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Thu 13 Jul, 2006 04:49 pm
Well, I guess the daughter-parents relationship is in the toilet. I don't know about you, but I couldn't have sued my own parents for any reason.
Daughter Who Surprised Mom With Birthday Visit Sues Parents
MADISON, Wis. -- An Illinois woman is suing her Wisconsin parents for maintaining an icy driveway that she blamed for a fall that broke her ankle two winters ago.
This week, a federal judge refused to toss out the lawsuit, setting up a trial for November.
Carriel Louah, 25, visited Darlington, Wis., to surprise her mother on her birthday in January 2005. But the next morning, she was injured when she slipped and fell on her parents' driveway. She filed suit against her parents earlier this year.
The daughter said that a letter from her mom apologizing months after the fall proves that her parents knew they had a defective gutter for years and did nothing about it.
She's seeking more than $75,000 in damages for medical bills and lost wages.
Her parents said that she can't prove the driveway was icy at the time or that their drainage system was faulty.
U.S. District Judge John Shabaz said that a jury should decide the matter.
This could be a case of the daughter (with cooperating parents) trying to get money from the parents' homeowner's insurance.
Interesting premise. I didn't think of that.
That's awfully conniving.
Noddy24 wrote:This could be a case of the daughter (with cooperating parents) trying to get money from the parents' homeowner's insurance.
Parents aren't cooperating too much if they are claiming daughter can't prove her case.
I think that we need to separate out the emotional from the practical. Assuming that the case is not a set-up, the daughter has a perfect right to sue the parents. The woman allegedly was injured, due to a slip and fall on an icy driveway owned by her parents.
If the driveway were owned by someone other than her parents, there would be no question that a lawsuit was apppropriate. The fact that the people being sued are her parents should have no bearing on the case.
The parents probably have homeowner's insurance. People pay for homeowner's insurance to allow for situations like the one described in the thread. Unless there is something nefarious going on, which I trust would be sorted out by a judge, I see no problem.
If the parents don't have sufficient insurance, I think that would be an entirely different matter.
It's probably an insurance scam. The daughter will kick the parents back some loot. If not, she's a total douche.
Slappy- Even if the daughter gives the parents some of the money, I would not call it a "scam", unless the entire thing was trumped up. Years ago I was in a car with a friend. We got into an accident, and I was hurt (not too badly). My friend's car had some damage. It was one of those situations where there was a sudden downpour, and the car skidded out of control. It certainly was not because of any negligence on his part. As I vaguely remember, I felt awful, because my friend had been planning to trade in the car the following week, before the accident.
I sued, and got some money from the insurance company. I shared some of the settlement with my friend, that he could use to cover some of his expenses in fixing the damage to his car. I did not consider that I was "scamming" the insurance company.
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