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Post by Hungry Hippo on Nov 13, 2009 20:51:01 GMT -5
Lol ^^
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Post by Bob Paradis on Nov 14, 2009 1:01:26 GMT -5
Winter months are comming . I bet his steps to his place get real slippery. Would be a shame to see someone slip and fall. Anyone want his address? LOL
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Post by Bob Paradis on Nov 14, 2009 1:10:42 GMT -5
I worked with a loser like that. He sued my employer for back injury he got while helping me move a tub (he never helped me move anything, the POS) People who lived in the same housing project said he hurt himself playing basketball while drunk, the night before. Shortly before that, he got a settlement out of court from a restaurant for slipping on grease in a kitchen. This was a guy who had nothing at all, but had the top law firm in Hartford taking his cases...kind of makes you say...WTF?
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Post by Kurt Howgate on Nov 14, 2009 7:58:30 GMT -5
Sorry to hear this pathetic attempt at extortion...because that's what it really is.
Good luck to Jean, John, Frank, Chris, etc.
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Post by Bob Paradis on Nov 14, 2009 9:59:14 GMT -5
Sorry to hear this pathetic attempt at extortion...because that's what it really is. Good luck to Jean, John, Frank, Chris, etc. Of course the POS's going to try to get $ out of court, but we all hope he gets nothing. I don't think it's possible that this can even go to court, but how can he face these guys if it actually went that far?
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Post by Bill Collins on Nov 14, 2009 12:45:02 GMT -5
It sucks but hang on for the ride, it’s going to get ugly... I have first hand knowledge of a ligation suit, in a break arm situation, a waver is as good as your lawyer or should I say as good as their lawer…its sucks but expect to spend some serious money fighting this BS...
A solid waver will deviate a person from suing you, but will not eliminate the process, several things need to be spelled out.
I gave Kurt a copy of my release that was modified and review by my attorney, Harold Ryden attorney friend suggested included the initial points..You should always have an attorney from your State, review or modify to your specific.
Other things to consider….. 1) The qualifications of your staff (referees) 2) How the rules are interpreted, Bob Brown and my attorney both agree that you should not say,”in the event of a break arm or dangerous position the referee will stop the match immediately or if deems necessary”.
Or as WAF states When a competitor starts to put themselves in a “break arm” or “dangerous position”, the referee will caution the competitor loudly so that the competitor understands the caution. Referee will instruct the competitor to face their competitive arm, so as to keep the hand, arm and shoulder in a straight line. Competitors must never force their shoulder inwards, ahead of their arm or hand, towards the table..
Your inclined to open yourself up with the question of doubt “WHY” didn’t the referee stop the match before his/her arm broke….
My rules are interpreted such as, “With the sport of armwrestling there is an inherent risk of injury and you must protect yourself at all times, if any competitors would like to retract themselves from entering this competition please do so NOW…
3) In the last sentence “waiving of all subrogation rights’, an insurance company can sue you for the medical cost…..
By executing this Release, I hereby agree to indemnify and incur any expenses incurred by the (NAME), sanction sponsors, the tournament sponsors or any individual acting for or on behalf of the Incorporation, non-corporations, including but not limited to any volunteers, spectators and participants or the tournament sponsors or the meet directors for any damage whatsoever to any property or individual during the course of this event If any such damage occurs to any property or individual, I hereby agree to pay upon demand all costs for such damages including all Medical, Travel, Court and Attorney/ Lawyers which may result from or be caused by any of my acts, including contestants & insurance company’s ‘waiving of all subrogation rights’.. (This clause is a kicker, if not spelled the insurance company can sue you for medical cost)
4) This will help protect all parties involved including the opposite participant I hereby agree to indemnify and hold harmless (NAME), the tournament sponsor, the meet directors, and any and all agents, employees or designees, including but not limited to any volunteers, spectators and participants’, which are assisting in the promotion and conduct of this meet from any and all claim that I may have or may be able to assert, as well as the claims of any third parties, for any personal injury or property damage which may result from or be caused by my participation in this meet.
5) Now for the youth, if under 18, I, the undersigned, give my permission as a parent or legal guardian, to allow my son or daughter to armwrestle in this championship. I have read and agree to the terms stated above.
This clause will reduce or eliminate ligations from the parent, as the parent waved all rights (if you have a solid waver)…. BUT from the time the kids turns 18 they have two years to take you into ligation…SUCKS but that’s the law…
Now going back to the beginning of this post, I had a good waver but there were a few holes such as: demand all costs for such damages including all Medical, Travel, Court and Attorney/ Lawyers….&…. indemnify and hold harmless (NAME), the tournament sponsor, the meet directors, and any and all agents, employees or designees, including but not limited to any volunteers, spectators and participants’.
Between myself and McGraw we have 8500.00 in attorney fees.
We can counter sue for Frivolous accusation, but how much do you want to spend, we may spend 10K to get back 8500.00
GOOD LUCK...
Good luck
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Post by Jean chicken wing Daigle on Nov 15, 2009 7:28:29 GMT -5
The last that I know, he was asking for $125,000
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Post by Leonard Harkless on Nov 16, 2009 10:08:02 GMT -5
Other things to consider….. 1) The qualifications of your staff (referees) Is there a way to prove the qualifications of referees in armwrestling? I'm aware that most referees have a considerable resume of experience in our sport, but can we prove it (in a court)? Could we consider a possible way of licensing or certifying them to help ward off future potential lawsuits? By the way I'm very sorry to hear about the potential lawsuit from all this. I hope it all works out well. They can always come to the Unified and pass the WAF referee seminar that I hold every Unified. Granted not easy to pass but that is the point of it all. IMO ;D
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Post by Frank "The PREZ" Hirst on Nov 16, 2009 17:43:50 GMT -5
Joshua plourde is a jackass
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Post by Jake Smith on Nov 16, 2009 18:26:09 GMT -5
$125,000!!! people get killed for less than that. (or so i have heard )
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Post by kyledarby on Nov 16, 2009 19:26:15 GMT -5
Joshua plourde is a jackass Amen
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Post by Jean chicken wing Daigle on Nov 19, 2009 13:18:49 GMT -5
DITTO
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Post by Logan Schuetzle on Nov 19, 2009 13:40:55 GMT -5
125k?? He really is a Jackass!! F!
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Post by Jean chicken wing Daigle on Nov 23, 2009 9:15:51 GMT -5
I have to appear in the attorney's office for deposition at Hartford ct on November 24 at 12:30 for Jared Plourde. 1:00 for Tammy Poitras. 1:30 for Gregg Poitras.
On November 25. 9:00 for Chris Gangi in Hartford. 4:00 in New London Ct. for franks Hirst.
The attorney for Terryville Fair offered Josh Plourde the sum of $15,000 and they refused.
I'm sure that there will be more to come.
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Post by Dan Fortuna on Nov 23, 2009 9:58:14 GMT -5
They actually offered him money?? wtf?
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