News, Comment, and Opinion

* * *
A thoughtful compilation and analysis of some important, but underreported and under-researched news stories, with particular focus on keeping the People informed about all Enemies, Foreign and Domestic.




  • Divide and Rule
  • We Now Have a War on Thanksgiving
  • So-Called Immigrants Rights Groups Confused About ...
  • The War on Terror is a Fraud and Should Be Ended
  • Australian Foreign Minister Politely Asks Mugabe t...
  • US Should Concentrate on Being Strong, Not on Proj...
  • Jury Ruling May Be a Step in the Right Direction f...
  • Reading List
  • Some in Congress Still Recognize the Second Amendm...
  • Horde of Bicycling Ruffians called Critical Mass A...


  • Anonymous Anonymous -- 1/04/2010 6:59 AM
  • Blogger Fahrezy agra -- 5/23/2018 12:11 AM
  • Blogger davidshem -- 2/18/2019 3:09 AM
  • Blogger Aulia -- 4/23/2019 3:58 AM
  • Blogger Elizabeth Matheus -- 5/29/2019 4:24 AM


  • November 2004
  • December 2004
  • January 2005
  • February 2005
  • March 2005
  • April 2005
  • May 2005
  • June 2005
  • July 2005
  • August 2005
  • September 2005
  • October 2005
  • November 2005
  • December 2005
  • January 2006
  • February 2006
  • March 2006
  • April 2006
  • May 2006
  • June 2006
  • July 2006
  • August 2006
  • September 2006
  • October 2006
  • November 2006
  • December 2006
  • January 2007
  • February 2007
  • March 2007
  • April 2007
  • May 2007
  • June 2007
  • July 2007
  • August 2007
  • September 2007
  • October 2007
  • November 2007
  • December 2007
  • Current Posts

  • Subject Matter:
  • Alternative Energy
  • Asset Forfeiture
  • Astronomy
  • California
  • China
  • Congress
  • Connecticut
  • Constitution
  • Corruption
  • Economy
  • Education
  • Eminent Domain
  • Energy
  • Environmental Concerns
  • Europe
  • European Union
  • Florida
  • France
  • Germany
  • Georgia
  • History
  • Identity Theft
  • Illegal Immigration
  • International Law
  • International Relations
  • Islam
  • Israel
  • Japan
  • Law
  • Liberty
  • Massachusetts
  • Media Bias
  • Medicine
  • Mexico
  • Militant Islam
  • Militaristic Aggression
  • New Jersey
  • North Korea
  • Police State
  • Privacy
  • Rhode Island
  • Russia
  • Science
  • Second Amendment
  • Slavery
  • Social Security
  • Space Exploration
  • Supreme Court
  • Surveillance Society
  • Taiwan
  • Taxation
  • Technology
  • The ACLU
  • The FairTax
  • The FBI
  • The IRS
  • The President
  • Tyranny
  • United Kingdom
  • United Nations
  • Virginia
  • World Tax


  • Realm of Sovereigns
  • A Republic, if you can keep it
  • American Jury Institute/Fully Informed Jury Association
  • American Sons of Liberty
  • Amy Ridenour's National Center Blog
  • Anglerealm
  • Atlas Blogged
  • Badtux the Snarky Penguin
  • Big Brother Loves You -- Obey Big Brother
  • Black Box Voting
  • Castle Coalition
  • Conservative Punk
  • Constitutional Concepts Foundation
  • Constitution Death Pool
  • Copshots
  • Copwatch
  • David N. Mayer
  • Downsize D.C.
  • Future Musings and Desultory Glances
  • Gateway Pundit
  • GeoBandy
  • Gun Owners of America
  • Historium
  • historyteacher
  • How to Contact Congress or the White House
  • individ
  • Institute for Justice
  • Jack Yoest: War Archives
  • Jake Porter
  • Know Your Land Rights
  • Leaving Babylon
  • Libercontrarian
  • Libertarian Outlook
  • Liberty's Outpost
  • Libertythink
  • Live Free or Die
    -----The 'Civil Flag' -- Forgotten Flag, or Flag of Fraud and Fiction?
  • Mark Gilmore
  • Mike's America
  • Modern Tribalist
  • MoveOff
  • Mythusmage Opines (Old Link)
  • News, the Universe, and Everything
  • Obey
  • Oh, That Liberal Media!
  • Ordering a Pizza Under a National Computerized ID Database
  • Propaganda Matrix
  • ScrappleFace: News Fairly Unbalanced. We Report. You Decipher.
  • Steve's America
  • Tapscott's Copy Desk
  • Technorati (A useful blog search engine)
  • The Asylum
  • The City Troll
  • The FairTax
    -----Status of the 'Fair Tax Act of 2005' (H.R. 25; S 25)
  • The Fountain of Truth
  • The Free State Project
  • The Gun Toting Liberal
  • The Sentinel of Alachua County, Florida
  • Tomato 7
  • Tom’s Fireside Chat
  • TRIMonline
  • Truth in Justice
  • Victims-of-Law

  • Games:
  • Customary Checkers
  • The Basic Rules of Checkers (ACF Approved)
  • Abalone

  • Weights & Measures:
  • Nearly Everything You Need to Know About Weights and Measures
  • The Dozenal Society of Great Britain
  • Footrule

  • Miscellany:
  • Don McAlvany's International Collectors Associates (ICA)
  • The Relative Value of the Dollar (Use this CPI calculator to determine how the value of the current dollar stands up against past dollar values)
  • Writing Help (proofreading, copyediting, and research)
  • Common Errors in English
  • Useful Definitions of Political Terms

  • Charity:
  • AmeriCares
  • International Mission Board
  • Feed the Children
  • World Vision: Building a Better World for Children
  • - - -

    Powered by Blogger

    Anyone is free to comment on this site. Therefore, outgoing links posted by third parties may contain objectional material, but do not reflect the views of this site's owner. When linking to an outside page, links should not direct the reader to nude pictures, erotic stories, or other forms of pornography. Nor should links appear to sites using excessive profanity. Use common sense. If you would be ashamed for your church-going grandmother to see it, you shouldn't link to it. In addition to not linking to any inappropriate material, commenters should watch their language, else their posts will be deleted. Likewise, libelous statements will not be tolerated.

    [Most Recent Quotes from]

    [Most Recent Quotes from]

    [Most Recent USD from]

    Saturday, June 30, 2007

    Jury Ruling May Be a Step in the Right Direction for Tort Liability

    According to a recent article, "A Butte County jury has found a Gridley supermarket not liable to pay civil damages to an illegal alien who slipped and fell on a grape inside the store."(1)

    The plaintiff was not named in the article. Her lawyer attempted to obscure her status as an illegal alien from the jury by asking her to stipulate that the reason she could not pay her medical expenses was because she could not work.(2) Whether or not the jury ruled against her due to her immigration status is not important. This was the correct ruling under common law principles that our courts have been increasingly hostile to. Liability is commonly attached not to -- well -- liability, but instead to money. If there is an injury and if someone with deep pockets can in any way be associated with the cause, that person will likely be sued.

    For example, if a wealthy person leaves her car unlocked with the engine running and it is stolen [assume she was dropping off a video at Blockbuster], and the thief runs over a little girl resulting in $300,000 in medical expenses, her lawyers will try to sue the woman who's car was stolen, not the thief. The thief likely has no assets, but the woman he stole from does. The little girl's lawyers will allege that the woman was negligent in leaving her car unlocked. They will say that she should reasonably known that most incidents of random thefts are crimes of opportunity. As such, she should reasonably have expected a greater risk of her car being stolen if it were unlocked; further, she should have anticipated that harm could be done to innocent third parties. Her willful negligence in not securing her vehicle, a dangerous instrument, is the proximate cause of the little girl's injury. Had the defendant secured her vehicle, the intervening cause of the theft likely would not have occurred. Her failure to secure her car was a breach of her duty to keep the car from harming the little girl. Therefore, the defendant is liable for any resulting damage.

    Now, I know what you're saying. The woman who's car was stolen is also an innocent party. The thief committed two crimes -- stealing the car and running over the little girl. That's how an ordinary rational thinker would react, because ordinary rational thinkers cannot blame someone for an act when the act was performed by a completely different person acting of their own volition. But in the fictional realms of legal speculation, lawyers and judges would consider the question of the rich woman's liability to have legal merit. When I asked a professor of tort law about this, emphasizing that it is not right to hold people liable for the actions of third parties, he answered in genuine earnest (and that was the truly chilling part) that it wasn't fair that an innocent third party should suffer and that it is the responsibility of the courts to to make sure the person most able to bear the cost does so. What he basically said was that the woman was liable because she was rich. If the car thief had been a trust fund kid on a joy ride, he would have been more likely to be held liable for the cost. Tort liability theories like this, entertained by judges, have made our court system into sort of an ad hoc welfare system.

    I have never thought this even remotely resembles justice because it is wrong to make a person responsible for the voluntary actions of another. The ruling against the illegal alien who slipped on a grape might be a step in the right direction for tort liability. The article is sparse on the actual details, but if I were her lawyer, I would argue that the supermarket had a duty of care to maintain a safe premises. That the customer slipped shows that they did not do so; therefore they should be responsible (I would supplement this with affidavits, if I could get them, that the store was aware of litter on the floor, or that they did not take make an ordinary effort to watch for litter). If I were the supermarket's lawyer, I would basically say that the grape was dropped by another customer and even with the best effort, it is impossible to watch all the customers all the time. I would say that the supermarket exercised the ordinary standard of care and that negligence by a third party constituted an intervening cause. And for good measure, I would argue that the illegal alien was contributorily negligent in that she did not exercise due caution in her own movements and thus assumed the risk of injury. I of course, have no idea if this is what the defense argument was, but if any of it were, it is now legal precedent in that jurisdiction; and that would be very good news for innocent non-actors who are parties in tort liability cases.


    (1) Terry Vau Dell. "Jury nixes illegal alien's suit over fall in grocery store," Oroville Mercury Register, 2007 June 29, para. 1,
    (2) Ibid. paras. 4-5.

    Technorati Tags:


    * * *

    "If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen."

    --Samuel Adams

    Sovereign Commentary · · Copyright © 2004-2007