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[CrazyDude]

The aunt who unsuccessfully attempted to sue her 12-year-old nephew for injuring her wrist at his 2011 birthday party appeared on the Today show alongside the boy to explain why she did it.

"We love each other very much and this was simply a case formality with an insurance claim," Jennifer Connell, 54, said.

Connell's story made waves earlier this week after a jury rejected her claim to $127,000 for injuries she says she sustained when her nephew Sean Tarala leapt into her arms when she arrived at his 8th birthday party in 2011.

"All of a sudden he was there in the air, I had to catch him and we tumbled onto the ground," she testified. "I remember him shouting, 'Auntie Jen I love you,' and there he was flying at me."

Connell was roundly criticized for attempting to sue the boy, but she has since said that she was given "no choice" but to sue.

"From the start, this was a case was about one thing: getting medical bills paid by homeowners' insurance. Our client was never looking for money from her nephew or his family. It was about the insurance industry and being forced to sue to get medical bills paid," a statement from Connell's law firm Jainchill and Beckert read in part.


Sean, who sat next to his aunt during their Today show appearance, said that he understands why Connell did what she did. "She'd never do anything to hurt the family or myself," he said. "She loves us."

Connell added that she was never "comfortable" with naming her nephew in the suit. "It sounded terrible to me from the very beginning," she said. "At the start of this I said I would never want to sue Sean."

But, she explained, "An individual has to be named."

"I just feel like perhaps it's the way the legal system is set up so that the insurance companies aren't necessarily in the spotlight," Connell said.

All of the attention was a total shock to Connell. "It was amazing how I walked into court that morning and walked out all over social media."

She added: "It was sort of heartbreaking and really painful, but also like walking into a film of someone else's life."

http://www.people.com/article/aunt-who-sued-nephew-wrist-injury-appears-today-show

 

[mackattk]

$127k for a broken arm...

I didn't know people needed to sue to have insurance pay for accidents like this.

 

[Chariot]

This is how insurance works in the USA? This is pretty shitty.

 

[Entropia]

I don't think it's an Insurance industry problem, it's a healthcare problem.

 

[Ray Wonder]

Haha you all were calling her names n shit.

 

[Moff]

yeah a few people brought that up in the two threads about that case. most just chose to insult her, though.
to be fair, that's kind of important information that should have been in the articles.

 

[EdwardTivrusky]

Haha you all were calling her names n shit.

I retracted my initial remarks when i heard how fucked up the US Healthcare system is. It's proper fucked. What a shitty situation to be in.

 

[CapitalismSucks DonkeyBalls]

Haha you all were calling her names n shit.

Kid doesn't own the insurance policy. Why not sue the father, the holder, if this was an insurance claim?

Why take this to court instead of settling outside, 4 fucking years ago? C'mon Ray.

 

[Corpekata]

Why wouldn't she have named one of the parents?

 

[Suikoguy]

Wait, why should homeowners pay it anyway?

 

[Jeremy]

Did y'all see the interview on The Today Show? I posted about it in the last thread but it seemed very bizarre and made me understand what people meant when they talk about how uncomfortable Nixon made them feel in the Nixon-Kennedy debates.

It all seemed very rehearsed. One of the articles initially discussing the trial commented on how the boy "looked confused" in court but I think that boy always looks confused, or at least like he shifts back in forth between zoning out and wondering "why are we here". I definitely understand trying to recover (she looked stressed out! I'm also sure no one just prepares to go from being talked into something by a lawyer, America figuring out and tearing you apart and appearing on national TV to recover in two days) so I don't think it was intended to be that way but it just came off looking bizarre.

 

[EdwardTivrusky]

Kid doesn't own the insurance policy. Why not sue the father, the holder, if this was an insurance claim?

Why take this to court instead of settling outside, 4 fucking years ago? C'mon Ray.

I heard her lawyers say that the insurance company offered to pay $1 thereby forcing her to go to court and sue. That's fucked up.

 

[Ray Wonder]

Why not sue the father, the holder, if this was an insurance claim?

Kid's fault, sue the kid.

 

[CapitalismSucks DonkeyBalls]

I heard her lawyers say that the insurance company offered to pay $1 thereby forcing her to go to court and sue. That's fucked up.

Yuck.

Kid's fault, sue the kid.

Now you're just being facetious, lol.

 

[zeemumu]

I heard her lawyers say that the insurance company offered to pay $1 thereby forcing her to go to court and sue. That's fucked up.

The Insurance Policy is Right.

 

[shadowkat]

The healthcare system in the US is so messed up.

 

[BFIB]

I like how the media played it up like she was this horrible person.

 

[genjiZERO]

Kid doesn't own the insurance policy. Why not sue the father, the holder, if this was an insurance claim?

Why take this to court instead of settling outside, 4 fucking years ago? C'mon Ray.

Yeah, her explanation has a lot of logical holes in it. This seems like a PR stunt.

 

[Corpekata]

Watched the interview. They really ought to have her lawyer get an interview and explain it more in depth, if it's the reality. I mean if her story holds water this would make for a pretty enlightening news story.

Or any lawyer for the state really.

 

[hythloday]

Wait, why should homeowners pay it anyway?

Because health insurance companies love saying another party is liable. Injury at work? Go through workers comp, not us. Injury at someone else's house? Go through their homeowners insurance. Her insurance company was not covering anything.

 

[Suikoguy]

Because health insurance companies love saying another party is liable. Injury at work? Go through workers comp, not us. Injury at someone else's house? Go through their homeowners insurance. Her insurance company was not covering anything.

Workers Comp is a bad example. Pretty much any injury at work is covered under Workers Comp.

Something just seems fishy: Read over the NOLO article on Homeowners Insurance
http://www.nolo.com/legal-encyclopedia/slip-fall-claims-homeowners-insurance.html

 

[Deleted member 20415]

Ah damn, this sucks. Now I get it.

When I was a kid, I got in a car accident and the way the insurance was, my dad actually had to sue my mom. I never heard about it until years later. They were married, but had different policies at the time because we were moving between two states.

They are STILL married, but my parents don't like to talk about that time because it was shitty and stressful.


Edit: This is also why on renter's insurance that I have a million dollars for personal injury.

 

[hythloday]

Workers Comp is a bad example. Pretty much any injury at work is covered under Workers Comp.

Something just seems fishy: Read over the NOLO article on Homeowners Insurance
http://www.nolo.com/legal-encyclopedia/slip-fall-claims-homeowners-insurance.html

Yeah. Workers compensation is kind of an obvious exception, you're right. Thats not really insurance.

One time I cut my hand and went to an urgent care center and suddenly I got calls and questionnaires from my health insurance asking where I was when I was injured, was it at work, etc. I had been at home when it happened, but if I was someplace else I probably would have had a similar hassle.

Edit: I also have personal injury coverage on my insurance for this exact scenario.

 

[Effect]

Because health insurance companies love saying another party is liable. Injury at work? Go through workers comp, not us. Injury at someone else's house? Go through their homeowners insurance. Her insurance company was not covering anything.

I think it's the same with car insurance. If you were injured in or by someone's car they want you to go through the car insurance. Actually car insurance policies have sections covering personal injury or injury of passengers or non-passengers.

 

[Suikoguy]

Yeah. Workers compensation is kind of an obvious exception, you're right. Thats not really insurance.

One time I cut my hand and went to an urgent care center and suddenly I got calls and questionnaires from my health insurance asking where I was when I was injured, was it at work, etc. I had been at home when it happened, but if I was someplace else I probably would have had a similar hassle.

Edit: I also have personal injury coverage on my insurance for this exact scenario.

Reading more about Homeowners, I suspect the scenario in the OP is possible.
They HATE paying out injury claims for any reason. Regardless, unless there was negligence, which by all accounts there was none, the health insurance should cover this. That health insurance company is shit. It should be named.

Edit2: Why the homeowners were not named in the case is confusing though. They are the policyholders of the homeowners, and would likely be at fault for negligence.

 

[Fusebox]

A few level heads in the original thread suggested this was the case. The insurance industry is making us all turn on each other!

 

[Keasar]

"I only sued you for 127.000 dollars to show how much I love you

Spoiler

r money

."

 

[BigDug13]

"I only sued you for 127.000 dollars to show how much I love you

Spoiler

r money

."

This is why you should read past topic titles.

 

[Suikoguy]

A few level heads in the original thread suggested this was the case. The insurance industry is making us all turn on each other!

Additionally, what a waste of court system resources and money. This would be a good example of where an arbitrator would work well.

It's pretty clear after just brief interviews that there was no negligence, so homeowners should not apply.

Edit: I'm so confused now I give up:
http://www.nolo.com/legal-encyclope...ver-accidents-that-occur-off-my-property.html

 

[soxinthebox]

$127000 for a broken wrist? Fucken hell.

I broke my foot a couple years ago and it cost me nothing to get an X-ray and have it plastered by a GP (Australia).

edit: I also had no health insurance at the time

 

[TheBryanJZX90]

I heard her lawyers say that the insurance company offered to pay $1 thereby forcing her to go to court and sue. That's fucked up.

I think it's telling that this story and most people expressing sympathy for her decision to sue just refer to her real target as "the insurance company." It shows a willingness to forego any actual evaluation of the claim as long as some faceless corporation is the one who would have to pay in the end.

There isn't just one big overarching "insurance company" that always pays for anyone that is hurt. There are many different insurance companies that offer coverage that triggers in many different ways. The insurance company she chose to target was for some reason her nephew's father's homeowner insurance. That's not her insurance policy. She has never paid that company any money, never signed a contract with them, has no relationship with them. The homeowner insurance company doesn't owe her any kind of duty. She's not their customer. The insurance company owes the nephew's father a duty, because he is the one that pays them money and signed a contract with them. And that contract likely says that they will pay the father and cover him for any legal liabilities he or his family incurs in specific situations.

So for her to be owed any money from this specific insurance company, she needed to prove that an 8 year old kid running and giving her a hug was somehow negligent. And that claim is still just as much bullshit as everyone thought on initial reaction. It's nice that she didn't intend to make her nephew's family pay her six figures, but her reasons for suing don't magically make her claim any less bullshit. That's why she was offered $1 and essentially told to fuck off.

So why was she in this situation? Shouldn't we feel bad? Surely some big bad company did something wrong? Well, there is a kind of insurance that is supposed to pay for your medical bills when you are hurt. It's called health insurance, and she's been required to have it for at least two years now. Maybe her health insurance didn't pay and she thought they should have. Well that is a reason to sue. But sue the health insurer, not an unrelated homeowner insurance company.

 

[Rajack]

Yeah, that sounds like the American insurance industry to me. Sucks, but you have to do what you have to do to survive and get those medical bills off of your back. That kind of lawsuit you just can't take personally these days.

 

[BigDug13]

I think it's telling that this story and most people expressing sympathy for her decision to sue just refer to her real target as "the insurance company." It shows a willingness to forego any actual evaluation of the claim as long as some faceless corporation is the one who would have to pay in the end.

There isn't just one big overarching "insurance company" that always pays for anyone that is hurt. There are many different insurance companies that offer coverage that triggers in many different ways. The insurance company she chose to target was for some reason her nephew's father's homeowner insurance. That's not her insurance policy. She has never paid that company any money, never signed a contract with them, has no relationship with them. The homeowner insurance company doesn't owe her any kind of duty. She's not their customer. The insurance company owes the nephew's father a duty, because he is the one that pays them money and signed a contract with them. And that contract likely says that they will pay the father and cover him for any legal liabilities he or his family incurs in specific situations.

So for her to be owed any money from this specific insurance company, she needed to prove that an 8 year old kid running and giving her a hug was somehow negligent. And that claim is still just as much bullshit as everyone thought on initial reaction. It's nice that she didn't intend to make her nephew's family pay her six figures, but her reasons for suing don't magically make her claim any less bullshit. That's why she was offered $1 and essentially told to fuck off.

So why was she in this situation? Shouldn't we feel bad? Surely some big bad company did something wrong? Well, there is a kind of insurance that is supposed to pay for your medical bills when you are hurt. It's called health insurance, and she's been required to have it for at least two years now. Maybe her health insurance didn't pay and she thought they should have. Well that is a reason to sue. But sue the health insurer, not an unrelated homeowner insurance company.

But I thought her personal health insurance told her she needs to go after the home owner's insurance since it occurred in someone else's property that is required to have insurance and that's what started this whole mess. Her medical insurance company's refusal to cover injuries that occurred in a place that has insurance on its own. Am I missing something?

 

[TheOnlyOneHeEverFeared]

Oh right, cos if the jury had awarded the 127 grand she wouldn't have accepted it? Get the fuck out of here with your lame excuses.

 

[Ray Wonder]

Oh right, cos if the jury had awarded the 127 grand she wouldn't have accepted it? Get the fuck out of here with your lame excuses.

Well yeah, probably, but still it's a pretty decent excuse if you ask me.

 

[TheBryanJZX90]

But I thought her personal health insurance told her she needs to go after the home owner's insurance since it occurred in someone else's property that is required to have insurance and that's what started this whole mess. Her medical insurance company's refusal to cover injuries occurred in a place that has insurance on its own. Am I missing something?

Yes. Homeowner's insurance isn't a blanket coverage that automatically pays for any injury that anyone suffers on your property. It pays for legal liabilities that the home owner incurs in certain situations. So for the homeowner insurance policy to have to pay any money, the home owner or his kid in this place would have had to do something wrong. She had to prove that her nephew was negligent.

 

[BigDug13]

Oh right, cos if the jury had awarded the 127 grand she wouldn't have accepted it? Get the fuck out of here with your lame excuses.

Medical bill was $127,000. Medical insurance refused to cover because the injury occurred in someone else's home and so the medical insurance company had an out by kicking the can down the road and telling their client to go after the homeowners insurance. Homeowners insurance says get bent so she has to sue. Result of the dismissed case is that her medical insurance company now has to cover since she was unable to recoup her medical costs from the homeowners insurance company.

That's the way I understood the story but maybe I'm wrong.

 

[genjiZERO]

Well yeah, probably, but still it's a pretty decent excuse if you ask me.

if it's true. If it was true I don't see why it wasn't stated earlier. If anything it would have helped her case so I don't see why she didn't. That's why I'm sceptical now.

 

[Lothars]

Medical bill was $127,000. Medical insurance refused to cover because the injury occurred in someone else's home and so the medical insurance company had an out by kicking the can down the road and telling their client to go after the homeowners insurance. Homeowners insurance says get bent so she has to sue. Result of the dismissed case is that her medical insurance company now has to cover since she was unable to recoup her medical costs from the homeowners insurance company.

That's the way I understood the story but maybe I'm wrong.

That's exactly what I take away from that.

 

[rbanke]

if it's true. If it was true I don't see why it wasn't stated earlier. If anything it would have helped her case so I don't see why she didn't. That's why I'm sceptical now.

Because the story didn't come from her. You can't really defend your actions when media & social media run wild with a story about you and you weren't the source.

 

[Keasar]

This is why you should read past topic titles.

I still thought the whole situation was pretty funny.

 

[Aesthet1c]

if it's true. If it was true I don't see why it wasn't stated earlier. If anything it would have helped her case so I don't see why she didn't. That's why I'm sceptical now.

Yeah, this is why I don't really buy any of it.

Her insurance refusing to cover an arm injury? The bill costing 127k?

It just makes no sense, unless like she flew to another country to visit their ER.

 

[Chariot]

Yeah, this is why I don't really buy any of it.

Her insurance refusing to cover an arm injury? The bill costing 127k?

It just makes no sense, unless like she flew to another country to visit their ER.

It's the US. It would probably been actually cheaper to fly to another country.

 

[BigDug13]

Yeah, this is why I don't really buy any of it.

Her insurance refusing to cover an arm injury? The bill costing 127k?

It just makes no sense, unless like she flew to another country to visit their ER.

If she needed orthopedic surgery and the hospital was charging "insurance is going to pay for this" prices, does that number seem that outlandish?

 

[TheRagnCajun]

I'm confused - was this supposed to be covered under a health insurance policy or a homeowners insurance policy? I've never heard of a homeowners insurance policy covering this sort of thing.

 

[BigDug13]

I'm confused - was this supposed to be covered under a health insurance policy or a homeowners insurance policy? I've never heard of a homeowners insurance policy covering this sort of thing.

Your homeowners insurance wouldn't cover a guest getting hurt on your property? Seems to make you open to liability if it didn't.

 

[Zoe]

Medical bill was $127,000. Medical insurance refused to cover because the injury occurred in someone else's home and so the medical insurance company had an out by kicking the can down the road and telling their client to go after the homeowners insurance. Homeowners insurance says get bent so she has to sue. Result of the dismissed case is that her medical insurance company now has to cover since she was unable to recoup her medical costs from the homeowners insurance company.

That's the way I understood the story but maybe I'm wrong.

I'm pretty sure she was trying to get "pain and suffering" covered as well as part of that sum. Medical should have covered the medical expenses if that's all she cared about.

 

[rbanke]

Yeah, this is why I don't really buy any of it.

Her insurance refusing to cover an arm injury? The bill costing 127k?

It just makes no sense, unless like she flew to another country to visit their ER.

"The $127k figure includes (1) medical bills (either out of pocket or amounts that will need to be paid back to the aunt's own insurer), as well as (2) pain and suffering (which she did a great job of reducing with her hors d’oeuvres comment) and, possibly, (3) lost wages"

Not just the bill but everything related to the injury. As far as I know, isn't this very typical of any lawsuit? Don't lawyers ask for everything they can so there is a better chance of collecting something? It's like casting a wide net to better the chances that one or more of those claims will be met with success. I believe that may be the case here.

 

[oti]

Haha you all were calling her names n shit.

How could we Europeans have known how amazingly and utterly broken the US insurance system is? Seriously, how does America even exist?

 

[BigDug13]

I'm pretty sure she was trying to get "pain and suffering" covered as well as part of that sum. Medical should have covered the medical expenses if that's all she cared about.

What are you basing that assumption on?