Dentist sues Lidle estate over crash

[INDalltheway]

http://sports.espn.go.com/mlb/news/story?id=2784924
NEW YORK -- A dentist to the rich and famous has filed a $7 million lawsuit against the estate of late New York Yankees pitcher Cory Lidle, claiming his home was destroyed when the ballplayer's small airplane crashed into his apartment building.

Dr. Lawrence Rosenthal says in court papers that after Lidle's Cirrus SR-20 aircraft crashed into the Manhattan building where he lived with his wife and teenage son, they had to vacate their 43rd-floor apartment.

Rosenthal, whose patients include Donald Trump, Bruce Springsteen and Catherine Zeta-Jones, said his apartment sustained "severe damage, including broken windows, smoke damage, loose bricks and extensive other damage" that forced them out.

The plane, with Lidle and flight instructor Tyler Stanger aboard, hit the Upper East Side building on the 30th floor, 13 floors below Rosenthal's apartment, on Oct 11. Lidle, 34, and Stanger, 26, were killed in the crash.

The two had taken a midday flight past the Statue of Liberty and north up the East River. They apparently had trouble when they tried to turn and head south.

The National Transportation Safety Board investigated, but its report said it reached no final conclusions about the cause of the accident, nor did the agency's report say who was at the controls when the airplane crashed.

Rosenthal's lawyer, David Jaroslawicz, said Thursday that "everything was destroyed" in his client's home and the family has been renting while waiting to return. He said their home is actually three apartments joined to make one apartment that is worth "several million dollars."

Rosenthal's lawsuit, filed Wednesday in Manhattan state Supreme Court, names Lidle's wife, Melanie Lidle, as the defendant in her capacity as administrator of her husband's estate.

A lawyer for her, Robert N. Clarke Jr., issued a statement saying attorneys for the Lidle and Stanger families had filed wrongful-death lawsuits against Cirrus Design Corp., maker of the airplane, in California. He said the lawsuits allege product liability, negligence and other complaints.

A spokeswoman for Cirrus Design didn't immediately return messages left on her office phone and cell phone Thursday.

Rosenthal was in the news in January, when he sued best-selling dating-book author Ellen Fein for $5 million after she called him a quack on the LyingDentist.com and BadDentist.com Web sites. She accused him of ruining her mouth.

The lawsuit accused Fein, author of "The Rules," of defamation, harassment and extortion.

Fein's lawyer, Ann McGrane, said she planned to file a motion to dismiss Rosenthal's lawsuit, and she said she was sure it would be granted.

The part that got me was the end, when it says the dentist had another big money lawsuit in January. Setting a great example for his son...

[Ksyrup]

Um...if someone publicly called you out as a liar and a bad whatever it is you do for a living, you wouldn't at least consider a lawsuit? Putting aside the merits of this case, the other lawsuit this guy filed seems fairly justified - at least until the author can prove otherwise. I would think accepting that kind of public commentary without a fight would be setting a bad example for his son. Particularly when you're someone as high profile (for a dentst, anyway) as this guy is. Clearly, those coments could hurt him professionally. They might be true, but I have to think there's another side to the story, and he's entitled to press the author to prove what she said is true.

As far as the Lidle lawsuit...did this guy skimp on his insurance or something?

[Butter]

As far as the Lidle lawsuit...did this guy skimp on his insurance or something?

That's what I was thinking. Or else he's got a persuasive lawyer with $$ in his eyes.

[Bee]

Don't pilots have to have some type of insurance to cover things like this?

[Ryche]

If a person drives their car into the side of my house, wouldn't they or their insurance company end up paying for it? How can it be any different when it's an airplane? It's sad for the family, but I can't really blame the dentist, even if he is extremely rich already.

[Ksyrup]

He probably had some expensive artwork that he didn't bother to insure, or that he tried to claim and the insurance company refused to pay since it went above and byond the limits of his coverage.

[Vinatieri for Prez]

Um, even if he had insurance, which I am sure he did, a lawsuit would still be filed against Lidle for the damages in the dentist's name. The insurance co. would be running the case to recover what it paid the dentist. It's called subrogation. There is also a chance that something's that were damaged may not have been insured/fully insured such as artwork, etc. and in addition, the dentist would want to recover his deductible or if the value of his house was more than the insurance. This happens every time when insurance was involved. And it is obviously a legitimate lawsuit.

[Ksyrup]

This doesn't appear to be the subrogation lawsuit, but rather a lawsuit filed by his personal attorney. But in any event, both lawsuits are valid ones to recover either the proceeds paid by the insurer or amounts over and above what insurance paid the insured.

[Vinatieri for Prez]

This doesn't appear to be the subrogation lawsuit, but rather a lawsuit filed by his personal attorney. But in any event, both lawsuits are valid ones to recover either the proceeds paid by the insurer or amounts over and above what insurance paid the insured.

Anyone filing in his name for subrogation will be named the dentist's attorney. Technically, the dentist is the party actually being represented. Also, sometimes you can convince the insurance company to use the attorney of the insured's choice if it they are particularly good; reduce rates to what insurance co. likes; there is a substantial claim over and above the insured amount.

[Ksyrup]

I know that, but this looks like the guy's personal attorney, and it's rare that the insurer would pay the kind of rates the attorney for a multi-millionaire would command. Could be, but I tend to doubt it. Unless he's footing the bill above what the insurer is willing to pay.

[SFL Cat]

Okay, the plane hit 13 floors below his apartment, but he's the one suing???

[Craptacular]

Okay, the plane hit 13 floors below his apartment, but he's the one suing???

Yeah, either the 13 floors is a misprint, or this is total BS. Go look at these pictures:
hxxp://news.bbc.co.uk/1/hi/in_pictures/6042484.stm

It is pretty clear that apartments even a couple floors away had all their windows intact. There is damage in the immediate area, and directly below, but the only thing I could see happening 13 floors above is some limited smoke damage.

According to the NYC property records, his apartment (parcel #1-1483-1122) has a "market value" of around $600K, while assessed at a little over 250K. I know little about NYC property, but perhaps someone more familiar can venture a guess as to whether or not his property is actually worth millions.

[Schmidty]

CAN WE PLEASE STOP WITH REPLIES THAT START WITH "UM....."?!!!??!?!?!?!?

ARRRGHHHHHHHHHHH!!!!!!!!!!!!!!!


Carry on.

[Bee]

CAN WE PLEASE STOP WITH REPLIES THAT START WITH "UM....."?!!!??!?!?!?!?

ARRRGHHHHHHHHHHH!!!!!!!!!!!!!!!


Carry on.

um...ok.

[BYU 14]

Anyone filing in his name for subrogation will be named the dentist's attorney. Technically, the dentist is the party actually being represented. Also, sometimes you can convince the insurance company to use the attorney of the insured's choice if it they are particularly good; reduce rates to what insurance co. likes; there is a substantial claim over and above the insured amount.

Actually this is a personal suit as the Insurance Company will initiate the subrogation process once the claim is settled. Think of subrogation as a lein by the Dentist's Insurance company. His personel Insurance will pay for damages (If covered) to allow him to replace his possesions in a timely manner as these things can drag on in court. They will then seek reimbursement from the settlement with Lidle's Insurance/estate. If there had been injuries his personal Health Insurance would have done the same thing on that end.

The Dentist should have the right to have his life put back to normal......Just real shitty for Lidles Wife to have to endure this though as it will undoubtedly get messy.

[Vinatieri for Prez]

Actually this is a personal suit as the Insurance Company will initiate the subrogation process once the claim is settled. Think of subrogation as a lein by the Dentist's Insurance company. His personel Insurance will pay for damages (If covered) to allow him to replace his possesions in a timely manner as these things can drag on in court. They will then seek reimbursement from the settlement with Lidle's Insurance/estate. If there had been injuries his personal Health Insurance would have done the same thing on that end.

The Dentist should have the right to have his life put back to normal......Just real shitty for Lidles Wife to have to endure this though as it will undoubtedly get messy.

Sure, but how do you know the claim hasn't been settled yet? There's no need for that part to drag in court. There is obvious liability for payment for damage by the insurance co. That's a pretty easy quick decision. The only bone of contention between the insurance co. and the dentist will be the value of his claim. There's no need to wait for that to come to a conclusion before filing the lawsuit against Lidle (since there is no doubt the insurance co. will be paying something), that lawsuit itself will take much longer than than it will for the insurance co. and the dentist to iron out their differences on valuation (especially with Lidle making a product liability claim against the plane manufacturer). Plus, even if they don't iron out their differences, they will both have wanted the lawsuit started early to be that much closer to a judgment against Lidle. Depending on what can be proven for damages/valuation in the Lidle lawsuit, it may play a role in the valuation decisions between the insurance co. and the dentist. You simply cannot say at this point it is a personal suit only by the dentist. That is the least likely scenario.

[Logan]

According to the NYC property records, his apartment (parcel #1-1483-1122) has a "market value" of around $600K, while assessed at a little over 250K. I know little about NYC property, but perhaps someone more familiar can venture a guess as to whether or not his property is actually worth millions.

Upper East Side apartment...even if it was a complete dump...would be a couple million. It's probably an accurate amount.

[BYU 14]

Sure, but how do you know the claim hasn't been settled yet? There's no need for that part to drag in court. There is obvious liability for payment for damage by the insurance co. That's a pretty easy quick decision. The only bone of contention between the insurance co. and the dentist will be the value of his claim. There's no need to wait for that to come to a conclusion before filing the lawsuit against Lidle (since there is no doubt the insurance co. will be paying something), that lawsuit itself will take much longer than than it will for the insurance co. and the dentist to iron out their differences on valuation (especially with Lidle making a product liability claim against the plane manufacturer). Plus, even if they don't iron out their differences, they will both have wanted the lawsuit started early to be that much closer to a judgment against Lidle. Depending on what can be proven for damages/valuation in the Lidle lawsuit, it may play a role in the valuation decisions between the insurance co. and the dentist. You simply cannot say at this point it is a personal suit only by the dentist. That is the least likely scenario.


I am just saying Subrogation is the last thing to happen and his Lawyer will not be the one initiating that action as he is here.....I've probably done several hundred Subrogation files when worked in that area of Insurance so I am pretty certain this action is not part of that process.

Regardless with the values being bandied about here this will probably drag on for a while. Like I mentioned in my first post I just feel bad for any Family that can't put closure to something so tragic because it is tied up in litagation for Months or even years.

[Vinatieri for Prez]

Upper East Side apartment...even if it was a complete dump...would be a couple million. It's probably an accurate amount.

Also, apparently, the article says the home stretched through a number of former apartments on a floor.

[Vinatieri for Prez]

I am just saying Subrogation is the last thing to happen and his Lawyer will not be the one initiating that action as he is here.....I've probably done several hundred Subrogation files when worked in that area of Insurance so I am pretty certain this action is not part of that process.

Regardless with the values being bandied about here this will probably drag on for a while. Like I mentioned in my first post I just feel bad for any Family that can't put closure to something so tragic because it is tied up in litagation for Months or even years.

I've had experience with it too, and so I have seen this. So, we'll agree to disagree somewhat. His death was already 5 months ago. No reason to wait to file seeing how the lawsuit will take several months/years. Everything can be worked out in the meantime.