RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (Full Version)

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rulemylife -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 7:44:05 AM)

quote:

ORIGINAL: hlen5

Is he a Republican that wailed and gnashed his teeth for tort reform? I hope the good voters of NY remeber this when he comes up for re-election.

EFSpelling


You nailed it.


IRONDEQUOIT DEMOCRATIC COMMITTEE: The Wow!!! Factor


As inconcevable as it may be Republican State Senator Jim Alesi is suing a local homeowner, a couple that he represents in Albany, because he broke his leg while committing an unlawful act on their property!!

This is the same Republican Senator Alesi who sits on the State Senates ethics panel and proposed tort reform to preclude this type case from going forth.

He never included any clause about law breaking public servants who would wait out the statute of limitations like a jackal in a hen house and then pounce on a person he is sworn to represent.



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 10:33:58 AM)

1. What the hell was he doing there?  He just decided to enter a house with no reason for doing so?  Not the sort of thing you'd expect from a state Senator.  I suspect he was interested in buying the house himself, and decided to check it out illegally.  Why he didn't contact the builder and request a viewing, beats me.
2. Note that section 10 of the summons states "That the unsafe condition was created and existed due to the negligence of the Defendants without any negligence on the part of the Plaintiff."  From a legal POV, that assertion is necessary because shared negligence will weaken his case considerably.  But to make the assertion that his trespassing in no way is negligent, or that he decided to climb a ladder when he obviously didn't know the proper way to do it was negligent, is ridiculous.

The guy's career is toast, and rightfully so.  The publicity he's getting from this case - one that should be easy to defend against - will kill it.  Any decent lawyer will simply request the case be thrown out because of his negligence, which is not properly accounted for.





pahunkboy -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 10:36:58 AM)

So if a house door is unlocked anyone here can walk thru it?



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 10:53:11 AM)

quote:

ORIGINAL: pahunkboy

So if a house door is unlocked anyone can walk thru it?


Physically, of course.  However, legally, this laid him open to charges of trespassing, which is why he waited three years to file, so that the statute of limitations ran out first.



tazzygirl -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:01:58 AM)

So he cant be prosecuted for it. Doesnt mean he can just get away with it. He can still be found negligent. Its Civil court, not criminal. Is he really this stupid?



hlen5 -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:09:19 AM)

Hunky,

The article you started the thread with stated that the front door was locked. He had to walk around the property to an unlocked basement door to get in.



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:10:49 AM)

quote:

ORIGINAL: tazzygirl

So he cant be prosecuted for it. Doesnt mean he can just get away with it. He can still be found negligent. Its Civil court, not criminal. Is he really this stupid?


tazzy, I'm not following.  The only one who was damaged through his negligence was himself.  Who else could have standing to sue him civilly?





hlen5 -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:13:50 AM)

quote:

ORIGINAL: tazzygirl

So he cant be prosecuted for it. Doesnt mean he can just get away with it. He can still be found negligent. Its Civil court, not criminal. Is he really this stupid?


Even if he can't be charged/convicted for it, hopefully the owners can sue for defense expenses when this steaming pile of frivolity is thrown out of court!! If the defendants get lucky, maybe they'll get an award for damages too!!

The cherry on top would be Alesi not being able to run for dogcatcher after this!! Hypocrite!!



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:22:16 AM)

quote:

ORIGINAL: hlen5

Even if he can't be charged/convicted for it, hopefully the owners can sue for defense expenses when this steaming pile of frivolity is thrown out of court!! If the defendants get lucky, maybe they'll get an award for damages too!! 


They could easily file for recovery of legal expenses, and they stand an excellent chance of winning.  However, I'm not sure what "damages" they could claim. 
quote:



The cherry on top would be Alesi not being able to run for dogcatcher after this!! Hypocrite!!


Yep.  He doesn't sound like he has won by large majorities before (although I suspect that the Wiki entry "Many of his constituents have stated that they believe his popularity stems from a feeling of pity by voters for Mr. Alesi's constant struggle with morbid obesity." was entered by someone who was playing with the facts).  Unfortunately, he's 62, so enforced early retirement won't pose a serious hardship.



pahunkboy -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:26:04 AM)

So he is morbidly obese - and broke into a house- that was still under construction, fell and and now suing- 



hlen5 -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:30:21 AM)


quote:

ORIGINAL: DarkSteven

quote:

ORIGINAL: hlen5

.....If the defendants get lucky, maybe they'll get an award for damages too!! 


They could easily file for recovery of legal expenses, and they stand an excellent chance of winning.  However, I'm not sure what "damages" they could claim. 
quote:

.........



The pain and suffering the defendants went through for not having the foresight to sue him before he could sue them!!



tazzygirl -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:32:13 AM)


quote:

ORIGINAL: DarkSteven

quote:

ORIGINAL: tazzygirl

So he cant be prosecuted for it. Doesnt mean he can just get away with it. He can still be found negligent. Its Civil court, not criminal. Is he really this stupid?


tazzy, I'm not following.  The only one who was damaged through his negligence was himself.  Who else could have standing to sue him civilly?





It was through his own negligence that he got hurt... no one elses. Just because the statute of limitations ran out on the criminal trespassing charges doesnt mean the civil court cant find him negligent.. and award him nothing.



kalikshama -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:32:37 AM)

I would think that the fact that the access to the upper floor was a ladder rather than a staircase should have clued in Alesi that the house he was in was not available for inspection, thereby defeating any presumption of safety for visitors.

I agree w DS that the morbidly obese bit was probably a wiki joke.

http://www.google.com/images?client=opera&rls=en&q=Senator%20Alesi&oe=utf-8&channel=suggest&um=1&ie=UTF-8&source=og&sa=N&hl=en&tab=wi



pahunkboy -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:44:48 AM)

He does not look morbidly obese. 


He is tho-  an opportunist.



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:51:33 AM)

quote:

ORIGINAL: hlen5

The pain and suffering the defendants went through for not having the foresight to sue him before he could sue them!!


I don't think that they could sue for trespassing.  That's criminal, not civil.



hlen5 -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:54:20 AM)

But they could have lodged a complaint at the time, for a criminal matter, couldn't they?


(Besides, the suggestion of pre-counter-suing was made tongue-in-cheek!!)

EFTypos



DarkSteven -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 11:56:27 AM)

quote:

ORIGINAL: hlen5

But they could have lodged a complaint at the time, for a criminal matter, couldn't they?

Besides, the suggestion of pre-counter-suing was made tongue-in-cheek!!)


Of course they could have.  They had three years to file charges for criminal trespass. Alesi waited for those three years and then filed suit on the first day that the ability to file trespass charges had elapsed.



Hillwilliam -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 12:32:50 PM)

I STILL bet he gets reelected.



igor2003 -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 12:39:31 PM)

FR

Not sure how it works in New York, but in Idaho it is the contractor that is responsible for worksite safety conditions...not the future homeowners. The future homeowners don't even have a set of keys (to control jobsite safety), and it doesn't actually become their house until after closing at the end of construction.  So why is he even suing the homeowners instead of the contractor?



kalikshama -> RE: Senator Alesi Sues Couple that Declined to Press Charges Against Him (1/23/2011 3:27:43 PM)

According to the article, the house had been sold and he is also suing the builder.



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