Politician Trespasses Into House Under Construction, Breaks Leg... Sues Owners

from the crazy-lawsuit-of-the-day dept

Chris J. contributes the latest in our series of absolutely ridiculous lawsuits. Apparently NY State Senator Jim Alesi is suing a couple and their homebuilder over a broken leg he suffered. But the real story is in how he broke the leg. The couple -- who it should be mentioned are constituents of Alesi -- were having a home built. While it was under construction, but no one was there, Alesi suddenly decided to just go into the house and have a look (he says he was checking it out "for a friend.") The door was locked, but he walked around back and found a basement door that was unlocked. Once inside, he tried to climb a ladder to get to the first floor, since no stairs had been built yet... and suffered serious leg injuries, requiring surgery. And now, he's suing the homeowners and the builder.

Yes, let's repeat that. This guy trespassed, broke into someone's home (that was under construction at the time), and then broke his leg while trying to climb a ladder, and then decides to sue about it. And he's a State Senator. This was not a house that was for sale. It was not open to the public in any way. Alesi was apparently cited for trespassing at the time, and everyone involved is apparently baffled that he's suddenly suing now, for something that happened a few years ago, and on something in which it appears that he was massively at fault.

Update: Via the comments we have the full complaint and the news that he's dropped the lawsuit and issued a typical politician's apology, after members of his own party started ridiculing the lawsuit and asking him to drop it.

Filed Under: jim alesi, lawsuits, trespassing


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  1. icon
    fogbugzd (profile), 27 Jan 2011 @ 9:53am

    You haven't factored in the insurance company's role

    This comes from my own family's experience.

    The other parties involved here are the insurance companies for the builder and the owners. In practice, it is the insurance companies who decide how far this goes, and they are likely to want an out of court settlement on the outside chance that they could get hit by a large settlement. So the process will be that they first settle on the amount of damage that would be due if the builder and homeowner were in fact liable. Let's say they decide that it is $250,000. Then they will sit down and figure out what percentage is the fault of the plaintiff. This percentage will be a maximum of 90%. Since the door was unlocked, it could be lower. So, in the worse case scenario the plaintiff walks away with $25,000 minus 40% for attorney fees. It's a sweet deal for the plaintiff and an even sweeter deal for the attorney who does not have to suffer through a broken leg. It also explains why we have so many of these types of lawsuits.

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