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LuckyGuy's avatar

Jelly Jury #3 -What should be done with this state senator?

Asked by LuckyGuy (35873points) January 24th, 2011

In January 2008, a Perinton NY couple decided not to prosecute state Sen. James Alesi after Alesi entered their under-construction house, tried to scale a ladder from the basement to the first floor, fell and broke his leg. The Sheriff’s Office in January 2008 gave the homeowners the option to prosecute Alesi but “the homeowners said ‘Let’s not add insult to injury here and press charges,’.”
One day after the 3 year statute of limitations for trespassing expired, Sen James Alesi (Rep.) sued the home owners and the home builders claiming they did not take steps to ensure the safety of the unfinished house.
Here is a link to the full story
So, Jelly jurors, I leave it up to you. Do you think Alesi is taking the builders and new homeowners to court because he wants to help society, eliminate dangers, and improve the lot of his constituents? Or is his motive something else? What should be done with people like this?

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21 Answers

Adirondackwannabe's avatar

How many stories was the house?

bunnygrl's avatar

The “honourable” (they use this word to describe our MP’s here in the UK and it is just as ill fitting….. see the expenses scandal for how “honourable” some of them truly are) Sen. Alesi needs a good slap to knock some common decency into him. What a piece of work.

AmWiser's avatar

His motive is probably to own a piece of the American dream without paying for it. What Alesi is doing is insurance fraud, plain and simple. Unfortunately people get away with it every day.

I have a hard time believing he did not know it was private property and that he was tresspassing. Of course that would have to be proven. I would hope that Mr. Alesi’s constituancy e-mail, write letters, and call his office letting him know they are not happy with his actions.

LuckyGuy's avatar

I figure if he cannot take responsibility for his own actions he does not deserve to be in any position of authority, ever!
@AmWiser He knew he was trespassing. Would you walk into a house under construction without permission? Of course not. If he did not know, then clearly his judgment is faulty and once again, he should not be in a position of authority.

@bunnygrl I think constituents are lining up to deliver said slaps. (Did he not foresee this?)

@Adirondackwannabe Not enough!

Adirondackwannabe's avatar

Just asking how high it was to determine the number of times to throw his ass off the roof.

bunnygrl's avatar

@Adirondackwannabe LOL LOL :-)

@worriedguy good to know, sheesh, you’d imagine having such a public job would put these folk off trying to pull these dodges, but maybe after a while they get the feeling that laws (of decency and everything else) don’t apply to them, that they are above the law? I agree with you that he clearly does not deserve to hold the position he does.

Cruiser's avatar

Another prime example of our need for serious Tort Reform.

Dutchess_III's avatar

Well, for one thing I’d vote him out of the Senate. He’s a perfect example of the lowest type of dreg in this society. He’s also an idiot. How in he world can construction be made as safe as, say, tying your shoe? It is simply dangerous due to its nature.

MissA's avatar

If there comes a trial, his entire family ought to be there, assimilating of what this man is made. A child could see through this. What a wart on the back of society. Hard to believe he has had a hand in making the laws by which we live.

LuckyGuy's avatar

This timing of the lawsuit is particularly telling. he waited until one day after the statute of limitations. Coincidence? I think not. Bastard.

@MissA Our fear is that the insurance company will just settle out of court rather than waste the time. That means this lowlife will get away with it.

Dutchess_III's avatar

I hope we get to here The Rest Of The Story someday. If I were among that guy’s constituents I’d be soooo pissed. The jerk is going around looking for excuses to SUE his OWN people. That’s as bad as suing family.

MissA's avatar

I sincerely hope that so much is made of this, that the guy can’t hold his head up. It’s obvious that it was well thought out on his part. As if we are not in bad enough shape, this guy is a self-proclaimed cancer and proud of it.

Russell_D_SpacePoet's avatar

Too bad it wasn’t his neck he broke. One less politician would have been a step in the right direction. What a piece of trash.

iamthemob's avatar

At common law, trespass does not require specific intent need not be to commit a trespass, but merely to go to a specific geographic place – if a person walking in a public park errantly leaves the park and enters private property, they are liable for trespass, even though they did not know that they had entered private land. However, a person who ends up on land where they did not intend to go is not liable for trespass. For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land.

The owners didn’t lose anything by not prosecuting for trespass, as there really isn’t damage to them.

Because he did not need to know he was trespassing, he was a trespasser. The subjective knowledge of the trespasser isn’t necessary. Even if it might be expected that people might mistakenly intrude on their land, a landowner will owe only a duty of ordinary care when s/he knows that trespassers constantly intrude upon a limited area of the property where the owner either carries on a dangerous activity or has maintained an artificial condition that s/he has reason to know is dangerous and that the danger will not be discovered or appreciated by the intruders. If a ladder in this instance is clearly dangerous, than no duty has been violated. If it is not clearly dangerous, there is still no duty.

As to the construction business, their duty is unlikely to be higher than the owners regarding trespassers.

Case dismissed.

@Cruiser – Erg. Tort reform – a dangerous term. This has nothing to do with tort reform, considering that there has been no trial. Anyone can try to jam their claim into any law…this is about court access. Filing a complaint, unfortunately, can’t be limited by revising the laws, thankfully.

Cruiser's avatar

@iamthemob Nothing dangerous about tort reform. My company was just sued by an ex-employee who would not have tried to sue us had it not been for his hack lawyer. Fortunately the insurance company called their bluff and they got ½ a percent of what they came looking for. A-holes like him and the one referenced above would think twice or not even attempt these frivolous lawsuits had we have some sensible and not so dangerous tort reforms to prevent this kind of crap lawsuits from even starting or at the very least making them more accountable for the costs incurred plus penalties.

The only people benefiting from no tort reform are the lawyers.

LuckyGuy's avatar

Here’s an update. This afternoon the slime bag senator Alesi withdrew his lawsuit after receiving much criticism.
Republican Chairman Bill Reilich was “outraged,” he said in a lengthy statement earlier today. “While no doubt the Senator suffered physical trauma, I stand with the countless number of everyday citizens as well as party faithful who believe that his recent decision is unacceptable,” Reilich said.

Alesi said “Recently, I filed a personal injury lawsuit for injuries I sustained on a home construction site nearly three years ago,” Alesi, R-Perinton, said in a statement released by the Senate majority office. “I filed the suit without regard to the anxiety that it would cause the homeowners, the builders or the community where we live, and I’m sorry for that.

By the way, in filing the suit, Alesi opened the door for the Heckers and DiRisio to file a counter suit, regardless of the three-year statute of limitations for his civil action.
Wouldn’t that be a kick in the ass!

AmWiser's avatar

@worriedguy Thanks for the update. I have a feeling the Heckers are to decent to counter sue (for pain and suffering).

LuckyGuy's avatar

@AmWiser I’d chip in a few bucks to pay for their legal fees if they decided to do it.

Uberwench's avatar

He needs to have his other leg broken.

Dutchess_III's avatar

Wow…excerpt from your link up there @worriedguy“I filed the suit without regard to the anxiety that it would cause the homeowners, the builders or the community where we live, and I’m sorry for that.” WTH?? If he can’t figure out the impact something like that might have on the community, how in the hell can they expect him to vote on BILLS that affect the entire country??

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