaker of a pit bull that is owned by Cody Pendleton, age 27. The dog is reported to have had 'a history of aggression toward people…' .

On May 28, 2009 police officers are called to the neighborhood when the dog attacks a neighbor (Heidi Wiseman, 26) in the 800 block of East 27^th Street. Heidi is said to live next door at 814 E 27^th Street.

The first officer on the scene exits his patrol car and the dog goes after him; he ends up on top of his squad car. Another officer and the animal rescue crew show up and the dog in turn attacks them. They end up scrambling like cockroaches when the lights of a ghetto kitchen are turned on. The officers end up here, there and everywhere. So far the score is officers zero, the dog is ahead and still is in control. What no Taser?

But where are the owners? Hello is anyone home to control this vicious animal? Anyone there? Do the owners care? I wonder why not? Have you every given even a moment to consider why these pit bull owners don't care what you think about their keeping a viscious animal within a few feet of your children? Let's talk about laws.

Des Moines by ordinance classifies a put bull as a vicious dog. That requires the owner to carry and provide proof of at least $100,000 in liability insurance as well as a license and registration. If you don't have it by January 1st the dog is kicked out of town; no if's ands or buts about it. Oh really?

To get this vicious animal under control the officers simply unload their weapon into it. End of dog, too bad and how sad; but not the end of this story or the end of the discussion concerning vicious animals within the city limits, their owners and tort reformers making their lives just as easy as they possibly can. Vicious dog owners love tort reformers. Tort reformers are these men's best friends. While they are best friends they won't be next-door neighbors. Tort reformers live in a lot nicer neighborhoods and don't allow vicious animals in their neighborhoods. Your hood, my hood, but not in their gated communities. No siree they won't have any part of it.

Now allow me to introduce one fact for your personal consideration: What if that dog had attacked a small child, mauled it, didn't kill the child just ripped its face to shreds like these animals are known to do. And now help me to add one more fact, make that small child your little girl. Now remember the tort reform candidate you voted for in the last election and if you're the elected official that voted for tort reform during the last legislative session keep the fact that the little girl is yours and now you get to meet your wife at the hospital and explain to her why there will be no justice for her.

And don't make promises to your wives that you can't keep. Promises like: I'll will see that justice is done if it's the last thing I do. That won't even be the first thing you get to do.

And don't come to the lawyer's office explaining how your family, but especially your little girl isn't one of those greedy plaintiffs you read about and voted to put out of business; because tort reform doesn't give a damn who you are or who you think you are. Tort reform puts you in the same bucket as all the other greedy plaintiffs.

And by the way, there is a reason why you can't name or identify one of those greedy plaintiffs. It's because it's all a figment of your imagination and the Madison Avenue people that put these ad campaigns together for lobbyists. But then again maybe you are just one of those greedy plaintiffs. Are you? After all you are asking a trial lawyer about insurance paying for more than just the medical bills aren't you? Remember your infant daughter has no lost wages; she isn't yet out of kindergarten. And her reduced earning capacity can be quite speculative for an infant girl. Especially since your own brother is an alcoholic and hasn't earned a dime in the last five years. You have to know the insurance company lawyer will dig that up and the history about your wife's sister who has a mental illness and before you know it the jury will have its excuse for giving you the hospital bills and a buck-two-ninety-eight for future medical expenses. From the jury award your medical insurance carrier will take back what they paid for, that's called subrogation. And for pain and suffering you'll either get an award of nothing or from what that apple- of-your-eye was awarded, the Judge will take it all away either by statute, meanness or just because he/she is a Bush-Cheney appointee that hates all plaintiffs. Yes, even you.

The differences between criminal fines and civil law are in the effectiveness of the deterrence. The Cities and Courts are overworked and under-funded. With criminal law the person suffering the injuries gets no monetary compensation; any restitution is too little too late. Civil laws and the role of monetary damage acts as a deterrent more than criminal laws ever will. The contingent fee is the grease that makes the wheels of justice move to effectively gain ground for those suffering. Wrong doers hate the contingent fee agreement because without it the wrongdoer isn't likely to be held accountable.

And don't remind me this is just a little girl. Because little girls are the easiest prey for greedy plaintiffs who just happen to be parents. And remember that's you.

Why should we, the jury, give money to your little girl when you'll probably waste it? After all as parents you disgust us jurors for trying to get rich off of your little girls injuries. You should be ashamed of yourselves.

Oh you want to talk about a conservatorship? The jury won't believe the Judge will ever be able to control your greed. So why should the jury award any of our insurance dollars? Yes, you heard me OURS! It's OURS, ALL OURS, NOT YOURS!

Get the point? With tort reform the dog owners don't have to be responsible because they have nothing to fear. They know the cities and towns across America haven't the resources to control the dog owners, let alone the vicious dogs. The dog owner and the dog's caretaker don't' fear the city or their neighbors because the tort reformers have neutered the juries by creating prejudice against awarding any damages and as proof of this mindset remember the owners were cited for not having the insurance in place. So right now it's not economically feasible for any lawyer to take your case. Can you hear your heart beating slightly fast?

"Vicious dogs must be licensed in the city, and owners must show proof of at least $100,000 in liability insurance. City officials can remove a pit bull if it is not licensed by Jan. 1 of each year.

There are 199 licensed pit bulls in Des Moines, but 402 pit bull-type dogs have been identified at one time or another within the city limits. City officials said of the 380 dogs declared vicious last year, 371 were pit bull-type breeds."

Des Moines Register, Charges are filed against 2 in attack by pit bull

And what about that insurance coverage you keep asking about? Oh just a $100,000? Well not in many cases because the owners don't seem to buy it and the cities don't seem to have any way of checking who does and who doesn't. What if they did? Don't you think a good plastic surgeon can rack up a bill for more than $100,000 to put a cute little face back together? Think I'm kidding? Want to see the face of tort reform? Watch this video.

Pit bull victim speaks out. 7-years-old then, 14 now. Kasey Eyring's Story.

http://www.youtube.com/watch?v=vDDumpGJMPI

Let's get back to the poor doggie because only after the attack will he meet his maker. But since the owner didn't even carry insurance the lawyer is asking you if you carried a special disability policy on all your kids. Did you? If not see ya.

Next time you hear about tort reform think of your little girl and all the dates she won't have. Then again maybe the guy who owned the pit bull has a son who's looking for a date to the prom. He's the kid with several tattoos, metal from every line in his face and a special set of prom van wheels that has a special heart shaped window in the rear panel. Sprayed across the side it says, "Love Machine".

Now don't leave just yet. Before you go to find your little girl to give her a hug and look at how cute she is let's get a video education. Can you take a few minutes away from hating trial lawyers to look at some video with me? Okay, let's walk, talk and learn the way trial lawyers learn.

Whom should we hate, the trial lawyers ...

... or the tort reformers, like the U.S. Chamber of Commerce?

This woman is 4 months pregnant and one of the lucky ones.

http://www.youtube.com/watch?v=mNP5o1qSRrg

11-year-old boy attacked by pit bull dog. Registered? Insurance?

http://www.youtube.com/watch?v=p6J9C4ujTh8

How much tort reform did you say you wanted?

9-year-old girl dropping off Easter Food is attacked in groin by neighbor's pit bull dog. No rabies shots or dog license. Health insurance won't cover a dog bit.

http://www.youtube.com/watch?v=Li82xsJc5T8

Animal control officers and 11-year-old girl attacked by pit bull. Previous history.

http://www.youtube.com/watch?v=-TCBPedRCxI

Pit bull attacks and bring down a 900 pound horse.

http://www.youtube.com/watch?v=XO_lCT1HgzQ

And you wonder why trial lawyers sometimes seem as mean as pit bulls?

Woman loses arm from pit bull attack.

http://www.youtube.com/watch?v=Mef5uvKP_4Q

Three pit bulls attack and kill child.

http://www.youtube.com/watch?v=dbR7aWBM1tI

77-year-old woman attacked by pit bull.

http://www.youtube.com/watch?v=m6Od5878Z4M

Maybe you should take your trial lawyer neighbor out to lunch today.

9-year-old girl attacked by a pit bull.

http://www.youtube.com/watch?v=JeamY_2Jb3I

Imagine your infant daughter finding themselves alone with this dog.

http://www.youtube.com/watch?v=ZRrfmpyWb6w

Imagine this dog without the owner present and able to control it.

http://www.youtube.com/watch?v=9JmO6UrIc-A

Gosh, don't' you just hate trial lawyers always causing trouble and resisting tort reform?

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on June 10, 2009 (boomark / email).