Extra

New: Tree Requiem

Bruce Wicinas
Monday October 22, 2018 - 10:40:00 AM

We are frequently negligent, often clumsy, always self-centered. When something bad occurs due to our negligence we rarely admit responsibility. When someone gets hurt, only a fool accepts any blame. Within sight of the incident is a billboard: "Injured? Call 1-800-xxx-xxxx!"

From 1994 or earlier, Liebeck v. McDonald's (the "scalded crotch lady" case) we saw we can turn injury into millions. Since 1994 no American can buy a coffee in the U.S. without a java jacket and a lid. The favorite targets of opportunistic lawsuits: local governments and school districts. They are rained upon by such suits. Why not? "I want to be a millionaire!"

I always believed a thoughtful populace like that of Berkeley would see through some banalities of American culture. But maybe time has dulled our eyes. A couple years ago a driver hit and seriously injured a pedestrian on Ellsworth. They and their law firm declared that neither driver nor pedestrian were at fault. A tree was at fault. Hence the owner of the tree - the City of Berkeley - is at fault. (Note that the tree did not fall upon anyone. It just passively did what trees do.) A judge endorsed their thinking. Our city agreed to pay $2.1 million to these two and their attorney, Lamb and Frischer. Moreover, as apparent penitence, the city agreed to cut down all the trees in all the traffic circles in Berkeley. Both staff and elected council regard this as normal.  

What disturbs me more than the anticipated loss of all the trees and our anticipated higher taxes is the acquiescence to this "logic." It makes me ashamed to be an American, and now ashamed to be a Berkeley resident. 

When I am outside the U.S. and must accept the consequences of my human negligence, rather than turning it to opportunistic profit as the "liability" of someone else (with deep pockets) - I feel I am among humans who are more intelligible to me.