I would think the settlement would have been based on a contigency fee–

and yes– Tort Law

Yay for us, two new threads ahead of this one!
Over I go!

Patty - yep Tort Law.

Sounds like KS has some pretty strange laws regarding liability claims / payments.

‘morning All.

FL…
if you go way back in Adams blog…Dec. ‘07
http://housley.blogs.foxnews.com/2007/12/09/candle-light/
Our daughter was killed in a motorcycle accident in April ‘05
This should explain the post from above.

K2..
no apology needed.

FYI…Did you know…well no, you probably didn’t. Under KS law…whether a settlement in or out of court.. is 50 mil…1 mill or 500k, it doesnt matter. KS Law sets the max at 250,000.00 (that is a combined total of 1 or many settlements in the same case) Doesnt matter what paper you sign, or what law you dig up, or even what a jury grants, it is the max…regardless.
Not sure i’m correct here because it really has been pushed deep inside my head and put away out of necessity… am i right to call it a Tort Law?

That story above never did say exactly what the lawyer was paid, it left that open ended, open to presumption. 99% of settlements are with a stipulation, that you never talk about them, EVER. Especially involving a large coopreration like that.
My guess is, that lawyer didnt get the remainder of that math equation. Totally presumption on my part, but i would guess that the settlement was written in 2 checks. No doubt 1/2 to her heir(caregiver)…which would have been her son, if she and her husband were divorced by then. and 1/2 in her name. The 1/2 to the heir would have been protected from rebuttal and would never have been touched by the insurance company to get $$’s back. Making those dollars still there for her, because she in turn, would be the heir to the son’s estate.

But that is just my opinion, Im not so sure the lawyer is the bad guy in the story, (God i cant believe i just said that) i think it was a poorly written story with many details left out. Which is fine, its really no ones business but theirs. But if a decent reporter is going to bother writting the story, write the whole thing! Presumption can be a lethal ememy!

update on Colombia

Colombia offers to free rebels in hostage swap
Government seeks release of ailing ex-presidential candidate Betancourt
Americas video MORE VIDEO
President snoozes during trial
March 26: The former president of Peru doesn’t seem too concerned about the human rights charges against him. Willie Geist catches him napping in court.
——————————————————————————–

updated 2 hours, 49 minutes ago
BOGOTA, Colombia - Colombia will free hundreds of guerrilla fighters if rebel leaders release politician Ingrid Betancourt, who is in ill health after being held hostage for years in secret jungle camps, the government said.

President Alvaro Uribe signed a decree late Thursday allowing the massive release of guerrillas from jail if French-Colombian Betancourt, kidnapped during her 2002 presidential campaign and ailing from hepatitis B, is set free, Peace Commissioner Luis Carlos Restrepo told reporters.

The decree was a bid to speed up efforts at swapping rebel-held politicians, police and soldiers for jailed guerrillas after months of haggling over conditions.
-

“The immediate release of Betancourt would be enough for us to consider the humanitarian exchange underway, in that we would conditionally suspend the sentences of guerrillas who are part of the agreement,” Restrepo said.

The Revolutionary Armed Forces of Colombia, or FARC, is holding hundreds hostages for ransom and political leverage, including three American anti-drug contractors captured in 2003 and Betancourt.

The FARC, which took up arms in the 1960s, and the government have been deadlocked over conditions for exchanging dozens of such high-profile hostages for rebels held in government jails.

“The legal basis for a humanitarian exchange has been established and we have reduced the requirements as much as possible,” Restrepo said.

‘Very, very delicate’ health
Despite hard lobbying for a hostage swap by the families of kidnap victims and the French government, an agreement appeared less likely after Colombia killed the FARC’s No. 2 commander in a March 1 raid carried out in neighboring Ecuador.

Earlier on Thursday Colombian human rights ombudsman Wolmar Perez said Betancourt’s health was “very, very delicate.”

Reports received by Perez’s office say Betancourt appears malnourished and her skin is raw with infected insect bites.

He said she suffers from hepatitis B and last month was brought by the FARC to be treated at first aid stations in jungle towns controlled by the guerrillas.

“The government has joined the national and international cry that the life of Ingrid Betancourt be saved. We cannot run risks in this case and there is no more time to wait,” Restrepo said.

6 victims freed earlier this year
The rebels, who are funded mainly by cocaine smuggling and extortion, freed six kidnap victims earlier this year in deals mediated by Venezuela’s leftist president, Hugo Chavez.

But plans for a wider hostage swap have bogged down with the government refusing the FARC’s key demand that soldiers and police be pulled from a populated area in the west of the country to be used as the site of the exchange.

The government proposes the swap take place in an unpopulated area where the guerrillas would not be allowed to enter armed.
————————————————————————————————–

I sure hope Betancourt is released. Can you imagine what she is going through or has she just have it in head- what is, is what will be ?- —– as does this happen.

Max–

I left you a comment on the Me and Max thread-
xxxx

North Korea playing games-

http://www.foxnews.com/story/0,2933,342570,00.html

Price of rice gone way up and Asians are looking at being hungry– this is sad!

http://www.msnbc.msn.com/id/23832071

Mrs. Housley–

You do want to know about the project and I am sure you will be tickled to know what we are doing– and it would be so much fun if you were in it too!! As you are now, officially part of the bloggers!!! You need to look into the email I sent to the wine site. All I need from you is one thing. Or just click on the link I put up for Amy– and read my comment on it-

I am looking forward to your son coming back too- We have all missed him. And I am sure he will have fun pictures and stories to tell!

Have a good night- and did you finally get well??

Susan

Amy in Sweden–

I do want you in the project– You need to email me–

my email address is in here

so then I can share with you the project and see if you would like to be a part of this– I don’t want to elaborate or someone might just figure it out–

http://www.slide.com/r/R73k12Bo4z8Hf9egC2rrV2zEYU1FXwbI?previous_view=lt_embedded_url

xxxx

Hi Mom Housley!

Nice to meet you!

I haven’t been around for awhile lately, so I haven’t had the privilege of meeting you yet! I’ve been very busy at the support forums lately, and dealing with my narcolepsy, sleeping a lot, even while typing hehehe, so I haven’t been around.

But seriously, it’s been happening more often. A symptom of narcolepsy called Automatic Behaviors, when you can do such things as typing on the computer and fall asleep, eyes still open, start dreaming and WOW the things that I type can be quite hilarious!

My latest that was legible was “hey let’s get down tonight and dance with buckets of cement…” hahaha Funny what the brain does and thinks of during sleep! Strange dreams. hahaha

But because it’s been happening more often, just be aware. If I start talking wacky. Well, OKAY. Wackier then USUAL! hehehe And if it starts out with a lot and I do mean a lot of misspelled words, that’s a good sign that I am falling asleep.

I can even be in and out of it so quick that I can start to recognize it and apologize, but not awake enough to realize I can still edit it, by hitting the backspace or better yet get up and go to bed. lol I got back into sleep again so quick I don’t have time to react. hahaha

As often as Susan is here, I KNOW that she will be around to inform anyone if this happens to me. lol So no one will think they have entered the “Twilight Zone” hehehe Or have they???? hehehe

Hey guys, what’s the project?? Clue me in! I can see I have missed some things. lol

Any word on when Adam is heading back to the USA or if he has any other destinations in Europe?

I can’t hardly keep up with all of you!
John: You are funny
Avi: I am so glad your sister is safe.

Max: Is all of that park from London
to Southampton-or some the countryside?
I loved it! Studying in the USA soon?

K2 We were in New Zealand two years ago.
A beautiful and very friendly country. It is
hard when your children leave for a long time.
They are always your children-no matter how
old.

Susan AZ: He likes most wood tones-more dark
than light. You have seen some of the great photos
he has taken. (Sorry I do brag about my boy-both
boys actually) his brother Arik is terrific too! I am
a very lucky Mom! I will try to get over the winery
sight-with the boys gone I am doing x-tra duty & have
a hard time catching up. Next week should be better.

What project or fun are you guys including me in?
Do I want to know?

I must admit-I am getting teased by my friends for
blogging-but I am having fun.

I need to get back to some of the serious stuff you
all talk about too! I have hardly had time to watch
TV let alone the news. I think Hilary is shooting herself
in the foot & I have a hard time believing Obama can
go to church for 20 years & not believe that preacher.

Before I say anymore I better catch up on the news
a little more.

Good night everyone!

Susan, Congrats! And, glad you got your money back from Crown…….

Patty - Please accept my apologies. My post was insensitive to you.

LDG–

Headed over there!

xxx

K2–

EXCELLENT summation about the lawyers– I had noticed a comment in the article from a Derek who had posted a brief comment about the attorneys–

Unfortunately many people don’t realize for half of the suits out here, one doesn’t need an attorney- I have won three cases on my own without having to use an attorney– One against a creditor who claimed to be a legal group-(against the law to use a legal heading as to intimidate) -One against the State– issue about caregivers– and one against QWest– I use Cox now- And I have argued a few small ones– one with Alaskan Airlines– (same issue- not reading the small print) Poeple need to read the small print– I think they do this on purpose– how many of us need reading glasses so they print it out in small print because half the time, in a hurry, we don’t read our whole contract because we can’t see the small print) –

Thank goodness for the internet– all the statutes are on the internet and one can just compile their own argument without having to pay those legal fees!!!!!

And for a good laugh– Crown Mail sent me a check and reimbursed me for the whole mailing cost! LOL!!!!!!

@Susan-AZ

FYI: posts for you over on the “Another Robert…” thread

John–

You caught the bees too! I had asked a question about that– LOL

Susan………..Momma Housley should definitely be included in ” The Project “……..I’ve already petitioned above for her to get her own blog. Like any good mom, she’s been the pillar, the solid walls, nay……..the very foundation, that’s kept “the House” in order while her offspring is out frolicking through the Irish and British countrysides…………making videos of grown men dressed in bee suits of all things.

—————————————————————————————————————-

Mrs. Housley–

We would love you to join in our fun!!!

Susan

HMMM?

was not clear if Colombian authorities meant that they had found depleted uranium, which is the residue left after the mineral is processed to make nuclear energy or nuclear weapons. In its natural state, uranium has low radioactivity and it has to be enriched through a sophisticated process to generate nuclear energy or to make nuclear weapons

I think most insurance companies have that clause,

I would just be sure the settlement would cover all the medical b/c of the accident …
the future medical and nursing care .. and wages lost… ( I guess??)

I watched this on CNN w/ Anderson Cooper last night…

it’s the taxpayers that will end paying for her …. since her poor husband had to divorce her and Medicaid will pick up the expenses…

I feel bad that she just lost her oldest son in Iraq… sad sad sad…

I personally think that WalMart COULD just let her family have the $477,000… (and I think that attorney could have given some of that money … given the circumstances… )

but like my husband said…
if they make an exception for her.. then the floodgates will open…

it just sucks the big ole wally….

Patty - now you have us curious.

No matter how you look at it….it is such a sad situation for that family! We just never know what the day will hold for any of us.

If you notice, i didnt say anything good or bad about walmart when i posted the link. I said to look at your own insurance.
I do know every state is different on their laws, I know i would not take a settlement without an attorney. And i know i’m way to close to this kind of story to say anymore.

K2 - perfect summation! I agree! Does the attorney really need $583k? I found it interesting how CNN seemed to only care about making Wal-Mart the bad guy and never mentioned the attorney’s large share. Don’t get me wrong…I think that’s pretty pathetic what Wal-Mart did but can you imagine the can of worms that would open if Wal-Mart “just this once” bent the rules on their policy.

Terri - very sad. That attorney made a mess of things….. With the severity of her injuries, she did not need an attorney to obtain a fair settlement. So sad. And some real bozo’s at Walmart who made the decision to pursue recovery…….

K2,
the hubs and I were talking about that whole deal last night too…

we think the attorney screwed up…..

I yi yi… an awful awful story..

did you see how he had to divorce her??? Yep… that’s what they tell ya to do!!
We know that all tooooo well.

Patty - very sad case…..but here is my take on it……. This is the most important paragraph of the entire report

Shank and her husband, Jim, were awarded about $1 million in a lawsuit against the trucking company involved in the crash. After legal fees were paid, $417,000 was placed in a trust to pay for Debbie Shank’s long-term care.

I suspect the Shank’s settled for the trucking companies policy limits. They would have received this amount without the involvement of attorney. But, they chose to have an attorney represent them.

The attorney received $583,000! Now, who is deserving of this amount of the money? Also, since they were represented by the attorney, he should have stipulated the settlement amount did NOT include any medical expenses. It was entirely for the ‘pain and suffering’, ‘loss of consortium’, and ‘future care’.

If the attorney had done so, Walmart would not have had any right to pursue recovery. Perhaps the attorney should have done his homework before negotiating at settlement of the claim! And, maybe, just maybe, the attorney should consider giving up over half of his fee and give it back to the Shanks……

Or, maybe the Shanks should just consider suing the attorney for malpractice!

John - do you have a night job at the comedy club? lol

@Terri ~ Las Vegas

re: “Hey, I just heard on Fox election HQ that…”

That just adds to the list of “sins commited”, doesn’t it? (e.g. look at what else has for sure come out of that “fine congregation”

@Alfredo

Here’s the same, in newspaper format:

http://www.miamiherald.com/854/story/471631.html

Colombian Army found Uranium from FARC

http://www.youtube.com/watch?v=rCxHByBL9As

Hey, I just heard on Fox election HQ that Obama’s church has reprinted pro Hamas anti Israel crap.

@John

“I finally got to enjoy your link of 09:41 EDT…”

A pleasure to be of service, or at least, amusement. Sorry you had to wait so long.

Susan………..Momma Housley should definitely be included in ” The Project “……..I’ve already petitioned above for her to get her own blog. Like any good mom, she’s been the pillar, the solid walls, nay……..the very foundation, that’s kept “the House” in order while her offspring is out frolicking through the Irish and British countrysides…………making videos of grown men dressed in bee suits of all things.

Susan: just don’t stick your food in my mind or your leg will come clean off!

LDG…………I finally got to enjoy your link of 09:41 EDT…………..thanks, I guess I’ll stick to chess for now…………

@Avi

…hanging with friends in an interesting place = cool

…forgetting what is going down around you and being a target = perhaps cool, but dead

yeah, I know, preaching to the choir again ((grin))

Be safe, have a grand time, and come back to us here soon!

@Susan-AZ, if you look here before in the “Another Robert…” thread

re:
***
Comment by Susan-AZ
March 27th, 2008 at 3:25 pm
LDG—

I need to go back on the other thread– I think I am missing something here-

***

perhaps what you missed is that either FOXNews or The AP revised the story from the original posting and what is *now* at that link is functionally correct. finally. profane reference about the matter goes here

Ill post her pics later today cuz they are on the other comp which she is on at the moment …..

FL..or someone caught the fish, felt sorry for it, and threw it back! *LOL*
oooops!

Patty - I think that is awesome!

Susan AZ - I bet someone caught that fish or the shark that ate the fish that ate the ring and found a gold ring and said “it’s my lucky day”! lol

Susan, i stay clear of walmart and the other corperate type stores if i can. i stay at home and shop local most of the time. our community is so small, and a walmart 30 miles east and 30 miles west, if we dont support our local stores, we wont have them at all.
i’d rather spend a few extra dollars than support stores that could care less about their employees. There is nothing cheap about walmart prices, at least here.

Max—

sorry to have flown over you– thanks for the heads up on Tammy and Retread- South Dakota–

you have a mind as sharp as a steel trap!

xxxxxx

avi…glad to hear she is home, a relief for your parents and you!
Stay safe this weekend, and like susan said…behave…sort of

Avi - maybe you can post your sister’s photos. You have fun, be safe & take more pictures!!! I would so love to see them!

Avi-

has your sister stopped shaking?

Derek– Are you the one who left a comment in the article about Walmart in the link Patty posted? And if so, I agree with you about the lawyers!!

She got home today, she took pics of the shattered storefronts and cars. And the rocket that landed in the backyard of a daycare last week…..

Patty–

My daughter will not shop at Wal-Mart and with this story, I don’t think I will either!!!!!

My blood is boiling and then she loses her son in Iraq to boot!!!!!!

green zone again-

http://www.msnbc.msn.com/id/23788065

AVI– TAKE PICTURES!!! and behave- sort of-

Becky– I think Mrs. Housley would be perfect for the game– and yes Patty, it would be her call~

xxxxx

Off sub again. ..

Sad.. sad….this one should make your blood boil….and should make you check your own insurance.
http://www.cnn.com:80/2008/US/03/25/walmart.insurance.battle/index.html

Avi ~ have fun in Jerusalem!

Susan ~ I think Mom Housley should be included.

Hear anymore from your sis Avi?

Have a good time this weekend Avi!!!
Sounds fun!

we lose an Hour tonight noOOOO!!!!!!!!!!!

I’m going away for the weekend to hang out with frenz near Jeruslem ( fri-sat)

Off subject, but back to illegal immigration…
John…your comment up there is perfect. The best i’ve heard it described.

KS Senate passess bill…
http://cjonline.com/stories/032708/bre_immigration.shtml
you’ll have to let me know if the link doesnt work.

That would be up to her susan

Vote here— Don’t you all think Mrs. Housley should be included in the project as she is now a blogger?

Some expensive bird or fish is hanging around with a full belly!

K2—

I wonder if Adam is in Wales now? Double special greeting for you since you got that one too!

xxxx

Susan - no married fish but I think I I did see a bird get shot down there. lmbo

LDG—

I need to go back on the other thread– I think I am missing something here-

***Intentional Duplication of Posting, from “another Robert Schaffer”(sic) ***

Comment by LDG
March 27th, 2008 at 8:09 am
@Robert Shaffer (Schaffer), in the likely vain hope you might notice

This incomplete, in at least one point inaccurate, and since it is from the AP, biased-against-the-war so-called “News Story” is what FOX News is running on the website right now:

http://www.foxnews.com/story/0,2933,342111,00.html

If you haven’t seen it yet, please read it. It is quite short. The headline on the FOXNews main page was “Green Zone Under Seige”. <–note that AP can’t be blamed for that misrepresentation.

You are getting undercut out there, my good fellow. Get on the phone back to NY and at least get them to pull back this lemon.

***

Alfredo–

try the second one– I screwed up on the first one–

Dear Susan it does not open.

http://counterterrorismblog.org/

Andrew Cochran

LDG—

I don’t plan on investing in any Halo games- TENNIS ANYONE?

Sunshine– when your husband lost his wedding ring diving, any married fish now?

Carrie– sent you an email back– hope you see it— And you have to share the wedding pictures with us–

Alfredo– Mass. Joe Kennedy– you might think Ted might have the same thinking?

did you see the article and transcript of the meeting in Washington- about FARC I posted in another thread a couple days ago- March 24th?

http://www.counterterrorism blog.org — check it out!

look at this links!! beware of farc.

The Bolivarian Republic of Massachusetts

http://blog.heritage.org/2008/03/25/the-bolivarian-republic-of-massachusetts/

The Heritage Foundation -
The Bolivarian Republic of Massachusetts
Posted March 25th, 2008 at 12.12pm in American Leadership, Protect America.
The Christian Science Monitor reports today that “liberals from around the world” are flocking to Caracas “to experience Hugo Chavez’s experiment in socialism.” Liberals here in the United States worried about the carbon credits they’d have to purchase to offset a flight to Venezuela might consider visiting Massachusetts instead.

We already knew that ex-Rep. Joe Kennedy (D-MA) eagerly appeared in U.S. television advertisements promoting “our good friends in Venezuela” who allowed Chavez’s Citgo to supply reduced-price heating oil to Massachusetts residents. And we already knew that Rep. William Delahunt backed Chzvez’s efforts to release hostages in Venezuela. Now the Wall Street Journal reports:

A military strike three weeks ago killed Raúl Reyes, No. 2 in command of the FARC, Colombia’s most notorious terrorist group. The Reyes hard drive reveals an ardent effort to do business directly with the FARC by Congressman James McGovern (D., Mass.), a leading opponent of the [U.S.-Colombia Free Trade Agreement]. Mr. McGovern has been working with an American go-between, who has been offering the rebels help in undermining Colombia’s elected and popular government.

We know the Massachusetts delegation loves Hugo Chavez, but perhaps they ought to rethink their how intimately they involve themselves Chavez’s efforts to export his ‘Bolivarian Revolution’ to other countries.

Carrie-

LOL on your comment over at Greta’s– Sister Whacko’s email thread-

K2–

Adam will be back in a couple days– I will have to remind him about your prize again–

Adam- when you get back and unpacked– K2’s special greeting? She guessed where you went–

I am still hoping you stop in Italy to say hello to Pope Benedict XVI who might be XV11 by the time you get there!!!

K2–
Hello to all and now departing– But I have to check what LDG posted–

xxxxxx

Mrs. Housley-

Susan-AZ I forgot how expensive Barcelona was to
go along with the rudeness. I didn’t realize lots of
spain was that bad too! Adam likes wood tones on
frames and likes to hang his own photos!

_____________________________________________________________________________-

Last question- Dark wood? as in dark brown? I sent you an email through the winery site– for your eyes only—
It is our turn to do a guessing game with Adam-

Spain- my friend, Lydia, is from Puerto Rico, and she can speak Spanish fluently- given this, the people in Madrid were rude to her and her daughter– She also went to Cádiz and same attitude there– She was so disappointed- Although, in Cádiz she said the prices were better-

Max..its easier to sit at the computer and forget the other stuff! *L*

k2: i have the computer in my room, so it’s too easy to “quickly” check the blog while i’m meant to be doing something else.

There’s a difference, IMO, between an illegal immigrant and illegal immigration. An illegal immigrant is just a person taking advantage of a given situation to better his/her life ( in most cases )…..I can’t really fault them for that. Illegal immigration ,on the other hand, is a failure of governmental policy……..and that’s our fault for allowing it to continue unchecked. Like any law, either use it or take it off the books…….but, most importantly, make a decission one way or the other. All this debating is not getting anyone anywhere.

Uh oh…. i have a case of the “Susan’s”

I say I am leaving and am still here!
(sorry Susan)

Mom, your blogging is great.

Our son is studying in New Zealand. He left on 2/27 and won’t be back until 5/20! Since he not sitting in a classroom - but is exploring the countryside - backpacking, camping, sailing, sea kayaking - we are unable to communicate. No phone. No email!

So, I know what you mean, when you say “can’t wait”.

Max, i am supposed to be working on things around the house too….. dropped in for a ‘quick fix’.

I am gone again for a bit….back to cleaning….

Patty - sorry….. It must be KC who has the beach place……

Illegals - remember the school bus accident here in MN? The illegal hit the bus and four students died. Well, a front page ‘opinion’ piece said if you take position against the illegals you are a racist! I could not believe it!

Of course, that writer is a resident of our sanctuary city, Minneapolis!

K2: busy with exercise, reading, and eatting! probably going to do some chores like ironing and grocery shopping.

Moma Housley: Yeah, all around the palace is parks. But you would have had to leave the city to get to south hampton, since that is down by the coast.

argh…the illegal immigration thing. KS is arguing about it as we sit here.
I already told them my 2 cents worth, many times.
I hate getting condecending emails back. grrrrr I told them after all the hemhawing around…they just needed to “go to work with a set of brass b*lls and do whats right! Not what protects thier votes.

Mom…you are so funny!

John…Momma’s House
KC…adam always has problems traveling!!! The others may wish they had sent him ahead of time! *L*

K2…not me with the beach…its FL…theres not alot of them in KS! *L*

Terri…….some local jurisdictions are doing something about it. Here’s one example

http://www.wusa9.com/news/local/story.aspx?storyid=70068

Look at this … a L.V. 4 yr old girl killed by a hit and run illegal alien driver!!!!!!!!!!!!

Illegal’s … they are dangerous. I was told by someone that works in a NLV traffic court ~ that 90% of traffic violators in traffic court are illegal aliens… driving w/o car insurance.

This has GOT TO STOP! Police should be able to question the status of immigration!

L. V. and Reno should be protecting their tax paying citizens first!!!!!!!!!!!
L. V. is an unofficial sanctuary city.. and Reno IS a sanctuary city.

http://www.lvrj.com/news/17044901.html