Presumably the boy knew the hours of operation of the park. Why didn’t he stop a few minutes short of 10 p.m.? Was he wearing elbow pads, knee pads and a helmet (required for individuals under 18 years of age)?
If the city of Lakeland capitulates in this settlement cum lawsuit, they might as well bulldoze the skate park because every time someone scrapes a nose, elbow or knee they will have their hand out looking for compensation.
As for the boy’s past and future pain (huh?), what about his present pain? Disability, disfigurement, mental anguish and loss of capacity for the enjoyment of life? That’s frivolous.
Young people heal quickly. Unless it was a compound “green stick” fracture, there won’t even be a scar. Loss of the capacity for enjoyment of life sounds like a permanent condition. Cases like this just reinforce the idea of why I did not pursue a career in law.
Kent Lilly, the lawyer representing the family, might as well name the person who designed the skate park and the construction company that built it as co-defendants.
It is never my fault, it’s somebody else’s. When are we Americans ever again going to own up to our mistakes?
Article source: http://www.theledger.com/article/20150331/EDIT02/150339975