Comments on: Gross Family of Jerusalem Files an NIS 11 Million Lawsuit

By: hershel2626

hershel2626 — Tue, 21 Jul 2015 07:03:43 +0000

Gavriel613 is 100% correct. Why on earth should the family who suffered from this unspeakable tragedy not receive their due compensation? To the best of my knowledge, and I was personally involved in a situation where medical damage was caused by negligence, suing [effectively the insurance company] is both mutar and approved. I was encouraged to do so by the posek I consulted, and the institution whose wholly unintended negligence caused the accident also encouraged me to do so, telling me that is what they have insurance for.

By: Smarter than you

Smarter than you — Tue, 21 Jul 2015 02:15:55 +0000

Well said Gavriel. The fact is that most Poskim permit suing insurance companies.

By: gavriel613

gavriel613 — Mon, 20 Jul 2015 15:52:53 +0000

I’m sure terem has comprehensive insurance to cover themselves, and the probability is the exterminator did also. There is no reason to have rachmonus on the multi-billion insurance companies who take money for precisely this.

I highly doubt someone who has to work as an exterminator has enough money to make suing him worthwhile – unless he has insurance.

The amount of tzaar they must have gone through is unimaginable, and I see no reason they shouldn’t be able to receive some sort of compensation just because the insurance company will lose 0.00001% of their balance sheet.

By: chjewess

chjewess — Mon, 20 Jul 2015 11:12:40 +0000

From everything I have read about this family, it does not sound like their style to sue for the money. It does however sound like the lawyer has manipulated them into the age old “it’s not about the money, it’s about making sure it never happens again ” like it’s their duty to do this for the public safety

By: chilliworker2

chilliworker2 — Mon, 20 Jul 2015 08:49:36 +0000

to all the above:
you’ve all made very strong comments without even knowing if rabbi gross asked a sha’aleh, which i’m sure he did.
without even being familiar with this sweet, shy, talmid chochom of a person…
He would NEVER do anything without asking someone greater than him.
you are ALL מוציא שם רע!!

By: Moshe B

Moshe B — Mon, 20 Jul 2015 05:55:58 +0000

Shlomo, is Bava Kamma applicable only in cases where the din Torah will not bankrupt the mazik? What about the rest of Choshen Mishpat? Are you requiring litigants in front of a B”D to go lifnim mishuras hadin? As far as I know, they are to be discouraged from litigating under the strict letter of the law in favor of peshara, but may insist on din if they so choose. Respectfully, do you have a source for your position? Thanks.

By: Mrs. D

Mrs. D — Mon, 20 Jul 2015 03:23:55 +0000

I don’t get it. I thought they quickly made a point of publicly forgiving the exterminator. I sense that they were talked into this lawsuit.

By: Shlomo 2

Shlomo 2 — Mon, 20 Jul 2015 03:03:06 +0000

To #2: I have no idea what the motivation is, but as I wrote above, those who sue for millions ALWAYS say it’s not about money, the recent NY suit being a case in point. (YET they ALWAYS sue for millions and fight for every nickel of it — and divide the money between themselves and their lawyers.

However, unlike in the NY case where one could possibly claim there has been ongoing brutality and discrimination, I am not aware of such a thing ever happening before in EY, so I don’t quite understand what the suit is trying to fix, nor do I understand how it is halachically justified.

You think bankrupting Terem, the exterminator, and their insurance companies will benefit anyone other than those who will receive the money? If so, please explain.

By: Moshe1994

Moshe1994 — Mon, 20 Jul 2015 02:24:50 +0000

@ 1 I agree 100%, there is no basis in Halacha that allows someone to sue for millons of dollars. Lawsuits are part of the secular justice system.

By: chareidi amiti

chareidi amiti — Sun, 19 Jul 2015 23:31:23 +0000

I feel it is important to stress that it appears that the motivation of the lawsuit is not financial benefit. The hope is to drive home the magnitude of the responsibilities of people in such positions, to prevent such a tragedy from happening to any one else.