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RE: Is Everyone Present And Accounted For?----[Choices]

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That?s the part that really ticks me off...!


When the whole suit is obviously a "money grab" by owners...


Happens WAY too often in our lousy business....



Arrrghhh!!!!!!


David L. Fisher  SE  PE
Senior Principal 
Fisher + Partners Structural Engineers inc
372 West Ontario 
Chicago 60610         
 
312.573.1701
312.573.1726 fax
312.622.0409 mobile
www.fpse.com         

David L. Fisher  SE  PE
Director
Head of Design and Construction
Cape Cod Grand Cayman Holdings Ltd
75 Fort Street
Georgetown Grand Cayman BWI
mobile 312.622.0409
www.ccgch.com












-----Original Message-----
From: Bill Polhemus [mailto:bill(--nospam--at)polhemus.cc] 
Sent: Tuesday, September 06, 2005 5:26 PM
To: seaint(--nospam--at)seaint.org
Subject: Re: Is Everyone Present And Accounted For?----[Choices]

Sharon Robertson wrote:

>Don't be silly.
>
>Just because you are sued doesn't mean that the plaintiff will win.
>
>Obviously if your design meets the standard of practice the plaintiff has
no
>case.
>  
>
You're being naive, you know.

The vast majority of such cases settle out of court, with no clear 
"winner" or "loser" except in the monetary sense--the only sense that 
matters to attorneys.

Or are you going to tell me you've NEVER known anyone to settle out of 
court in order to "cut their losses" even though they were not at fault 
and did not admit to fault?

The case we settle last year, the engineer was "forced" to settle 
because his insurer insisted on it. He was never shown to have been 
negligent, or to have exceeded the design standard. But he was sued, and 
money changed hands anyway.

Like I say: This whole scenario ought to be chilling. It's one thing to 
say "well, we gambled and lost. It was a calculated risk, but things 
turned on us," and another to say "doesn't matter what you did, people 
are hurt or dead, so it's your fault, you criminal!"

That's where we're headed.

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