A Slippery Slope

Or: What my bloody, newly mangled face taught me about our litigious society

Posted on 4/15/2010 at 7:09AM
Text Size: A | A | A

I have been commuting to New York for the past few weeks and so I am now one of the train people. Amtrak is my tribe.

On Monday night I made a mad dash from the edit bay to Penn Station in New York to make the 9:05 train to Trenton. I got to the station at 9:01.

“The train is on the right,” the Amtrak lady said at the top of the escalator that descends to the tracks.

I made it. But there was something wrong. I was on a ghost train. There was no one from the tribe on board, just a bartender in the café car who may or may not have been real. I felt like Jack Nicholson in The Shining. “Is this the 9:05?” I said as my mysterious friend wiped off the counter top. She smiled and said, “No, it’s across the platform, but you better hurry.”

I turned from Jack Nicholson to O.J. Simpson. Not the bad O.J. Simpson who we know from the court room, the good O.J., who jumped suitcases to catch a plane in Hertz Commercials. (But I did just give myself a chill as I was forced to think of the comparison between The Shining’s Jack Torrance and the bad O.J. Simpson. It was unintended, but I’ll leave it in so you can share the chill.)

So now I am running with dress shoes across a slippery platform. (If you think I am already trying to make excuses for what is about to happen next — you’re right.)

I tried to turn in full run when my face got a closer look at the slippery platform. My face met the platform hard. If NFL Films had a parabolic mike nearby, the announcers would have paused for the sound of the crack.

I turned once again, this time from O.J. Simpson to Chevy Chase.

Being a good TV anchor, I checked my teeth first. They were all there and un-chipped. But when I stood up blood shot from my nose like I was the dessert fountain in True Blood. (Finally, a pop reference from this century.)

I made the train. But when I tried to hand my blood-stained ticket to the conductor he said, “I don’t want to touch that. You are going to have to throw that out.” He never even looked at the ticket and did not mark my seat with a receipt. He just stared at me.

At this point I didn’t realize that my nose looked like a foot.

He said, “Do you want the first aid kit?” That may have been the dumbest question I heard since a Philadelphia anchor asked an expert on the Catholic Church, during the coverage of the death of Pope John Paul II, if anyone has ever been canonized a saint after they died. He answered, “That’s kind of a prerequisite.”

I wasn’t in the position to make any sarcastic comments. I just said, “Yes, please.”

After I cleaned myself up and put a band aid over a gash on my nose. I walked out of the train restroom to find four conductors in a huddle outside the door. Two hundred years ago they would have had torches and pitch forks.

The biggest of the conductors asked, “What is your stop?” When I told him Trenton, he looked at the other conductors and said, “Two stops.” I then realized that had I been going any further I may have been tossed from the train. “Do you need an ambulance?” the big conductor asked me. “No, I may need a couple of stitches, but if I broke it, I think it would hurt a lot more.”

The next day I got 15 stitches on my nose, which was broken. The nose straightening process is something that would have made Dick Cheney very happy.

And now after reading the details of this entire ordeal, you are thinking, “”He’s got a great lawsuit.” Congratulations. You have joined the majority of the people who have heard this story. One person I told even said, “Oh man, you are so lucky.” This is as he is looking at the bandaged foot on my face where my nose used to be. “You are going to make a fortune.”

Even my health insurance provider asked if I was going to sue. When I said, “I don’t think so,” the woman on the phone said, “Well, we might sue on your behalf.”

It was then that I realized how lawsuit crazy we have become. (Sorry it took so long to get to the point, but I had to set this all up with my hilarious turning my nose into a foot story.)

So many people brought up suing, so matter-of-factly, that I started to think there was something wrong with me. My answer went from an indignant “No!” to an “I don’t think so” to “I just don’t know.”

People think I should sue Penn Station, Amtrak and the makers of my shoes.

All of this because I slipped and fell.

I just don’t think I can do it. Maybe that foot on my face is supposed to come with a Golden Slipper, but I just can’t pull the trigger. If I do, then I am part of the problem.

We live in a society of people who seem to take everything but responsibility.

Maybe my thinking is as old-fashioned as my references, but I am not going to look at my misfortune as a possible payday. All of us end up paying because of that kind of thinking.

I think my tribe of train people will be proud of me.

I’ll find out later today. I’m going to New York to do a national commentary on our litigious society complete with my broken nose. Why do I think that most who watch are going to say, “What a shame! That guy with the foot face could have made a fortune.”

LARRY MENDTE writes for The Philly Post on Monday and Thursday. Watch his video commentaries at wpix.com.

  • Share/Bookmark
 
READ MORE: Larry Mendte

User Comments:


  1. Jonathan says:

    Sorry for your pain Larry, but that was hilarious.

    Loved the line – People seem to take everything but responsibility!

    Did I mention that I think you should sue?

  2. Nick McAvoy says:

    Thanks for the story and the commentary, Larry! You’re right, and everyone else is wrong. Try not to be so clumsy next time.

  3. Jim Cox says:

    Sorry to hear about the mishap, and suing is not going to make you heal any faster.
    Glad you’re not the litigious sort -trains and shoes are expensive enough now.

  4. Barbara Urmston says:

    Sorry Larry about your accident, but you are right, it is your fault that you fell. End of story. Not so bad. Teeth weren’t broken and the nose is repairable. Shame on your insurance company, if they pursue suing.

  5. Laura says:

    Larry, after all you’ve been through in life regarding lawsuits, I was very impressed with your position on litigation. Forgive the pun, but you hit it “right on the nose” about personal responsibility. Hope you heal quickly, and thanks for doing the right thing!

  6. sher says:

    Re OJ: it was Hertz, the Superstar in Rent-A-Car, not Avis…I’m all for using old references, just try to get them right!

  7. Jeff says:

    “On Monday night I made a mad dash from the edit bay to Penn Station in New York to make the 9:05 train to Trenton. I got to the station at 9:01.”

    That, ultimately, is why you fell. Since you were late, you were forced to make some decisions that you likely would not have otherwise made. Kudos for resisting the lure of a lawsuit. If only more people (pun alert) “in your shoes” would make the same choice.

  8. Bob Monty says:

    Sorry ’bout your mishap, Larry, but at least you realize whose fault the accident was and are doing the right thing.

    As for your insurance company – be careful they don’t hire the very angry Michael Coard, Esquire, he of Philly Post “WTF” fame and of putting at least one killer back on the streets of Philly.

    If someone shows up at your door wearing lime-scented cologne – be very careful. Chances are that it’s Michael. Health care is his next venue and he’ll go after the bad guys in your case with a vengeance.

  9. Dr. Jan says:

    As a physician, I am genetically programmed to hate all lawyers. But I do not. Some of my best friends are lawyers (yes, even medical malpractice litigators), and many of the people I admire most are JDs.
    But there is a genre of individuals that I universally despise
    regardless of their profession: those hired to serve the public who witness someone in obvious distress and potential danger, and, instead of providjng whatever assistance they can along with a modicum of empathy, exhibit revulsion, arrogance, and ignorance.
    Whether you are a physician or a railroad conductor, the probability that you will get sued after after an untoward event is determined less by your ability than it is by your attitude.
    I do not expect railroad workers to be capable of performing cosmetic surgery on a moving train, but I the description of how they reacted to Mr. Mendte’s injury is s imply unacceptable.
    And that, to a great degree, is why there are so many blood-sucking in the world.
    —Nerozumim

  10. Donna Price says:

    Great article for so many reasons – funny and smart. Come back to Philly TV Larry (I mean after you heal) God we need you.

    Local news has become a great wasteland. I* may sue!

  11. Jackie, Broomall PA says:

    Dr. Jan is SO right.

    Since we do live in such a ‘sue happy’ society, even those who might not be prone to frivolous law suits, can change direction when treated badly in a mishap that really wasn’t anyone’s fault. If people that can be deemed responsible or who represent a potentially responsible party (in this case Amtrak) treat you rudely when you are hurt, it is difficult to not feel they added ‘insult to injury’ (appropriate pun – sorry!!) and then think, how rude, how dare they, well, I can fix them. And so even more lawsuits are added that could have easily been avoided just by a caring and compassionate attitude that would have left the injured party feeling it would be wrong to sue people who only tried to help them in a case that in reality is no one in particular’s actual fault.

    Larry, hope your nose gets back to normal soon – and on the positive side, you’re right, no chipped teeth! Sometimes you just have to be thankful for what DIDN’T go wrong!

  12. Jackie, Broomall PA says:

    Billy B, get over yesterday’s news! There are two sides to every story and if you’ve ever been a party to a lawsuit, you wouldn’t be so judgmental. Things are NOT always what they are made to look like, and the other party in that case has a reputation that precedes her! Go figure!

    Larry, miss you on the news! Glad to see you here!

  13. Tom says:

    Just because people asked if you were going to sue does not mean that they would if in your shoes (even if they were slippery) To suggest, without the slightest bit of data to support your claim, that we live in a litigous society based on people’s comments is crazy. In reality civil lawsuits have only increased in line with populaton increase and most people who have a minor injury like yours don’t sue. By the way you would have a pretty crappy case.

  14. Larry Mendte says:

    Jonathan – Thanks. That was my favorite line too.

    Nick – I wasn’t clumsy – as he stooges used to say – I was a victim of circumstance.

    Jim – Right! We all pay the cost of the constant lawsuits. And if I sued I would be part of the problem.

    Barbara – Thanks – yes they almost seemed disappointed that I was not suing.

    Laura – Thanks. One thing you cannot say about me is that I don’t take responsibility. That is a big part of my fiber. It makes it tough when others lie but I can’t be responsible for others.

    sher – Thanks – fixed it.

    Jeff – Yes – that is what started the ball rolling – or me rolling. By the wa – I worse sneakers tonight.

    Bob – Thanks for the kind words and the warning.

    Dr. Jan – They really weren’t THAT bad. But you can tell they were a little freaked out by the blood. Still they did give me a first aid kit and offer an ambulance.

    Donna – Wow Thanks – I would love to come back – but Philadelphia local TV News is pretty provincial. the stations are a group of deer in the headlights not certain what moves to make.

    Jackie – Thanks for the well wishes and for defending me. Bill B is not really Bill B. I am used to that group – no big deal. But thanks.

  15. Bernadette says:

    Oh, Larry once it all heals and Dawn is able to look at you again with that loving look you will be ok. Are you going through the terrible twos with your kids? Take care and this too shall pass.

  16. Bob Monty says:

    Larry – I would love to come back to Philly too, but my job here in Maxataxachusetts is not complete. This place is a mess and PA, from what I see in the news, is trying to play catch-up with the incompetents and outright thieves we have here – so I’m thinking I should stay – especially with Michael Coard and his lime-scented cologne on the loose. He frightens me…

    Plus – I’ve learned to adapt and have created my own Philly-type cheesesteak, which I call the Nor’easter – just like the storm. Got a real kick to it. Shoot me an email and I’ll send you the recipe. One bite and you’ll never think about your nose again – except for the fire belching out of it.

    This Nerozumim thing from Dr. Jan: is he a Czech; are you a Czech; or are you both Czech? I don’t understand (pun).

  17. Mia says:

    Larry — great article and attitude. Sorry for the nose — feel better soon! More than the rest of us, I’m thrilled that you’re such a great example for your kids…maybe we can reinstill a sense of personal responsibility in the next generation!

  18. Larry Mendte says:

    Bernadette – I think the terrible twos is a myth – it is the terrible THREES! And Dawn never stops lookingat me with loving eyes – no matter what – I am VERY, very lucky.

    Bob – I am at Mendte@AOL.Com and I do love hot, spicy food. Can’t wait.

    Mia – Thanks and you hit on what is most important to me. Thank You.

  19. jeff says:

    sue? i can’t even imagine why someone would. could it be because you fell? could it be because the train employees did not wipe up your booboo like a mommy? (comments not directed at you)
    whether everyone offering the push to sue would do it, or not, there is no doubt that lawsuits are commonly viewed as americas’ “other lottery”. it’s almost like folks are just waiting for something minor so they have their excuse to take a shot at the jackpot.
    thank you for not pursuing action.

  20. JenB says:

    Absolutely right! You were rushing and you slipped and fell. Sometimes an accident is just an accident.

  21. Linda C. says:

    Larry,

    Good for you! At last, integrity — you do the right thing by not suing.

    But ouch! Very, very sorry about your nose. Best wishes for a speedy healing process.

  22. [...] Mendte face to face with some widely held attitudes that seem to treat litigiousness as a given [Philadelphia Magazine via Common [...]

  23. Zach S says:

    I don’t know you, never heard of you before, but after following a link to this page and reading your story, I just want to congratulate you on being a decent human being, and one who takes personal responsibility for himself in this world. The notion of personal responsibility has just been thrown out the window across this country and it is the downfall of out great nation. Too often citizens look to blame anyone but themselves (and especially their kids) for the wrongs that they have committed or the absolute incompetence that they display, preferring to take money from someone who was going about their day and happened to be in the wrong place at the wrong time, or a company that offered services to said person that were just fine up until the point where someone gets a little “ouchie.”

    Common sense seems to have gone the way of black velvet paintings.

    It’s disgusting, sick and shameful how much Americans look to pass the blame onto another entity and I wholeheartedly applaud you for taking responsibility for your actions and realizing that you are not infallible. I commend you, good sir.

    Of note, BTW, I’ll be a first year law student come fall and aim to never be a part of this aspect of the law. Know that there are attorneys out there that want to do what’s right, not what makes the most money.

  24. Heather says:

    Thank you for not immediately jumping into the “I’ll sue” mindset, and for taking responsibility for your own actions. Our greed makes it all too easy to convince ourselves that a lawsuit is the right answer, but it really does hurt us all in so many ways when people can blame everyone but themselves for the least trespass, and force those others to pay through… ahem… the nose. (Sorry. Couldn’t resist!)

  25. Dale says:

    Some years ago my daughter sliced a thumb tendon while trying to open one of those plastic packages that are almost impossible to open. Cost me a lot of money because I had her on a high deductible and my insurance company only paid half of what they said they would pay for the doctor they recommended. I never even thought of suing until much later, probably too much later. But upon reflection, maybe _that_ particular suit would have done society some good!

  26. Kurtosis says:

    I was going to write a long, satirical reply about how not suing hurts all the people in the chain who could potentially skim off your lawsuit.

    But the more I thought of it, the more it disgusted me, so I’ll just say this instead.

    Bravo Larry, bravo.

  27. Chloe says:

    Yeah! Did you know Charlie Rose tripped and fell saving an Apple laptop he had just bought and hurt his face? You should do an interview with him.

  28. Chris says:

    In all honesty, I was so enthralled by your setup that by the time I got to”He’s got a great lawsuit,” I had forgotten that this article was going to be about litigation, and my thought was actually, “Lawsuit? What for?” So don’t worry, you’re not alone :)

  29. Sarah says:

    So impressed, THANK YOU for not suing – and no, I do not work for any of the companies mentioned. And I agree wholeheartedly that personal responsibility would be a grand addition to this society.

 
2 WAYS TO COMMENT (CHOOSE ONE)
1. Share your comments with your Facebook friends:
2. Leave a Reply: