Say for example someone offered you $2,000 to put fake tusks in your mouth and take a photo, then show it to your friends. Would you take it? Chances are you would.
So, why does the legal system believe that the photo is valued at $1,000,000? ($250,000 out-of-court settlement + another $750,000 from the insurance company because that just wasn't enough).
http://news.yahoo.com/s/ap/20070727/ap_on_fe_st/jokester_dentist
2007-07-27 04:16:23 · 6 answers · asked by Citizen80285bnz 2 in Politics & Government ➔ Law & Ethics
Who knows, years ago you played jokes on one another, everyone laughed, someone tried to do one better the next time.... no harm, no foul.
Now it makes the work place a little stressful, for fear that something you say, do, laugh at, etc, will be grounds for being sued.
To me, once they made it so easy to sue others, it opened the door for this type of thing.
Sad, sad, sad!
2007-07-27 04:20:45 · answer #1 · answered by ♥ ♥Be Happi♥ ♥ 6 · 1⤊ 3⤋
I think you have your numbers mixed up there. The Dr. settled out of court for 250k that he thought his insurance company should have payed. The insurance company said no so the Dr. turned around and sued them for 750k. The person who had the tusks put on them only got the original 250k (which is still ridiculous).
I don't get the reasoning of the ruling against the insurance company. If I were them I would not want to cover a law suite over a willful act in a practical joke too. But I do not know what the terms and conditions of the insurance policy said.
2007-07-27 04:26:22 · answer #2 · answered by Michael C 7 · 0⤊ 3⤋
First off, the the $750,000 didn't go to the person who the picture was of. That went to the dentist because his insurance didn't represent him, and that was illegal, so he sued them. The person the picture was taken of got $250,000. That's it. Second, it wasn't just a picture taken. It was a dentists improperly doing a medical procedure, then distributing it at work, making the employee not want to work there anymore. It goes far beyond that of just an embarrassing photo. It violated medical and workplace ethics, both of which should be taken very seriously.
In my opinion, medical ethics violations should be dealt with very sternly.
2007-07-27 04:22:47 · answer #3 · answered by Take it from Toby 7 · 2⤊ 2⤋
that is incredible. this is why we pay such high premiums on all types of insurance.
stmichaeldet you didn't read the article correctly. the Dr. won the 1million not the girl who got the fake tusks implanted.
A King County Superior Court jury sided with Woo, ordering Fireman's Fund to pay him $750,000, plus the out-of-court settlement
the insurance company has to shell out 1 million 750.000 to the doctor and 250.000 to reimburse the original settlement with the patient.
2007-07-27 04:37:23 · answer #4 · answered by strike_eagle29 6 · 1⤊ 3⤋
Because, in your scenario, the photo-taker _asked_ first. Offering to pay someone up front to take a silly photo, and taking that photo secretly while your subject is under anesthesia, are two entirely different things. The $250K is not simply for the photo, but to punish the incredible insensitivity, rudeness, and invasion of the second act.
So, if you don't want to pay $250K to take a silly photo, be sure to ask permission first.
Edited for correct award amount. Happy now?
2007-07-27 04:27:36 · answer #5 · answered by stmichaeldet 5 · 1⤊ 3⤋
Wow, I wish i was the one with the tusks and the $250,000
2007-07-27 04:25:25 · answer #6 · answered by Gengis 6 · 2⤊ 2⤋