To: seconsultant(--nospam--at)earthlink.net, seaint(--nospam--at)seaint.org
Subject: Re: Negligence per se ( another misconception)
Date: Tue, 22 Feb 2000 17:32:49 EST
The major point I was trying to import here, was that the EOR is not totally
without options ( see my prior postings), especially when the alleged damages
were not the fault of the EOR ( not caused by his/her design).
I believe if the plaintiff's attorney was fully informed that the EOR has NO
LIABILITY, it may change the outcome dramatically, because the plaintiff's
lawyer is now looking at a pot of problems ( i.e. malicious prosecution,
etc..) instead of a pot of gold (insurance money), which may not be worth the
I do not mean to imply that this will be a walk in the park, to the contrary,
litigation is a very frustrating process. But this is something imposed on a
defendant, like it or not.
To conclude, I do not feel that the insurance industry ( and defense counsel)
are really motivated to get the EOR out of the suit asap, "self interest"
plays a role, as in any other situation ( if you know what I mean).
Good luck all, will keep you posted