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Guys/Gals, need some serious advice for a clanmate

Historical capture recovered from the Wayback Machine · captured 2007-11-09 · 2 of 3 pages survived · 41 posts
This thread had 3 pages; 1 page was never captured by the Wayback Machine — some replies are missing.
A clanmate of mine and I were recently talking, getting to know each other on a more personal level, and he mentioned he was working on a website. I asked him what his URL was, and he gave it to me. The following story is what happened to him recently, taken directly from his site (TC/Admins, if this is against policy, let me know, but keep reading).

Linky

"On February 24, 2007, I was taking my 4 year old special needs child to OMSI (Oregon Museum of Science and Industry). It was around 2:50pm and we got to the TriMet bus which was on layover (Line 12). I smelled something coming from my son and considered the possibility that he may have a dirty diaper (thankfully, he's out of them now).
So I asked the bus driver if she would be willing to let me on the bus so I can change his diaper and then toss it away outside the bus so it wasn't on the bus the whole trip up to Portland (about an hour).

She said that it was against TriMet policy to change a diaper on the bus and to use the bathrooms across the street. She was getting ready to leave and I wouldn't have been able to go to the restrooms and be sure to catch the bus (It was the last bus that would've gotten us there while it was still open).

So I mentioned to her that I could change the diaper now (there was no place to change him outside as the area had no bench and had pretty sharp rocks along the side of the road), or I could change it while on the bus.

She got very upset at this and started screaming at me. I took it in stride and figured either I could wait an hour or I could miss the bus and have a screaming child who was promised OMSI and now isn't going. So I picked the hour.

After about 5 mins., the bus pulled forward and the driver announced that I wasn't allowed to board the bus. She told everyone to go around the corner where there is no stop and she will pick them up there.

So as the crowd started moving towards that area, I followed along. Now, I'm overweight and I was holding my sons hand (who had started already crying because the bus was leaving for OMSI and we weren't on it). The bus came to a stop in the middle of the street and there were cars on the right hand side. Everyone had about a 3 foot gap to come up to the bus.

I was the last one to get there and as I got to the door, she closed it and started driving away. I started banging on the window to try and get her to stop and she didn't. I was in plain view when I tripped and a second later, my son saw me get run over by a bus and the meat on my left leg get ripped off.

I had 7 surgeries and a month in the hospital (racking up around $100,000 in medical costs). The lawyer that I got said that they are dropping the case because I can be considered to be at least 50% responsible (She didn't want me on the bus and I attempted to get on, so she gets to run over me). TriMet is (of course) denying any wrongdoing (in fact, according to the police report, they told police that the bus didn't run over my leg even though the doctors in ER saw the tire prints on the muscle I had left).

So now.. I essentially have to eat the costs of the medical (and have a deformed leg for the rest of my life) because I wanted to ride the bus and take my kid to OMSI.

I have a video of the accident and you can see that I remain calm during the whole process. The bus driver said that she was scared for her life, but shouldn't she have called the police if she was?
"


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There is video survellience of the whole ordeal on his site for download. Now, his son is autistic, and as most of you know, mine is as well, so I can understand why he chose to go. My question is, what can be done about this? It seems to me that the driver of the bus is 100% in the wrong, and the company should be liable for damages. However, according to my clanmate, in Oregon, if you can be found 50% in fault, then you can't sue. But to me it seems that he was nowhere near 50% at fault for this.

What can we do?

I've seen stories like this tamer on the morning news, and I'm wondering if it'll take national attention to get the company to see it's mistakes. He's already tried speaking to another lawyer, but they won't take the case either in case he's found 50% at fault.

Any suggestions? Comments?

I don't think I have to worry about flames, but keep in mind this is a sensitive subject, about a clanmate of mine. So take that into consideration.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
the law firm of Dewey, Screwem and Howe should be interested in talking to this person



"When a true genius appears in this world you may know him by this sign, that the dunces are all in confederacy against him."
-- Jonathan Swift


Did he try for a second opinion from another lawyer?

I think trying to bring it to national attention would definately get people to push the company a bit in compensating what happened to the guy. Start a donation in his area to help for his medical costs?
http://research.lawyers.com/Oregon/Personal-Injury-in-Oregon.html

Seems to be mostly true.

If you were 50% or less at fault, you may recover, though your recovery will be reduced by your decree of fault.


Problem will be finding a lawyer who wants to take on the risk of taking the case, spending thousands on the case, with the strong possibility of getting 0.

This would probably come down to an arbitration hearing. And everything would come down to what their decision was.

If your friend is having problems finding a lawyer to take the case (and the 2 years hasn't ran out yet), then I can recommend a good lawyer. Post your email addy and I will call him, and then send you his contact info. Not saying he will take the case, but I know he will at least listen, and provide some bottom line answers. He's in Portland too.
That is a terrible story!

I don't know anything about Oregon law. It seems you would have to prove that she intentionally ran them over. I guess you could say she knew they were outside of the bus because he was banging on the door. It seems she would be responsible because she drove the bus off with people standing close to it. It also seems unlikely that she can claim she feared for her life since the man didn't have a knife or gun, but was with a child. Not many criminals running around with their kids while they commit crimes.

That all being said, this guy is partly to blame for the accident. He was told not to come onto the bus and tried anyway. He put himself in danger.

It really seems like she should have never driven the bus off with someone standing next to it. I can't believe they would put 50% of the blame on someone who was known to be next to the bus. She could have just waited until he moved. If he pulled out a gun or knife, yeah I'd start rolling him over too. That is not the case!
Originally posted by: Killet
the law firm of Dewey, Screwem and Howe should be interested in talking to this person


It was Dewey, Cheatum, and Howe....



Fluffy, tragic story but I would have to say trying to board a moving bus while carrying a child is at least partly his fault...
Thanks Molim, I asked him to pop in here and give you his contact info.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Hi. I'm the clan member in question.

While I thank you for bringing up the idea of a donation for medical costs, I'd like to say that I wouldn't accept it.

When TriMet said they weren't responsible for this, it became personal. The money I'm asking for from TriMet is to pay for my medical bills and it would go against my grain to accept money from other people for something they didn't have any part in.

While I appricate the thought, the best way you can help is to..
1) Refer me to a lawyer that would be willing to take the case.
2) Spread the story as much as you can (and email me links to it at comments@ihatetrimet.com so I can add them to the media link).
3) Show me that you guys care about someone you never met. Wait.. You already are.

Thanks again.
Originally posted by: DieselFuel!
Originally posted by: Killet
the law firm of Dewey, Screwem and Howe should be interested in talking to this person


It was Dewey, Cheatum, and Howe....



Fluffy, tragic story but I would have to say trying to board a moving bus while carrying a child is at least partly his fault...


While I agree to a certain degree, I can't see that they shouldn't at least pay his medical bills. I don't know much about public transportation, but, moving a large bus in the middle of the street, away from the stop, and getting people to board it, then slamming the door on a guys face and driving off is NOT the proper way to keep somebody off the bus.
Post edited by -=TIO=- Fluffytuff at 11/8/2007 2:29:03 PM



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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
thats why women should not be in charge of peoples safety.

obama for prez
He is a pedestrian and that is all there is to it. IF he had jumped on a car that is a different matter but this is a bus. If the driver has that much of a problem with this man getting on the bus then she needs to stop and call the police not endanger his life and the life of his child.

Oregon = Guitar Hero heaven.
If you watch the video, you'll be amazed. It's a small miracle she didn't run his child over. She sees him approach, slams the door and steps on the gas, then BOOM run over.

Fucking bitch. I hate her already, and I didn't get run over.
Post edited by -=TIO=- Fluffytuff at 11/8/2007 2:34:26 PM



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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Call up your local news station and provide them with links to the full story and the video, as well as the mans contact information for an interview. Thats assuming he is welcoming any attention.
In all seriousness it seems pretty fucking backwards when you hear of some of the lawsuits people have gotten away with. Now this guy clearly got screwed in the situation by some bitch bus driver and he cant ask for a dime. So wrong
Originally posted by: Coba|t
Call up your local news station and provide them with links to the full story and the video, as well as the mans contact information for an interview. Thats assuming he is welcoming any attention.


Good idea.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Oh.. I want attention on this. It's the only way TriMet would be willing to pay on this.

I've contacted other news outlets on this. I've also was scheduled to go on the Lars Larson show, but they called up and canceled at the last minute.
Originally posted by: MolimOrion

If your friend is having problems finding a lawyer to take the case (and the 2 years hasn't ran out yet), then I can recommend a good lawyer. Post your email addy and I will call him, and then send you his contact info. Not saying he will take the case, but I know he will at least listen, and provide some bottom line answers. He's in Portland too.


Send the info to me: fluffytuff@ignoblegaming.com

Let me know if he's willing to take the case, or if he has any advice on what to do if he won't/can't. Thanks again Molim.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Originally posted by: Leonard Church
Oh.. I want attention on this. It's the only way TriMet would be willing to pay on this.

I've contacted other news outlets on this. I've also was scheduled to go on the Lars Larson show, but they called up and canceled at the last minute.


Need to keep fanning the coals to create the fire. Hopefully that'll happen though.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Originally posted by: Leonard Church
Oh.. I want attention on this. It's the only way TriMet would be willing to pay on this.

I've contacted other news outlets on this. I've also was scheduled to go on the Lars Larson show, but they called up and canceled at the last minute.

Try and try again man, even if you need to get on Inside Edition to get the story heard, do whatever you can to put it out there in the media.
What happened to the bus driver?
Originally posted by: Leonard Church
Hi. I'm the clan member in question.

While I thank you for bringing up the idea of a donation for medical costs, I'd like to say that I wouldn't accept it.

When TriMet said they weren't responsible for this, it became personal. The money I'm asking for from TriMet is to pay for my medical bills and it would go against my grain to accept money from other people for something they didn't have any part in.

While I appricate the thought, the best way you can help is to..
1) Refer me to a lawyer that would be willing to take the case.
2) Spread the story as much as you can (and email me links to it at comments@ihatetrimet.com so I can add them to the media link).
3) Show me that you guys care about someone you never met. Wait.. You already are.

Thanks again.


Let me offer some advice from my POV. First contact the major universities in your area to see if any law students would take it on at no costs. Many schools do this. Winning the case is about evidence. Make sure you talk with the attorney or law school about what you have and make it clear. Many times an attorney will listen to you for a free consult at first so use the opportunity to talk with as many as you can.

I think you should also contact all of your local news stations to get the tape to them. You should also contact any autistic associations to see if they can help you out.
Post edited by ~~Snake~~ at 11/8/2007 2:55:08 PM
Originally posted by: -Swo0p
What happened to the bus driver?


She was transfered to another line.

I was told that she was fired, but I recently saw her on a different line on TriMet. No charges were filled against her (though I got a criminal michief for breaking the window and "Interfering with Public Transportation").I go to court about those December.

But yeah. She's still working for TriMet and no charge was brought against her. After all, the Supervisor who came to the scene told the police the bus didn't run over me and the police put that in the report. I mean, my god.. He's a supervisor afterall.
Originally posted by: Leonard Church
Oh.. I want attention on this. It's the only way TriMet would be willing to pay on this.

I've contacted other news outlets on this. I've also was scheduled to go on the Lars Larson show, but they called up and canceled at the last minute.


I think I saw a report on this on consumerist.com.
You broke a window? That might be why her 'fearing for her life' story might be credible.. as bs as it might be

Sounds tough man. Especially the police report sounds pretty bizarre.. How could THAT have gone wrong.. I mean you dont make a police report without addressing all parties involved right?
Originally posted by: reimero
Originally posted by: Leonard Church
Oh.. I want attention on this. It's the only way TriMet would be willing to pay on this.

I've contacted other news outlets on this. I've also was scheduled to go on the Lars Larson show, but they called up and canceled at the last minute.


I think I saw a report on this on consumerist.com.


You are correct


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Originally posted by: -Swo0p
You broke a window? That might be why her 'fearing for her life' story might be credible.. as bs as it might be

Sounds tough man. Especially the police report sounds pretty bizarre.. How could THAT have gone wrong.. I mean you dont make a police report without addressing all parties involved right?


If you watch the video, you'll see the window break as he was knocking on the door, and the bus speeds us, thus he hits the window next to the door breaking it. She had already slammed the door in his face, driving off, when the window was broken. Any lawyer worth a shit can debunk the breaking the window as a sign of fearfulness.
Post edited by -=TIO=- Fluffytuff at 11/8/2007 3:27:12 PM



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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
Church, if you need me to, I'll create 10 or so DVDs of the video and send them back to you so you can easily distribute a media package to the local stations. I'd type out a formally written account on what happened, drop in the DVD of the footage, and slide it all in a Mannilla envelope, and drop it off.


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
bump
Leonard...you're story is horrible. I really have sympathy for people when they get screwed over like this. If there's anything you need help with like getting the word out I'd be more than willing to help. We see news anchors in outrage over less than this everyday on tv, you just need be heard.
As a clan mate of you also Church, though I don't have a computer that is able to play games with you all (laugh it up Bill ) or really know you at all as well for that matter! I will support this and spread the news.
Have you thought about getting the ACLU into the matter. She obviously did not want you on the bus for personal reasons. I dont typically care for the ACLU but seeing how you are running into dead ends they may be an option to at least be heard.
I want to see this video.

doh found the linky>
Post edited by Buzzed at 11/8/2007 9:07:38 PM
Go to the website where he said the video was... read?
Definitely do everything possible to get the word out on this. Contact someone like Nancy Grace even, seriously.

Best of luck to you man. People getting screwed like this makes me sick. There are so many frivilous lawsuits out there and it's always the good guy getting the shaft.

Dont ever let up until you get resolution.
Wow. This is f'd up. I hope you get a 7-figure settlement from this.

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I guess I am the only one here that thinks your clanmate was at least 50 percent responsible for this accident.

If he was told he can't get on the bus but still tries to get on the bus, how is he not somehow at least 50 percent responsible?

It just does not make sense. I watched the video but I am going by what is written which is where he incriminates himself. he was told no but because he did not want to see his son throw a fit, he pushed the issue. All he had to do was wait and go another day. granted, he may have had to deal with his child throwing a giant temper tantrum but I think if he had a choice at the time between an autistic child tirade versus, getting the meat of your leg torn off and thousands of dollars in medical bill, he would have chosen just to wait. Im trying to be polite about this and everyone on here is so sympathetic which I am surprised considering after I read what happened, i can CLEARLY SEE that he is partially responsible. He did not have to run after the Bus after he was told no several times, even yelled at by his own account. Was the lady bus driver an idiot? Probably. Could she of handled the situation better? ABSOLUTELY. But your friends actions and the fact that he would not take no for an answer led to this accident, at least partially IMO.

Sorry, but thats just how I see it.


Post edited by [-NM-] SPACEHERPES at 11/9/2007 9:51:40 AM
So by your logic, if I don't want a hitchhiker to get into my car at a stop sign, I run him over?


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"You are not a hero to the world unless you are first and foremost a hero to your children." -Rabbi Shmuley Boteach
She said that it was against TriMet policy to change a diaper on the bus and to use the bathrooms across the street. She was getting ready to leave and I wouldn't have been able to go to the restrooms and be sure to catch the bus (It was the last bus that would've gotten us there while it was still open).


Ok, he was already told no here.

So I mentioned to her that I could change the diaper now (there was no place to change him outside as the area had no bench and had pretty sharp rocks along the side of the road), or I could change it while on the bus.

Already told no at least once, he asks again.

She got very upset at this and started screaming at me. I took it in stride and figured either I could wait an hour or I could miss the bus and have a screaming child who was promised OMSI and now isn't going. So I picked the hour.


So she yelled at him but how many long did he push the issue? most people don't start yelling till after they have been asked one too many times. Now it i possible that this lady flipped out quickly but at this point, it is obvious that this bus driver was pissed so why even push the issue? Just get a badge number, call and complain.

After about 5 mins., the bus pulled forward and the driver announced that I wasn't allowed to board the bus. She told everyone to go around the corner where there is no stop and she will pick them up there.


He must have still be bothering her or standing close to the bus waiting, otherwise why would she do all this? It makes no sense to me.


So as the crowd started moving to wards that area, I followed along. Now, I'm overweight and I was holding my sons hand (who had started already crying because the bus was leaving for OMSI and we weren't on it). The bus came to a stop in the middle of the street and there were cars on the right hand side. Everyone had about a 3 foot gap to come up to the bus.


So even after all of this from this lady. The yelling, the proclamation that he was not allowed on the bus, even after the bus moved away to pick these people up at a different location, this guy STILL INSISTS ON GETTING ON THE BUS Does anyone else get what I am saying?

I was the last one to get there and as I got to the door, she closed it and started driving away. I started banging on the window to try and get her to stop and she didn't. I was in plain view when I tripped and a second later, my son saw me get run over by a bus and the meat on my left leg get ripped off.


I am sorry that this happened to you but just read your own story. You CLEARLY pushed this issue and I would suggest you take this sight down because if you end up in court and this is taken as evidence, you may be incriminating yourself. At least that is how I see it. I believe you are at least 50 percent at fault, maybe more and I hope people don't give me a hard time for having this opinion. Once again, i am sorry for what happened but this could have surly been avoided by you if you would have not tried to get on the bus, EVEN AFTER you were told you can't

GOOD LUCK MAN!!!







Originally posted by: -=TIO=- Fluffytuff
So by your logic, if I don't want a hitchhiker to get into my car at a stop sign, I run him over?


I was the last one to get there and as I got to the door, she closed it and started driving away. I started banging on the window to try and get her to stop and she didn't. I was in plain view when I tripped and a second later, my son saw me get run over by a bus and the meat on my left leg get ripped off.


Does a hitchhiker bang on your window after you say no as you are driving away? I am just going by what he wrote Fluffy, thats all.

Not to mention, he put his own son in danger because he did not want to listen to a childs tirade, albeit an autistic childs tirade.



Sorry guys, it's just my opinion, I think he is at least 50 percent responsible for this.


Post edited by [-NM-] SPACEHERPES at 11/9/2007 10:07:49 AM