Girl falls into fountain while texting at the Berkshire Mall *UPDATE* She is suing

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OutHouse

Lifer
Jun 5, 2000
36,410
616
126
I fail to see a way that this could not end badly and expensively for the subject of the video. Unless that is some reject is libelous.

I see no expectation of privacy.
I see nothing protraying her in a poor light.
I see no reason why we shouldn't laugh our asses off.



The mall has no reason to do so. The security guards are not a private medical force. If they knew about a dangerous situation and failed to do anything about it, then I can see a bit of cash for neglect, BUT this would be hush money at best. As stated, it looks like a mallworker immediately checked on her condition so thats out the door too.


so in other words. what are the damages??
 

Zargon

Lifer
Nov 3, 2009
12,218
2
76
Me also, coworkers say im nuts and accuse me of being "old" and Im only 28. I just call someone or email them if i want to communicate with them. This txt bullshit is just insane, kids texting each other while sitting right next to each other, all the while cell companies are laughing all the way to the bank

so text in an email is ok but text in an SMS is not?

LOL :thumbsup:

the bolded is stupid though I agree
 

fatpat268

Diamond Member
Jan 14, 2006
5,853
0
71
Me also, coworkers say im nuts and accuse me of being "old" and Im only 28. I just call someone or email them if i want to communicate with them. This txt bullshit is just insane, kids texting each other while sitting right next to each other, all the while cell companies are laughing all the way to the bank

I have texting disabled as well (I'm 23). I've received a lot of flak from it from my friends, but I don't care. I see the value in texting, but most other people want to turn texting into a full blown chat, and I wasn't going to be a part of it.

On the flip side, I also have texting disable purely on a financial principle. I refuse to pay outrageous prices (compared to a voice call) to send 255 character text messages. I just won't do it.
 

Stuxnet

Diamond Member
Jun 16, 2005
8,392
1
0
This woman needs flogged.

"Hi, I'm too fucking stupid to watch where I'm walking. Even though I'm okay, I'm suing to save face."
 

frostedflakes

Diamond Member
Mar 1, 2005
7,925
1
81
so text in an email is ok but text in an SMS is not?

LOL :thumbsup:

the bolded is stupid though I agree
I think his gripe is with the ridiculous fees that cell providers charge for texting, not with the idea of communicating via text.

It's funny, I remember reading that it actually costs NASA less per kB to send data to the ISS (or maybe it was deep space probes and stuff like that) than major cellular providers charge for texting. Just to put things into perspective. The prices they charge are ridiculous, but I guess the only reason they can get away with it is because hordes of idiots are willing to pay for it. If prices were that out of line for most of the public, they'd speak with their wallets and just not pay for the service.
 
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spidey07

No Lifer
Aug 4, 2000
65,469
5
76
I think his gripe is with the ridiculous fees that cell providers charge for texting, not with the idea of communicating via text.

It's funny, I remember reading that it actually costs NASA less per kB to send data to the ISS (or maybe it was deep space probes and stuff like that) than major cellular providers charge for texting. Just to put things into perspective. The prices they charge are ridiculous, but I guess the only reason they can get away with it is because hoards of idiots are willing to pay for it.

Text messages are actually sent in the extra space of control protocols (that's why the character limit). It costs them nothing to send text messages. Nothing.
 

Zargon

Lifer
Nov 3, 2009
12,218
2
76
I think his gripe is with the ridiculous fees that cell providers charge for texting, not with the idea of communicating via text.

It's funny, I remember reading that it actually costs NASA less per kB to send data to the ISS (or maybe it was deep space probes and stuff like that) than major cellular providers charge for texting. Just to put things into perspective. The prices they charge are ridiculous, but I guess the only reason they can get away with it is because hordes of idiots are willing to pay for it. If prices were that out of line for most of the public, they'd speak with their wallets and just not pay for the service.

texting is free on my package. My family plan is the same price with unlimited texting on all 4 phones or no text, so it was a no brainer
 

Stuxnet

Diamond Member
Jun 16, 2005
8,392
1
0
"No one went to my aid wah wah wah"

Because you got right up you dumb cvnt.

"It's embarrassing wah wah wah"

Yup. Pay attention next time. Life's rough, wear a helmet.

"I could have walked into a bus, a car, ..."

Yeah, too bad there's no insurance company with a fat wallet to sue in all of this.
 
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Stuxnet

Diamond Member
Jun 16, 2005
8,392
1
0
Like any of you text while driving idiots are any better. I passed some douche in a green Volvo yesterday on my way to work, he was weaving all over the road because he kept looking down at his fucking cell phone. I wanted to reach over and lop off his right side mirror...I should have done that actually.

Whenever I see that I just lay on the horn. Usually scares the living shit out the person because for a split second they think they're about to get bent.
 

Imp

Lifer
Feb 8, 2000
18,828
184
106
‘It's funny, but you need to see the serious side of it,’ she said.

‘What if it was a senior citizen? Would it be funny then?’

She said she approached mall management about it and security officials told her it was not a big deal because no one could see her face in the video.

‘But I know it's me,’ she said.

Texting while driving has been banned in Britain and several U.S. states and the risks of distractedly tapping on a mobile phone while behind the wheel are obvious.


You weren't a senior citizen, you were clearly walking straight and at a normal pace. You also got up and walked away. It was a few inches of water.

If she shut up, no one would ever have known it was her. This is just retarded. Hope the judge sees how she brought it on her self. Employees will probably be fired now, and the idiot will probably get a settlement.
 

destrekor

Lifer
Nov 18, 2005
28,799
359
126
hope the bitch loses even though i feel like the mall will just settle.

Which is annoying because it just sets up a nasty precedent cycle.

If the mall settles out of court, it will be made known in the media (sometimes it's just "an undisclosed sum")... and then other people will see this behavior is rewarded.

It's exactly why it's so damn common... every time something like this gets big attention eventually, especially when the people come forward to the media and announce they are suing. And then there is the eventual settlement, almost always out of court to simply shut the dumbasses up... and this gets covered by the media. So other people get the idea that, omg yes, we can sue when we do something absolutely retarded but are in the environment or using the product of somebody... so we get a chance to blame someone else AND make money? OMG WIN! Right, right?! And it just won't stop.
Because not only is the media always playing the willing party, but then there's the corporations who are just fucking soft and don't want to put a negative image of their business in the media. Fuck, I think I just decided I am going to try and find all the businesses that actually fought the dumbasses, and then give them more business.
And hell, bad PR is still PR - and proving the point of dumbassery is sure to at least get the approval of some folk - maybe not the dumbasses and their kin, but the more intelligent, practical, responsible parties will surely agree.

When we fuck up and have something stupid happen because of our own mishaps, we need to own up to it and move on.

and hmm, reminds me of coffee. Spilling hot coffee on your lap? Oh, the cup didn't say the coffee is hot, and coffee... no, fresh coffee isn't going to be hot... nah. But I just burned myself because I knocked the cup over and spilled the contents on my lap while reaching for the comb to take care of my unruly mullet, because I just got out of bed recently, and it looks like I also ruined my nice pair of sweatpants and a perfectly worn-in wife-beater. Bet u ass Imma sue, I might get me a new ride too! This wasn't my fault, I should be repeatedly warned that coffee is hot. And sure as shit it wasn't on the cup, I can read at an 8th grade level and almost graduated, so I woulda seen it.
 

RPD

Diamond Member
Jul 22, 2009
5,042
547
126
I hope the mall counter sues her for all their legal fees. Dumb bitch.
 

Stuxnet

Diamond Member
Jun 16, 2005
8,392
1
0
She should be far more embarrassed by what people think of her now as compared to when she was just "Fountain Lady". Now everyone thinks she's whiny little bitch, as opposed to just some oblivious - but faceless - person.

She should be slapped with a rubber glove.
 

SKORPI0

Lifer
Jan 18, 2000
18,428
2,357
136
OP, should change the title from "Girl" to "middle age woman"

Here's my imagined scenario if/when it goes to preliminary hearing.

Defense Atty - Mrs. Moreno you are suing because of "public humiliation".
Mrs. Moreno - Yes. You don't know how many people are laughing at me.
Defense Atty - Laughing at you? People didn't know who you were till you revealed yourself. Why do that?
Mrs. Moreno - What what?
Defense Atty - Reveal yourself when people couldn't identify you by watching the surveillance video.
Mrs. Moreno - I don't think security was professional because they didn't send anyone to check on me until 20 minutes later and I had already left.
DA - But the video reveals a cleaning personnel nearby, saw that you're not hurt and okay.
MM - I was wet head to toe, the water was chilling cold.
DA - Isn't it true that you work in this specific mall, the the Berkshire Mall in Reading, Pa.
MM - Yes for the last 3 years.
DA - So you should be familiar with the layout of the store, where the restrooms are, location of escalators, and where the fountain is.
MM - I easily get lost it's a big mall.
DA - How do you prove that it's you on the video and not somebody else?
Prosecution Atty - Your Honor, it's been earlier established that plaintiff is the person on the video.
Presiding Judge - Over ruled. Mrs. Moreno answer the question.
MM - It was me, I was there.
DA - How can you prove that? Surveillance video couldn't.
MM - The cleaning guy saw who I was. He was the only witness.
DA - So besides the cleaning clue there was no witness nearby, not counting the surveillance video. Hardly public humiliation. That section of the mall was empty.
MM - Did not notice my surroundings.
DF - Exactly. You did not look around you. Why where you texting knowing that it's dangerous and could result in an accident like the one that happened to you.
PA - Your Honor, what the victim was texting is irrelevant.
Presiding Judge - Over ruled. Mrs. Moreno answer the question.
MM - I was running late, texted a co-worker to tell the department head.
PA - Late?
MM - Yes, I was up for promotion in a department and scheduled for an interview.
PA - Did you go to the interview?
MM - Are you kidding? I couldn't make since I was drenched head to toe. My make up was ruined. I looked like a mess. My phone was busted so I coudn't call by department head I was going to be late.
PA - You you mentioned that you didn't look around you while texting, now Mrs. Moreno... who is responsible for that?
MM - Looks like I am.
PA - Your Honor, I submit that this case be thrown out the court as shown that the said victim admitted that she did not look where she was going and did not suffer said "public humiliation".
Presiding Judge - After much deliberation I concur. Case is dismissed. Mrs. Monroe you will be required to pay $2,500 court cost plus attorney fees to be determined later. Have a nice day.
MM - But, but , but but...... Crying way out of courtroom.
------------------------------------------------------------------------
 
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Deeko

Lifer
Jun 16, 2000
30,213
11
81
Anyone read the comments of the article? Apparently she has quite a criminal record:

Identity Theft:
http://ujsportal.pacourts.us/Docket...strict=MDJ-23-1-06&docketNumber=CR-0000402-09

Improper driving with a learners permit, running a stop sign, causing accident:
http://ujsportal.pacourts.us/Docket...strict=MDJ-23-1-04&docketNumber=CR-0000136-09

Hell, considering her past, the fact that she works at the mall, has an out of work husband, and a history of criminal activities (not to mention my own personal knowledge of the class of people in Reading, PA)...she probably staged it.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
OP, should change the title from "Girl" to "middle age woman"

Here's my imagined scenario if/when it goes to preliminary hearing.

Defense Atty - Mrs. Moreno you are suing because of "public humiliation".
Mrs. Moreno - Yes. You don't know how many people are laughing at me.
Defense Atty - Laughing at you? People didn't know who you were till you revealed yourself. Why do that?
Mrs. Moreno - What what?
Defense Atty - Reveal yourself when people couldn't identify you by watching the surveillance video.
Mrs. Moreno - I don't think security was professional because they didn't send anyone to check on me until 20 minutes later and I had already left.
DA - But the video reveals a cleaning personnel nearby, saw that you're not hurt and okay.
MM - I was wet head to toe, the water was chilling cold.
DA - Isn't it true that you work in this specific mall, the the Berkshire Mall in Reading, Pa.
MM - Yes for the last 3 years.
DA - So you should be familiar with the layout of the store, where the restrooms are, location of escalators, and where the fountain is.
MM - I easily get lost it's a big mall.
DA - How do you prove that it's you on the video and not somebody else?
Prosecution Atty - Your Honor, it's been earlier established that plaintiff is the person on the video.
Presiding Judge - Over ruled. Mrs. Moreno answer the question.
MM - It was me, I was there.
DA - How can you prove that? Surveillance video couldn't.
MM - The cleaning guy saw who I was. He was the only witness.
DA - So besides the cleaning clue there was no witness nearby, not counting the surveillance video. Hardly public humiliation. That section of the mall was empty.
MM - Did not notice my surroundings.
DF - Exactly. You did not look around you. Why where you texting knowing that it's dangerous and could result in an accident like the one that happened to you.
PA - Your Honor, what the victim was texting is irrelevant.
Presiding Judge - Over ruled. Mrs. Moreno answer the question.
MM - I was running late, texted a co-worker to tell the department head.
PA - Late?
MM - Yes, I was up for promotion in a department and scheduled for an interview.
PA - Did you go to the interview?
MM - Are you kidding? I couldn't make since I was drenched head to toe. My make up was ruined. I looked like a mess. My phone was busted so I coudn't call by department head I was going to be late.
PA - You you mentioned that you didn't look around you while texting, now Mrs. Moreno... who is responsible for that?
MM - Looks like I am.
PA - Your Honor, I submit that this case be thrown out the court as shown that the said victim admitted that she did not look where she was going and did not suffer said "public humiliation".
Presiding Judge - After much deliberation I concur. Case is dismissed. Mrs. Monroe you will be required to pay $2,500 court cost plus attorney fees to be determined later. Have a nice day.
MM - But, but , but but...... Crying way out of courtroom.
------------------------------------------------------------------------
nice dream but here is how it really goes:

MM's lawyer: we want $5k for public humilation
Malls lawyer: not going to happen. but we will give you $1500 if you sign t his saying we are not at fault and drop the lawsuit.
MM lawyer: (thinking hmm my fee's are $1200) Ok deal.

the only ones happy are the lawyers. this lady is going to get very very little. but now she is known as the idiot that walked into the fountain and sued over it.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Anyone read the comments of the article? Apparently she has quite a criminal record:

Identity Theft:
http://ujsportal.pacourts.us/Docket...strict=MDJ-23-1-06&docketNumber=CR-0000402-09

Improper driving with a learners permit, running a stop sign, causing accident:
http://ujsportal.pacourts.us/Docket...strict=MDJ-23-1-04&docketNumber=CR-0000136-09

Hell, considering her past, the fact that she works at the mall, has an out of work husband, and a history of criminal activities (not to mention my own personal knowledge of the class of people in Reading, PA)...she probably staged it.

yeah but most of it looks as if it was dismissed. still IF i had such shit i wouldn't be putting my name out there. lol surprised 4chan hasn't nailed her yet.
 

Deeko

Lifer
Jun 16, 2000
30,213
11
81
yeah but most of it looks as if it was dismissed. still IF i had such shit i wouldn't be putting my name out there. lol surprised 4chan hasn't nailed her yet.

I won't pretend to be an expert on court documents - it looks like there still hasn't been a trial ofr the identity theft case. The final status is HDCT, which according to that site, means

DOCKET TRANSCRIPT
Block 31 of the Docket Transcript (AOPC 501A) will now indicate when a charge was held for
court (HDCT) and the defendant failed to appear for the preliminary hearing. The code
HDCT/WOD (Held for Court, Without Defendant) will print on the docket transcript if HDCT is
recorded as the final charge disposition and the question on the Case Disposition screen,
“Defendant Present (Y/N)” is answered N for No.