Porchia's Mom sues city for aunt's abuse - PhillyBlog

seand · #1 (**permalink**) 02-25-2005, 01:56 PM

Quote:

Posted on Fri, Feb. 25, 2005

Suit faults city, DHS for Porchia's death

Claims child-welfare agency failed to keep track of dead tot's family

By JIM SMITH

smithjm@phillynews.com

LAWYERS FOR the estate of Porchia Bennett blame the city for the 3-year-old child's death at the hands of abusive caretakers in a squalid South Philadelphia row house.

The lawyers sued the city this week in federal court for hundreds of thousands of dollars for allegedly adopting a policy that increases the risk of danger of children like Porchia, who are in need of protection from abuse.

The city has denied any responsibility for Porchia's death, court records show.

Ironically, if the estate's lawsuit is successful, some taxpayer money could go to the dead child's allegedly abusive mother, an often-homeless drug abuser who left Porchia with the child's alleged killers a year before Porchia was slain.

The mother, Tiffany Bennett, who had five children in all, is awaiting trial for endangering the welfare of Porchia and three other children.

Tiffany Bennett and the child's father, Lester Trapp, are listed as "beneficiaries" of the estate in documents filed with the Register of Wills office.

http://www.philly.com/mld/dailynews/...l/10987554.htm

No offense, Brooke and LM, but this is the type of case that makes folks hate all lawyers. Truly an example of misplaced priorities in the local legal system.

Realted opinion piece that hits many cogent points.
http://www.philly.com/mld/dailynews/...l/10987543.htm

lawmummy · #2 (**permalink**) 02-25-2005, 02:21 PM

Again, not to harp, but this kind of suit would never be brought if (1) the plaintiff wasn't willing to bring it (I imagine she contacted the lawyer in the first place) and (2) juries weren't willing to give awards for this kind of thing. Lawyers can bring all the suits they want - if juries wouldn't give awards, they'd stop.

seand · #3 (**permalink**) 02-25-2005, 02:26 PM

Fair enough, what makes Philly's juror pool so bad that some lawyers would advise clients like Tifanny Bennet that they might win a settlement?

lawmummy · #4 (**permalink**) 02-25-2005, 02:28 PM

You ever been to jury duty? Nobody shows up, for one, except folks who want to collect their $9 pay. Two, those that do show up believe that the City is loaded and that personal responsibility is old-fashioned.

Philadelphia is statistically one of the most litigious cities in the US.

seand · #5 (**permalink**) 02-25-2005, 02:33 PM

So the solution is realistic compensation for jury duty, or better enforcement of folks who getted called to do jury duty, or a combination of both?

lawmummy · #6 (**permalink**) 02-25-2005, 02:35 PM

Quote:

Originally Posted by lawmummy

You ever been to jury duty? Nobody shows up, for one, except folks who want to collect their $9 pay. Two, those that do show up believe that the City is loaded and that personal responsibility is old-fashioned.

Philadelphia is statistically one of the most litigious cities in the US.

In fact, I just read an article put out by the American Association of Neurological Surgeons that states that Plaintiffs' claims for Philly alone in 2000 topped all Plaintiffs' claims in California.

lawmummy · #7 (**permalink**) 02-25-2005, 02:37 PM

Quote:

Originally Posted by seand

So the solution is realistic compensation for jury duty, or better enforcement of folks who getted called to do jury duty, or a combination of both?

I think a combination of both. It's tough for some employees to take off for jury duty because they lose pay. $9 doesn't even equal those folks' hourly rate, so as compensation for the day, it's laughable. And I know people who sit out jury day year after year on bogus claims. They should be held for contempt.

lawmummy · #8 (**permalink**) 02-25-2005, 02:37 PM

I also think, as mentioned somewhere else on the blog, that a loser pays system like the one in Europe would reduce some of the instances of frivolous claims.

sycamore · #9 (**permalink**) 02-25-2005, 02:39 PM

Quote:

Originally Posted by lawmummy

You ever been to jury duty? Nobody shows up, for one, except folks who want to collect their $9 pay. Two, those that do show up believe that the City is loaded and that personal responsibility is old-fashioned.

That's not true in all cases, LM. I went to jury duty last April because it was my civic duty as a resident of the City and County of Philadelphia. And a couple of days of jury duty are way better than 2 days of work for me.

lawmummy · #10 (**permalink**) 02-25-2005, 02:44 PM

To follow-up on my last thread, I'd be very surprised if the decision to sue didn't go something like this...

Plaintiff was talking to a friend who mentioned that she bet she could get some money from the City. Plaintiff then started calling attorneys in the phone book until someone agreed to listen to her (that's why plaintiff's attorneys advertise so heavily in the phone book). Plaintiff's attorney listened to her story and fed her a "what do you have to lose?" line based on the fact that the City was clearly in the wrong and rather than have a nasty trial which would point fingers at what's wrong with DHS/CPS, will likely settle. Plaintiff's attorney has probably asked Plaintiff to sign a contingency fee agreement of between 25-34%. Plaintiff will not be required to put out any fees. If she loses, she walks away no better, no worse than before.

In a loser pays system, Plaintiff would be responsible for both her own attorney's fees and the City's attorney's fees if she loses. All of the sudden, that "what do you have to lose?" argument is very, very different. Perhaps plaintiffs would start evaluating the merits of the suit before they file if there were actual consequences for filing ridiculous suits.

And, I also firmly believe that plaintiff's attorneys should be sanctioned and fined for filing frivolous suits.

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