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THEODORIC OF YORK-MEDIEVAL JUDGE

Last week, as I was channel-surfing I came upon a program on what appeared to be the Michigan Government Cable TV Channel. I groaned, as I seemed to have lighted on a Michigan Court of Appeals hearing on a premises liability case. I tried to switch, but as often happens the remote would not respond no matter how much pressure I put on the “channel up/down” buttons.

After fifteen minutes I realized that I was not watching one of the reviewing Courts of my home state doing its daily bit to eliminate the civil jury system. I was, in fact, watching a Comedy Central rerun of a Saturday Night Live episode from 1978, featuring Steve Martin in a skit called: Theodoric of York-Medieval Judge. The resemblance between a three decade old comedy bit poking fun at justice in the Middle Ages and current state of affairs in Michigan was, well, frightening.

BORK-PERIL JUSTICE

On June 6, 2007, Robert H. Bork caused to be filed a lawsuit in the Federal Court for the Southern District of New York, wherein he is the named Plaintiff, and the Yale Club of New York City is the named Defendant.

Mr. Bork’s cause of action arises out of an incident which occurred on June 6, 2006, on which date Mr. Bork was visiting the Yale Club, a private club, in New York City, to deliver a speech at a luncheon sponsored by the New Criterion Magazine. It is perhaps interesting to note that Mr. Bork, though not a Yale alum, was a professor at the Yale School of Law during the Sixties and Seventies. He is currently a Professor of Law at the Ave Maria Law School located in Ann Arbor, Michigan. It does not appear that he was on medical leave during the 2006-2007 academic year.

Mr. Bork’s complaint was not verified, but was signed by his attorneys on his behalf. Your correspondent is unfamiliar with New York legal procedure. It is unknown whether there is a one year statute of limitations on tort actions in New York, and the suit was started on the last possible day it could successfully been brought, or if the filing on the one year anniversary of Mr. Bork’s injury was merely coincidental.

While attempting to ascend the dais on the date in question, Mr. Bork lost his balance, and fell backwards, hitting his left leg on the subject dais and hitting his head on an inconveniently placed heat register. While other, lesser, non-originalist, non-textualist men may have been deterred from a further assault on the lofty height, Mr. Bork, being a trouper, was made of sterner stuff. Though he may have been bloodied, he was unbowed. He raised himself up from the shambles of his fallen self, ascended that self-same dais, and delivered his oration like a good ‘un. It is unknown whether the head injury affected the form or content of the speech. I suspect that, after his talk, and after thunderous applause, Mr. Bork descended the dais, unaided, shook the hands of many well-wishers, and left the premises. One assumes, but admittedly does not know, that Mr. Bork, as a Virginia resident, employed in Michigan, was paid some small stipend for his comments.

The members of the Yale Club may well have been distressed, if not confused to read the subsequent complaint served on the organization by Mr. Bork’s attorneys. The complaint alleges that the Yale club failed to provide a safe dais or stairs or a handrail between the dais and the floor. Also, the dais was at an unreasonable height from the floor.

MICHIGAN COURTS DO THEIR BIT FOR THE ECONOMY

While the Governor, the Legislature, and corporations wrangle with the problems of state’s economy, Michigan Courts have been doing an excellent job in making the state an attractive place to do business for at least one industry.

The June 8, 2007 Detroit News reported the release of a study which demonstrates that Michigan auto insurance companies have been earning profits Starbucks might envy and have been building up huge reserves, which will help them pay claims the should Michigan be hit by a Katrina-like hurricane. I am not making this up.

On Thursday, June 8, Jay Angoff, who served as Missouri’s insurance commissioner from 1993-1998, presented his findings to the Michigan House Insurance Committee. The study reviewed financial records from AAA, Allstate and State Farm, which provide auto insurance to about half of Michigan’s insured drivers. For those who may not recall, the purchase of no-fault insurance is mandatory under state law. There are criminal penalties for failure to have auto insurance, and virtually all civil remedies are foreclosed to uninsured drivers involved in accidents, even when totally without fault.

Angoff’s study reported that AAA’s profit more than doubled to $104.2 million last year from $50.9 million in 2002. During the same period, AAA’s surplus, which is money set aside to pay future claims—rose to $1.53 billion from $915 billion.

Angoff, the former insurance commissioner stated that all three companies are making excessive profits.

Growing up in a capitalist society I generally feel good about companies doing well. As a patriotic Michigander, I like to see successful businesses. I am all for free enterprise. However, I do have a slight problem when I am legally required to participate in a system that seems to have, as its principle object, the protection of insurance company profits. I don’t like giving up my rights as a citizen to protect AAA from the risk of having to pay out any of its $1.53 billion in reserves, or reduce its $104.2 million profit. Because, after all, how do those profits happen? When premiums paid exceed claims paid.

ANNALS OF MICHIGAN JUSTICE-ONLY A NEWSBOY

Only a Newsboy,
One of a countless throng,
Only a waif on the tide of life,
That restless flows along.
Only a newsboy.

Lyrics from the song: Only a Newsboy, 1898.
Words by Arthur J. Lamb, Music by John S. May

(Though actual names are not disclosed, the facts contained in this piece are taken from a case file in our office, and have not been altered in any way. The case is an active one in the office; well it was until last motion day.)

Lewis Cramden was 61 years old in late December of 2005, when he suffered his injury. Classified as a “slow learner” as a child, he did not finish high school. On the date of his accident, he lived with his wife and 39 year-old daughter, in a house where they had resided for 33 years. The daughter had been born with a mental impairment, and it was up to Lewis and his wife to care for her, as well as to provide a home for themselves.

Lewis, with limited job skills, made his living home-delivering newspapers. Lewis had done this work for 7 years, but was not classified as an employee of the companies whose papers he delivered. Considered an “independent contractor”, he was not covered under the Michigan Worker’s Compensation Act, should he be injured in the course of his employment. Mrs. Cramden worked two jobs in December of 05. She worked both at Farmer Jack and in addition worked part-time at the drive-through window at a local McDonalds.

While papers were usually left on the driveway of the house, customers could direct another means of delivery. The Brauns were one of Lewis Cramden’s customers in late December of 2005. They wanted their paper placed behind the storm door on their front porch. Lewis Cramden always delivered the paper as they directed.

A few days before Christmas, 2005, Lewis Cramden, 61 year old newsboy, came to the Braun’s house to deliver to the Brauns their newspaper, in the manner they had directed. He was wearing heavy boots that day, the kind you wear when you shovel snow. While delivering the paper, Lewis Cramden slipped and fell on ice, and fractured his ankle. He underwent surgery between Christmas and New Years, and needed metal hardware implanted in his ankle to put it back together. In the intervening year and one-half, Mr. Cramden attempted, six months after his accident, to go back to his newsboy job. He lasted one hour. He has not been able to attempt work since. In early 2006, Lewis was to start a larger paper route, and also start delivering the Wall Street Journal. This would have meant more money for the Cramden family.

PINEHURST19475 DETROIT SCULPTURE

Pinehurst19475 Photc Sets appear on the Flickr photo site. There are some fantastic sets covering the Detroit area, including Belle Isle, Palmer Park, Residential Detroit, and Churches of Detroit.

The picture above is a detail from the Spanish-Amercan War Monument on Belle Isle. That photo is from the Statues and Sculpture set, selections from which are featured in a new album on this site. Those photos appear with the permission of the photographer, and all rights are reserved.

A great collection of some of the classic heritage of the Detroit area.