Monday, January 26, 2009

LITIGATION - A case, controversy, or lawsuit. A contest authorized by law, in a court of justice, for the purpose of enforcing a right. Participants (plaintiffs and defendants) in lawsuits are called litigants.

LITIGIOUS - Litigious signifies a disposition to sue; a fondness for pursuit of litigation or lawsuits. It also refers to that which is the subject of a suit or action; that which is contested in a court of justice.
I was riding my bicycle on a cold day, and in the parking lot I turned into a parking space, just as I had done many times before. But, this was no ordinary parking lot, nor an ordinary day, apparently. As I turned the wheel at a leisurely speed, I heard the wheel sliding on the ice on the ground. Soon afterward I was on the ground.

I climbed out from under my bike, moved it back into the upright position, and went into a fast food restaurant to eat. At some point that day I was recounting the fall. I told someone how I felt bad falling like that. The person looked at me, and the first words out of their mouth were, "You know, you can sue them for that." I then told the person the name of the fast food place, and he said, "They are loaded! You should sue them instead."

Am I crazy? Is this the value I| need to develop? I wonder wnhat would happen to me if I felt like filing suit every time something bad happened to me. I looked at the person, and said calmly, "But nothing happened to me." Apparently that is a non-issue as a supporter of our litigious society.

The temptation is strong for many, I guess. I see how courtrooms has become for many a way to get something for nothing. This is a judgment on an idea. I cannot judge individual cases. The system of litigation is a wonderful place for people who have serious problems, and have to look to our court system to mediate for them. But, now that so much is happening in the economic scene, I wonder if caseloads in the court system will see a rise.

One man asked me how far I will get in life feeling entitled. He said, "How far will you be if you felt grateful?" I believe that gratitude gets me further. I am grateful foir so much in my life. I live in the heart of litigation central. I know now that many things I took for granted are already feeling the pinch.

I am accepting assistance to go to school. I am on MediCal to cover my m ajor medical expenses, and California is having its own money problems. One man I know is sweating over a rumour that Social Security checks will not be derlivered in early February. He is sweating, because his MediCal is threatened by the questionably balanced California budget. We act like we are in the know. We think listening to the news we can predict the future.

No, suing McDonalds is not enticing to me. I am not thrilled at the concept of selling my soul in a court room, just because I feel entitled to money that is not mine. Of course, my legs are wobbly, so I will climb off my soapbox.

Today, I received a call from a neurologist. Of the three neurologists in Redding, CA, I have scheduled an appointment for an initial consultation. This is the start of a balancing act. To effect the best treatment with minimal costy to me, I have to work with this man to get all my testing in one month...

Do you think we can do it? I have my fingers crossed. But, after all this, I have then to wait to see if my doctor can find something wrong. My spastic gait is quite entertaining, I am sure. But, my desire is to see a moment where these people have searched enough of my brain and body, to say "Mr. Stahr, we have a diagnosis. Here is what we have to do next..."


flamindevil said...

'I see how courtrooms has become for many a way to get something for nothing.'
-i particularly like this one

lemme say i could not agree more.nice post!

raqgold said...

the kids and i also slipped on an icy road a few weeks ago. should i have thought about suing them? sometimes people tend to think of doing crazy things, just moving around in circles making the people around them crazier. you are right, we should be grateful for the fact that nothing happened. and we should be grateful that not all people think like those.

Panaderos said...

I agree with your views about litigation. Some people with a sense of entitlement do abuse the system without any regard as to how their actions would impact the rest of us.

Take care, my friend. I wish you well at your next visit with your neurologiest.

saintnick said...

As the Jerky Boys say; sue everybody!

Santa Cruz Nick

bwzone said...

People make a habit of suing anyone they think they can get money from. In a recent case here, three adults got involved in a fatal accident and there was evidence of DUI. The families sued the golf course for serving them drinks causing them to get intoxicated. Unbelievable.

Keith said...

Flamindevil, I thank you for your thought. Come back and share again.

--Raqgold, we are often told that we should sue to send a message. So, if there is no message to send, no negligence perceived, and no pain incurred, why sue? Thank you for your beautiful thought.

--Panaderos, I always enjoy your thoughts, and anyone who agrees with me gets my approval.

--bwzone, thank you for coming to my site. I hope to hear from you again.

--Nick, Maybe I should sue you, and SHOW you a lesson! But of the people I have known since the 1970's, you do remain most decent. I will pass for now.

haze said...

You are a good Man ! If everyone thinks like you, life will be uncomplicated. Sometimes, we complain for nothing but let's not forget that we are still alive.

Goodluck to your check up. Take care ;)!

Nyl said...

There are only two kinds of people in the world wherever you go--good and bad. And though we are aware of that, sometimes we are still surprised by how some people react on things or situations.

just take care my friend!:)

Maricris said...

Hi Keith! How are you? Been a while since I visited your blog. I do hope your test turns out positively good. Or should I say a negative result is better? :)