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Surfin's PlunderBunny
Minmatar mUfFiN fAcToRy
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Posted - 2007.12.12 04:53:00 -
[61]
Originally by: Loyal Servant
This is how things work here, in the good ol' USA. SUE SUE SUE...
It is disgusting.
Yup, that's how it is here... forget what the right thing to do is, you gotta cover your own ass.
I'm a trained first responder, but if I'm off duty and I see a car accident on the side of the road with people hurt am I going to stop? Nope, I'm going to keep driving... if I stop to help and someone dies I'm going to get sued. What I will do is find a payphone as fast as possible and call 911, that way I remain anonymous. If i use my cell phone and call and don't stop and someone dies... hey, I get sued for not stopping 
Originally by: Chainsaw Plankton thats a boot.ini a file used by windows
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Tressin Khiyne
Minmatar Interstellar Vacation Center
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Posted - 2007.12.12 05:01:00 -
[62]
Not "general discussion" enough? Why not move all those other law suit threads out of GD too then? I'm not upset you moved my post, rather I was upset before I even posted that all the legal discussion in GD wasn't moved immediately. --
There are 10 kinds of people in this world; Those who understand binary, and those who don't.
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Derovius Vaden
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Posted - 2007.12.12 05:04:00 -
[63]
Originally by: Tressin Khiyne Not "general discussion" enough? Why not move all those other law suit threads out of GD too then? I'm not upset you moved my post, rather I was upset before I even posted that all the legal discussion in GD wasn't moved immediately.
Thats because the mods usually don't act on something until someone complains about it, then step in and enforce the rules to save face. Look at the politics explosion in OOPE; all it will take is one whiny little bugger to get half of OOPE banned.
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Loyal Servant
Caldari Viper Intel Squad Pure.
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Posted - 2007.12.12 05:06:00 -
[64]
Aww I was enjoying being flamed.
It doesn't change the fact that the whiners here are probably the ones that are threatening to sue.
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Graalum
Foundation R0ADKILL
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Posted - 2007.12.12 05:25:00 -
[65]
Originally by: Ulstan It's a horrible problem in America, and we have ambulance chasing trial lawyers like John Edwards getting rich suing doctors. And then your health insurance goes up.
It used to be that you would get ahead by working hard - now you get ahead by playing the lottery or suing someone for something that was your own fault.
Quote: There was one guy in Los Angeles who fell through an improperly installed skylight while trying to ROB a home and was paid damages for his injuries.
Seriously, people like that should be shot.
Oh and to the guy complaining about the jews - they are a subset of the population that *actually* gets out there and works.
the impact of lawsuits on the price of insurance and heatlhcare in general is astronomically small in relation to the size of the us medical industry. Its even possible that medical related lawsuits keep costs down by weeding out poor doctors and keeping the good ones on their toes. If you want to really know why medical care is so expensive take a look at your medical industry lobbyists. Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Graalum
Foundation R0ADKILL
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Posted - 2007.12.12 05:29:00 -
[66]
I've been told by many people that an active court system ins the best indicator of liberty, and its telling of modern attitudes to democracy that so many people want to fix the legal system. An active and functioning legal system is more important to democracy and liberty than 'electing' your leaders. Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Loyal Servant
Caldari Viper Intel Squad Pure.
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Posted - 2007.12.12 05:55:00 -
[67]
Originally by: Graalum I've been told by many people that an active court system ins the best indicator of liberty, and its telling of modern attitudes to democracy that so many people want to fix the legal system. An active and functioning legal system is more important to democracy and liberty than 'electing' your leaders.
I have no argument for this, because it seems logical. My argument is that the system is being abused heavily.
It's like the guy that is a first responder previously posted.... seeing someone in a car accident injured, and stopping to help that person is the right thing to do, and the human thing to do.
But, if that person dies or is further injured your liability is insurmountable. You can lose your entire life trying to help someone. Is it worth committing financial suicide to help a perfect stranger when he/she or his family may sue you if they have a chance?
Thing is, 50 years ago... or at least 2 generations ago if you did NOT stop to help someone you were committing moral suicide. The risks of stopping your car and getting sued when things do not go as people want them to go are simply too great.
I will not stop for anyone, and I do not expect anyone to stop for me. The problem with this is that it is a downward spiral and I understand that it takes ordinary people to stop this, but I cannot make the choice for my family as well.
I stop for that stranger and get sued, it may as well be a death sentence. My house, family, it can all go away because a perfect stranger wants to get even with someone because their family member was hurt/died, and because some lawyer said they would get something out of me to 'ease their pain'
Biggest crock of ----. I blame the lawyers for constantly drilling it into peoples heads. They claim big insurance is the problem, yet my dealings with 'big insurance' were not bad. My wife was in a car accident and 'big insurance' cut a check for the car, which was totalled. There were minor injuries and the other person involved in the accident and CAUSED IT started to play the role of the injured person just before the police arrived, and good thing that some random passers by told the cop that this other person was acting and that only 5 minutes before the person was walking around talking on a cellphone laughing and joking with whomever and did not seem to care otherwise - until the person she was talking to reminded her that she could 'get more money' obviously by playing injured so she returned to the car and played the 'my neck hurts' card.
Why? because we see it in ads for lawyers on TV. Big insurance for the other person paid for our car, fair market value.... asked us if we had medical expenses and we went on our separate ways.
Meanwhile, the person that caused the accident is trying to bleed our insurance company dry.
Justice, the American way. AFAIK, it's called insurance fraud but all you need apparently is a doctor that says its 'soft tissue damage' and your lawsuit has a rubber stamped seal of approval.
Nice, just nice. And we all wonder why things are so expensive?
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Ademaro Imre
Caldari Eye of God
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Posted - 2007.12.12 07:29:00 -
[68]
Edited by: Ademaro Imre on 12/12/2007 07:31:51 No, there is a singular problem unique to the USA in regards to the justice system, and that is contingency fee lawsuits, that is a lawyer gets paid a percentage of lawsuit winnings. It drives most of the silly lawsuits (plus a glut of lawyers graduating from law schools with no jobs). There are many, many lawyers as a percentage of lawyers that have never seen the inside of a courtroom during their professional career.
It will not change either. It used to be a good thing, until laws, judges and juries allowed anybody to be sued out of class warfare ("the rich guy or rich corporation has money, doesn't matter if they lose"). It won't change because they are too many lawmakers that used to be lawyers. And lawyers make up one of the biggest political campaign donor groups in the US. Tort reform is always dead on arrival whenver such legislation is proposed. And the contingency fee system easts into healthcare costs.
I was involved in an accident May 30th of this year that was totally someone else's fault, and I still have not healed. I broke many ribs, dislocated a knee any my dashboard wrapped around it and the pain was incredible, and an EKG of my back shows I could run a power plant from my left side with the electrical activity there. Dead to rights, I could sue the guy and get tens of thousands of dollars just for my pain, (medical bills paid for by mandatory insurance), but I am not going to. I'll heal and the guy doesn't have the money and I would only be hurting his family which doesn't have it either. Even with that said, I could still win a judgement on him. And, I wouldn't even have to look for a lawyer. Any lawyer I would call, would take the case if they had the time because to them, its free money for the contingency fee.
The US judicial system is not completely bad, it only needs a little fixing to rescue it from the abyss. |

Samiael
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Posted - 2007.12.12 16:21:00 -
[69]
These lawsuits are a hindrance to Darwin.
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DarkMatter
Sintered Sanity
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Posted - 2007.12.12 16:40:00 -
[70]
Edited by: DarkMatter on 12/12/2007 16:40:50 We simply need to execute more ppl in this country...
Starting with any lawyer who tries to bring one of these dumbassed cases to court...
My Current Project |

Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.12 16:54:00 -
[71]
i would laugh my arse off, if some of the stunts the yankies pull off over there, would be tried here in spain.
why can a man buy one of those big mobile homes, sue and WIN the company because he went to the WC while driving, and no1 told him he could CRASH (which is what happened) if he did so?
if that guy tried the same here in spain, in first place he would need like a dozen of years to even get to court, it would cost HIM a fortune and instead of winning, he would be the laughter of all TV channels for ages.
seriously, i don't wonder anymore why every1 and his cat has a GUN in the states... if some a$$hole like that driver comes to my company to complain about something so stupid... i would want to shoot him too.
fixed to 23.15 kB (23710 bytes) |

Micheal Dietrich
Cynical Cartel
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Posted - 2007.12.12 17:04:00 -
[72]
Originally by: Kayna Eelai i would laugh my arse off, if some of the stunts the yankies pull off over there, would be tried here in spain.
why can a man buy one of those big mobile homes, sue and WIN the company because he went to the WC while driving, and no1 told him he could CRASH (which is what happened) if he did so?
if that guy tried the same here in spain, in first place he would need like a dozen of years to even get to court, it would cost HIM a fortune and instead of winning, he would be the laughter of all TV channels for ages.
seriously, i don't wonder anymore why every1 and his cat has a GUN in the states... if some a$$hole like that driver comes to my company to complain about something so stupid... i would want to shoot him too.
That one is an urban legend. Version I heard goes like this:
A lady was looking at renting a RV and was talking to the salesman about the package of a particular RV. He notably pointed out the cruise control and told her the RV pratically drives itself.
So she rents it, gathers her children, and sets out on her trip.
While driving on the freeway she realizes the baby needs a diaper change so she sets the cruise control and gets up to change the diaper and make sandwiches for the children. The RV managed to go straight for about 2 miles before flying off the road and crashing.
The lady in turn sued the RV place for false advertisement and won.
There are alot of lawsuits out there that arre actually fake and just sent around in chainmails. Always check to see if theres a location or or name where you can check sources. ___________________________
Originally by: ISD Santiago Cortes *Locked*
Blew through off-topic boulevard and ended up in flamebait crescent.
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Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.12 17:31:00 -
[73]
this extended version you are telling is indeed FAKE. but the lawsuit is real and was much simplier than all that story.
just think about it: most if not ALL urban legends have a real story behind.
fixed to 23.15 kB (23710 bytes) |

Micheal Dietrich
Cynical Cartel
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Posted - 2007.12.12 17:46:00 -
[74]
Originally by: Kayna Eelai this extended version you are telling is indeed FAKE. but the lawsuit is real and was much simplier than all that story.
just think about it: most if not ALL urban legends have a real story behind.
Theres my proof. Now show me yours. ___________________________
Originally by: ISD Santiago Cortes *Locked*
Blew through off-topic boulevard and ended up in flamebait crescent.
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Graalum
Foundation R0ADKILL
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Posted - 2007.12.12 18:38:00 -
[75]
Originally by: Ademaro Imre Edited by: Ademaro Imre on 12/12/2007 08:03:49
It will not change either. It used to be a good thing, until laws, judges and juries allowed anybody to be sued out of class warfare ("the rich guy or rich corporation has money, doesn't matter if they lose").
If class warfare is being waged by anyone its being done quietly and being done from above. Just because you here people complaining about getting the shaft in the economic system, doesn't mean they are waging it or winning it. Considering the current trends in income and wealth in the us, its very tough to say that the poor or middle class are waging any sort of class warfare, other that a half-hearted and failing defense thats turned into a rout.
Quote: It won't change because they are too many lawmakers that used to be lawyers. And lawyers make up one of the biggest political campaign donor groups in the US. Tort reform is always dead on arrival whenever such legislation is proposed. And the contingency fee system easts into health care costs by driving up the malpractice insurance fees for each doctor.
You would by surprised how tiny of an effect tort has on medical costs. Keep reading.
Quote: As I was web searching for the trial lawyers group name, I learned that trial lawyers make $40 bil in revenue a year, compared to $19 bil for Haliburton!
by comparison, medical care is something like 12% of GDP or about 1.5 trillion dollars annually. Assuming that all that cost is placed by the consumer and all that legal activity is directly related to medical malpractice, medical malpractice lawsuits account for less than 3% of medical fees. Realistically, that means that tort has about a 1% increase on the effect of healthcare in the united states, at the most, and even that is giving your statement alot of benefit of the doubt. Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Graalum
Foundation R0ADKILL
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Posted - 2007.12.12 18:38:00 -
[76]
Originally by: DarkMatter Edited by: DarkMatter on 12/12/2007 16:40:50 We simply need to execute more ppl in this country...
Starting with any lawyer who tries to bring one of these dumbassed cases to court...
You should like you would be a good fit with a 3rd world banana republic. Please go find one. Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Derovius Vaden
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Posted - 2007.12.12 18:59:00 -
[77]
Originally by: Graalum
Originally by: DarkMatter Edited by: DarkMatter on 12/12/2007 16:40:50 We simply need to execute more ppl in this country...
Starting with any lawyer who tries to bring one of these dumbassed cases to court...
You should like you would be a good fit with a 3rd world banana republic. Please go find one.
His idea of freedom is for him to have the freedom to do whatever he wants, not for everyone to have the freedom to do whatever they want. In short, he's a selfish, narrow-minded American; quite normal by todays standards in that nation.
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Battleclash
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Posted - 2007.12.12 19:10:00 -
[78]
Originally by: Derovius Vaden
Originally by: Graalum
Originally by: DarkMatter Edited by: DarkMatter on 12/12/2007 16:40:50 We simply need to execute more ppl in this country...
Starting with any lawyer who tries to bring one of these dumbassed cases to court...
You should like you would be a good fit with a 3rd world banana republic. Please go find one.
His idea of freedom is for him to have the freedom to do whatever he wants, not for everyone to have the freedom to do whatever they want. In short, he's a selfish, narrow-minded American; quite normal by todays standards in that nation.
Beats being the alternative up north
Originally by: Vladimir Ilych Stupidity is universal.
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Kirjava
Lothian Quay Industries Zzz
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Posted - 2007.12.12 19:24:00 -
[79]
Originally by: Battleclash
Originally by: Derovius Vaden
Originally by: Graalum
Originally by: DarkMatter Edited by: DarkMatter on 12/12/2007 16:40:50 We simply need to execute more ppl in this country...
Starting with any lawyer who tries to bring one of these dumbassed cases to court...
You should like you would be a good fit with a 3rd world banana republic. Please go find one.
His idea of freedom is for him to have the freedom to do whatever he wants, not for everyone to have the freedom to do whatever they want. In short, he's a selfish, narrow-minded American; quite normal by todays standards in that nation.
Beats being the alternative up north
If I am reading this right, then you should note that Europe, Australia, New Zealand and South Africa are in the same boat as Canada
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Rialtor
Amarr Yarrrateers
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Posted - 2007.12.12 19:31:00 -
[80]
Well obviously there's talks of lawsuits due the to severity of the problem. It's not like you installed the upgrade and it deleted your background. It deleted vital system files. Not all computer users are knowledgable enough to fix this. So they take it to a store and tell them they installed software and their computer crashed. So the people that fix it don't know the boot.ini file it missing so they might do something more drastic.
The upgrade basically turned Eve into malicious software. Last I checked that's an offense, Eve was basically a virus. So to those that think this is so frivolous needs to take another look at the situation.
To say they have no case because somehow you think deletion of system files is trivial, is a bit odd to tell you the truth. It's up to the courts to decide based on the EULA, and international law if the case will hold up in court.
This is CCP's fault not the user's fault. It's an epic failure of process and testing that resulted in hardships for the user of their product.
---- sig ----
Never doubt that a small group of thoughtful, committed citizens can change the world... Indeed, it's the only thing that ever has. |

hattifnatt
Gallente The Movement
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Posted - 2007.12.12 19:33:00 -
[81]
The lady who put her dog in the microwave wins for funniest court case!  i suxz at grammar, k? |

Ademaro Imre
Caldari Eye of God
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Posted - 2007.12.12 19:40:00 -
[82]
Originally by: Graalum You would by surprised how tiny of an effect tort has on medical costs. Keep reading.
If you were reading, I was talking about malpractice premiums. Malpractice premiums as a percentage are increasing twice that of health care spending. And when you see a general practitioner, you could well be paying $10 for his costs for medical malpractice liability insurance. Next year, malpractice premiums will go up again about 15-20%. 15% of doctors are sued every year for malpractice, and 30% of the plantiffs win. And the doctors themselves incur their own personal cost for each case, which of course, they pass down. Malpractice insurers also have special rates for areas where juries are especially happy to side with any plaintiff and where states allow large and unreasonable awards, and as a result, many doctors move away from regions like Philadelphia making those seeking care more difficult.
If you think it has no effect, maybe you could come to Pennsylvania. The OBGYN practices almost left the state (not some, all) because there were no malpractice insurer that would offer insurance to them. Two insurers went bankrupt from malpractice suits and the others dropped coverage completely. The state had to rewrite laws to expand their own insurance programs to include coverage for OBGYN doctors, but doctors still leave Pennsylvania for friendlier states, because the state will not quite take over the role an insurer. LLoyd's of London will not even do business in the medical field in Pennsylvania.
The effect on total cost may have a small impact, but that's like saying energy cost increases are insignificant because the cost of living is steady. As long nothing significant is done in tort reform nationally and locally, medical costs will continually rise and more nonsense lawsuits will keep coming. |

Ademaro Imre
Caldari Eye of God
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Posted - 2007.12.12 19:41:00 -
[83]
Originally by: Derovius Vaden In short, he's a selfish, narrow-minded American; quite normal by todays standards in that nation.
Speaking of lawsuits, did you win yours for the doctor dropping you on your head? |

Graalum
Foundation R0ADKILL
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Posted - 2007.12.13 01:57:00 -
[84]
Originally by: Ademaro Imre
Originally by: Graalum You would by surprised how tiny of an effect tort has on medical costs. Keep reading.
If you were reading, I was talking about malpractice premiums. Malpractice premiums as a percentage are increasing twice that of health care spending. And when you see a general practitioner, you could well be paying $10 for his costs for medical malpractice liability insurance. Next year, malpractice premiums will go up again about 15-20%. 15% of doctors are sued every year for malpractice, and 30% of the plantiffs win. And the doctors themselves incur their own personal cost for each case, which of course, they pass down. Malpractice insurers also have special rates for areas where juries are especially happy to side with any plaintiff and where states allow large and unreasonable awards, and as a result, many doctors move away from regions like Philadelphia making those seeking care more difficult.
If you think it has no effect, maybe you could come to Pennsylvania. The OBGYN practices almost left the state (not some, all) because there were no malpractice insurer that would offer insurance to them. Two insurers went bankrupt from malpractice suits and the others dropped coverage completely. The state had to rewrite laws to expand their own insurance programs to include coverage for OBGYN doctors, but doctors still leave Pennsylvania for friendlier states, because the state will not quite take over the role an insurer. LLoyd's of London will not even do business in the medical field in Pennsylvania.
The effect on total cost may have a small impact, but that's like saying energy cost increases are insignificant because the cost of living is steady. As long nothing significant is done in tort reform nationally and locally, medical costs will continually rise and more nonsense lawsuits will keep coming.
Statistically insurance premiums have gone up 12%, roughly the same as the rate of increase for healthcare as a whole.
The highest estimate for tort costs i've seen are 2.2% of gdp, and even assuming all that tort is medical malpractice, it still only represents about 15-20% of medical costs. A better estimate would be that maybe 1/4 to a 1/3 of all tort is malpractice related, so that maybe 4-7% of medical costs are tort related. 'Frivolous' tort would make up an even smaller portion of that.
Medical costs are going to continues to rise because the American medical system is one of the worst in the developed world in terms of efficiency and results. If you want to see your medical prices go down, ban prescription pharmaceutical advertisements and reform patent law. Not only would parmas be able to cut their costs by more than half, but we wouldn't be treating every minor quirk as something you need to pop a pill for. Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Graalum
Foundation R0ADKILL
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Posted - 2007.12.13 01:58:00 -
[85]
Originally by: Ademaro Imre
Originally by: Derovius Vaden In short, he's a selfish, narrow-minded American; quite normal by todays standards in that nation.
Speaking of lawsuits, did you win yours for the doctor dropping you on your head?
epic burn  Your signature graphic must reflect your ingame persona as per The Forum rules - Kreul Intentions ([email protected]) |

Surfin's PlunderBunny
Minmatar mUfFiN fAcToRy
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Posted - 2007.12.13 02:02:00 -
[86]
Originally by: Kayna Eelai i would laugh my arse off, if some of the stunts the yankies pull off over there, would be tried here in spain.
why can a man buy one of those big mobile homes, sue and WIN the company because he went to the WC while driving, and no1 told him he could CRASH (which is what happened) if he did so?
if that guy tried the same here in spain, in first place he would need like a dozen of years to even get to court, it would cost HIM a fortune and instead of winning, he would be the laughter of all TV channels for ages.
seriously, i don't wonder anymore why every1 and his cat has a GUN in the states... if some a$$hole like that driver comes to my company to complain about something so stupid... i would want to shoot him too.
I went to Spain once and saw the greatest thing EVER! A guy was emptying out the septic tank of a hotel while sitting on the hose and eating a sandwich! 
hehe, it was gross 
Originally by: Chainsaw Plankton thats a boot.ini a file used by windows
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