Tuesday, August 19, 2008

A "Disgusting" Lawsuit

PHILADELPHIA - (AP) Responding to a furor over their wrongful-death suit, lawyers for the estate of a disabled girl who died of starvation said Monday they did not sue Philadelphia officials in an effort to enrich the parents.

Hmmm. Whom were they trying to enrich, then, themselves?

No, says the attorney for the attorneys. They were trying to enrich Danieal Kelly's 11 brothers and sisters or at least cut them in for a third of the take.

But the money would have gone to the parents, being the executors of Danieal's estate, even though they are both charged with neglect. Typically, a third to 40 percent of such an award would go to the attorneys who brought it.

According to the story "a retired city judge is now expected to become the estate trustee and pursue the claims against the city, the state welfare department and others..." while the city pursues charges against the parents and others.

Question: How did the lawyers Brian Mildenberg and Eric Zajac (a Radnor school board member) get involved in the case to begin with? Did Danieal's parents come to them? Or was this a classic case of ambulance (hearse) chasing.

The two lawyers are threatening a defamation suit against Philly's new mayor Mike Nutter for calling their lawsuit "disgusting" and other things.

The truth is an absolute defense in such cases. It doesn't sound like Nutter has much to worry about.

UPDATE: Zajac tells our Patti Mengers that the "case was brought to him by a social worker" who was "genuinely concerned by the plight of the kids." He added "Anyone suggesting there is ambulance chasing or hearse-chasing is being grossly reckless."

According to story:

Zajac became involved in the case last September when he was retained by Danieals's oldest brother, Troy Washington, age 19, who reportedly was traumatized by his sister's death and seeing her emaciated body."

Yes, well. That raises more questions.

If the young Mr. Washington was so "traumatized" at seeing the condition his sister was in, why didn't he scoop her up and rush her to the nearest hospital? Or, at least, dial 911?

Instead, he watched her die. Now, with the aid of Mr. Zajac, he seeks to benefit financially from his sister's death and his alleged trauma at seeing it occur.

Said Zajac:

"No civil suit can bring Danieal back, but it just might leave a legacy and make a very possible difference for her brothers and sisters some day if the estate is recovered on behalf of Danieal."

Legacy meaning MONEY. Possibly millions, a third or more of which would go to plaintiff attorneys, like well, Eric Zajac. In the end, it would be the taxpayers of the city who would pay the bill. Some legacy.


Anonymous r said...

Talk about abusive... Only in Lib America can parents (with 11 other kids they’ve had irresponsibly and dumped on the system) sue a city for failing to protect their kid from the parents murdering.
See how all these ridiculous Lib social agencies have become entitlements for scumbags.
And even with the parents removed from the lawsuit, why in the world should the dead kid’s bastard siblings become enriched for her death?
These trash people have been sucking the system for so long… they should have to pay that back and receive nothing. F em.

August 19, 2008 at 11:28 AM 
Anonymous r said...

...and then deport the lying illegal dad.

August 19, 2008 at 11:29 AM 
Blogger Pro Christ Pro Gun said...

Little known UNREPORTED fact:

The lawyer for the lawyers, George Bocchetto, Esq., is the lead plaintiff lawyer who represents 2 City Council members, Donna Reed Miller and Darrell Clarke, in their suit to have the Commonwealth Court order the PA General Assembly to repeal statewide preemption on local gun control ordinances. (Think separation of powers.

Bocchetto is the king of frivilous lawsuits.

August 19, 2008 at 4:02 PM 
Anonymous r said...

So that underhanded Lib lawyer extortionist has been playing this game for awhile.

Loser Pays would bring this crap to a screeching halt.

August 20, 2008 at 12:54 AM 
Anonymous r said...

It was funny seeing this Lying Lib lawyer wiggle and spin as he tried to explain and justify this abusive extortionist lawsuit in the newspaper the other day. This is not the intended use of our legal system and must be stopped. Loser pays would stop this sort of scumbaggery fi$hing trip. If unsuccessful, the plaintiffs and the lawyers should be held accountable to pay THE VERY SAME AMOUNT they are trying to extort.
The City should be off the hook anyway. The parents killed their own kid and the individual agents that let it happen have been charged individually. Why then should the taxpayer have to get extorted too?

August 21, 2008 at 1:27 PM 

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