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
    Will Sizemore (profile), 27 Jan 2011 @ 4:38pm

    Re: Re: This is just one of the many things wrong with the courts

    That sounds fair, except that when a more well resourced entity or plaintiff wins a case because the not so well resourced, or at least not so articulate, defendant loses, the defendant has to pay the amount of the judgement, his own legal fees, AND his own legal fees over again.

    Also, people would start representing themselves for fear of losing and having to pay double what their legal fees would be without that stipulation. We'd have Judge Judy style cases in the Supreme Courts!

    I don't think that this solution would completely stop anything. If anything, I think that this would increase the effectiveness that those extortion law suits have. In your model, the loser has to pay the lower of the two legal fees to the winner. The winner stands to get the judgment and a portion of their own legal fees back while the loser again has to pay all three sums. I'd sure as hell never want to defend myself against a lawyer who may in fact be able to convince a judge that I might be in the wrong.

    It might be more fair to add to your model, the losing attorneys must pay their retainer and fees to the winning attorneys so that the loser is only out the legal fees and the judgement. THAT might have a more desired effect; that the lawyers won't take a case they think they might lose, and they will be more inclined to work harder to win because they are competing for business (revenue).

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