Man awarded $115K after suing mom for lost pinky finger

The mother tapped the son on his shoulder as he used a power saw, which caused him to flinch and cut off his pinky finger. He sued her. (Bergen County Record)

Comments

[Sheila]

Another rule to live by: Do not startle someone who is running a machine that can cut off things.

Another rule: When someone startles you, turn off machines which can cut off things.

[Soo]

How bad are your family relationships that you can sue your mother over an accident that could have happened to anybody? Sad.

[lester]

soo, it looks bad--but i'd guess that he sued her to get a payout from her homeowners insurance.

[IronOre]

That's going to make for an interesting Thanksgiving dinner.

[LimeGreenLizard]

I work in the metals fabricating industry, and have known many guys who lost one or more fingers, or parts thereof. They’ll tell you really fast that it severely limits your ability to grasp and control objects. Which means it limits your ability to work with your hands. I tend to agree with Lester. The money would have come from her homeowners ins. Then again, Soo has a point. After all, she had to pay her attorneys, and that had to be a big expense to her. I have to wonder about their relationship.

[Navy Chief]

I hate suits that result from what are basically accidents. Now, if there was malice aforethought or if the accident was caused by negligence, then yeah, go for it. Of course, if there was m.a., it's probably criminal anyway.

[twerp]

I don't blame him....afterall, no more stinky pinky. Ok, that was totally uncalled for. BAD TWERP!

[Tank]

Isn't that what homeowners insurance is for? There's an accident at your house, your insurance pays for it. That's why you pay the premiums.

If there was a lawsuit, it was probably because the Insurance company didn't want to pony up, so Sonny told Mom he's gotta get a lawyer.

[USMerc]

Nope...What I see happening here is that the son and the mother have decided together to bring the suit...The insurance company pays out, and the happy family splits the proceeds....I've seen it happen at least three times myself...(Not with my family, but with others whom I've known.)

[Soo]

@ Lester: it's a pinky finger. How useful are they to anyone who is not either a musician or a hand model? It's not like he lost his entire hand--for that, I would fully support a suit against the mom's insurance.

Anyhoo, my pinkies are relatively useless to me, although I don't work with my hands for income so I'm not an objective judge. I do use power and carpentry tools (I make stuff for my home like book cases and shelving), but I can't conceive of suing a family member b/c they were the catalyst of the incident in which I lopped one off.

However, now that I've read Merc's sinister take on the situation, today's helping of "faith in humanity" has gone sour.

[Some Guy In KC]

If you're using a power tool and cut your finger off when someone taps you on the shoulder, you are too easily startled and probably shouldn't be using power tools. You should always know where your hands are, and you should always be in control of your muscles to minimize movement no matter what happens.

This is the kind of person that would swerve their car off of a road and hit a tree if someone drifts a little into their lane.

[Tank]

@Soo & Merc

I don't mean to be argumentative (ok, that's a lie, I'm deliberately being argumentative, but respectfully.)

Let's just say, hypothetically, the bride and I are putting a wood ceiling up (this summer's project) and my little brother ends up playing patty-cake with the table saw because my cell phone goes off and he hates Led Zeppelin ringtones.

The following would ensue:
. stop the bleeding
. pick up any discarded body parts
. head to the ER with brother, body parts, ice and vodka (for the wounds, honest)
. mock my brother for angering the spirit of John Bonham and for crying like a little girl
. check my homeowners policy
. help my brother file a claim against my insurance
. help my brother find a lawyer to sue me if AIG fails to dish out a fair settlement
. be completely honest with anyone who asks ... "Yea, I told him he'd have to sue, because the Ins Claims Dude was an a$$wipe and refused to take care of this."

It seems to me this is EXACTLY what civil lawsuits are for, forcing companies to meet their obligations when they fail to do it voluntarily.

[midwest girl]

Well put Tank

[twerp]

Tank makes a good point.

[USMerc]

Tank, you are correct...That IS pretty much the exact order of what should happen...(Except substitute TEQUILA for VODKA)
And it IS completely legal, and above board. (Until the family splits the proceeds...THEN it becomes fraud.)

[Soo]

those are good points, lester and tank. The knowledge I want is this:

Is a pinky finger worth $115k?

[Soo]

on a side note: my bro was in an ATV crash at my sister's place. her homeowner's insurance paid up, sort of. In the end, my bro still had to fork out $4000 for follow-up care after the first surgery to reconstruct his entire left leg wasn't done properly.

Situations like this is why my medical liability covers more than my structural coverage. I just don't get the dollar amount. Maybe the extra is to pay the attorneys their idiotic fees and still leave the plaintiff with enough cash for a happy meal?

[Rat]

"Gentle pressure..." (okay, maybe that's too obscure, unless you're an MST3K fan...)

[Sigh]

I don't know about you guys, but I would pay 115K to keep my pinky.

[lester]

i also know not to walk up to someone who is using a power tool and tap them on the shoulder.

we have insurance to cover accidents, which is what this most likely was. was mom liable? he was working in her house, and her action did contribute to the displaced digit. that's a liability her insurance should cover. just as if one of my neighbor kids opened a gate to let one of my dogs out, and then get bit.

if mom shares in the proceeds, then it becomes fraud.

didn't see in the article if it was sewn back on or not.

[Tank]

@Soo n Sigh

I asked myself the same question ... $115,000? Hmmmmm.

Then I caught myself looking down at both hands and mumbling "Eenie, meenie, minie, ...."

[Elroy]

Do you think he finished the floor? Curious minds want to know.

[RockyMtnMac]

I dunno Sigh...115K and it is just a pinkie...
On the other hand (pun intended) it would hurt like hell!
Oh, and Rat, I watched a little MST3K, but I don't remember that.. I remember "bucket-o-Rogain","Snap-Crackle-Death", and "Ooh, Packers!".

[Kee]

I'm sure this is to get home owners insurance to pay, but I wouldn't be surprised if the insurance company sues mom for not hiring someone who was licensed/bonded or the guy for not carrying proper insurance.

[Navy Chief]

For me, $115K might do it. I play bass clarinet in a local community band, and both pinkies are required. I suppose I could switch to tuba, which I also play (three-valve if it's the right pinkie, four valve if it's the left).

[lester]

i'm pretty sure if i had my pinkie cut off, i'd grow back.

[Tank]

No way! Navy is a band geek?!

Who knew?!

[RockyMtnMac]

Why Lester, are you a lizard too?
LGL! Is this one of yours?

[LimeGreenLizard]

RMM, my tail will grow back, not my claws. Lester's probably just a mutant, that's all.

[Navy Chief]

@Tank - Yeah, guilty as charged. Been one since, oh, about 1966 or so.

[lynn]

my brothers rules of power tools:
1. do not touch my power tools
2. if i have my power tools in hand, do not talk, touch or stand near me.
3. do not flick the light in my work room on and off to get my attention when i am using my power tools. that also turns off power tool and makes me use really bad language.
4. if you disreguard 1,2 or 3..you may die and it will not be my fault.
5. do not touch my power tools. this means both of you,my sisters....

[lynn]

oooo navy chief sir is a clarinet player. sexy....;)

[lester]

never said i was human.

[LimeGreenLizard]

And y'all just remember to be compassionate! This guy had to enjoy Masturbation Month 20% less!

Think of what that's worth!

[USMerc]

Thanks Lizard! I got sweet tea all over my screen!!!

[lynn]

stinky pinky!!! LOL --BAD BAD (hee hee) twerp...snicker...
to bed with no supper for you,twerp.

[American Veteran]

This claim is stinky pinky to me.
I've used miter saws a lot.
I tried to imagine a position in which I could get ONLY my pinky in the way of the saw blade and cannot imagineer it.

A power miter saw has a circular blade which cuts down through whatever it is you want to cut.
Other than the various fence/guard protections, you CANNOT feed whatever you're going to cut with your fingers wrapped around it.

In order to cut your pinky, you would HAVE TO have your hand wrapped around the piece you're cutting.
Also, the saw is spring loaded and HAS A TRIGGER which shuts the saw dwon as soon as it's released.
The saw ALSO has a brake so that it doesn't freewheel.

So, the ONLY way that this "accident" could have occured is by having junior down a few suds or whiskeys and TIGHTEN HIS CHEEKS, then do the deed.

I think they gave the ins company the finger.

[me]

My AD&D insurance would pay up 1/4 of my principal for loss of a finger. Homeowners should chunk up a little more.

Why sue a family member?

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