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Originally Posted by APhi2KD
It’s absurd. “They didn’t consider safer alternatives like ice cream or whipped cream?”
Horrible tragedy, but...
One thing that does bug me is they said when first responders arrived her mouth was full to the teeth of pancakes that they had to scoop out. NO ONE thought to do that?
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On the other hand, that would show that the girl was shoving food in her face so furiously that she began to force it down her own windpipe. I wonder if even a tracheotomy would have done any good?
Hmm.. this is one that can go to a jury, I think. The school can argue that the girl assumed the risk of choking by participating in an eating contest. State law is probably going to impose some sort of duty to the school, or maybe the school had a duty to at least have someone on hand who knew basic first aid? All kinds of questions, not nearly enough information.
Tom, I'm not upset with her parents at all for filing a lawsuit. Lawsuits are the only way private citizens can affect the behavior of institutions. If big bucks are paid on this thing, maybe schools in general will take a minute to consider safer alternatives, maybe their insurers are going to require that and maybe schools will train their personnel on hand to respond to these kinds of things in case of an emergency.
Having actually submitted a few trials to a juries, even though these things come down to money, it's not usually about the money [though we hope to be compensated for our services]. It's about justice.
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