Rotagram February 20, 2002

THE HISTORY OF TORT LAW

One thousand years in a 20-minute PROGRAM by Rotarian, Historian, Insurance Attorney ART LEVINE

Meeting preliminaries began with CSUF Arboretum Prexy Greg Dyment intoning the Pledge. FCLO Impresario Griff Duncan led the Indefatigable Choristers Jim Blackburn, Bob Savage and Jim Young in familiar Patriotic and Club melodies.

Rick Price's "Thought for the Day" counseled Rotarians to "Learn from the past, live for the present -- and take a nap this afternoon". (PREZ Peloquin was seen whispering to Rick that it was "not good form" to thus admonish the brethren when the Program Speaker was within earshot!)

Mike Oates regaled the luncheoneers with musical comedy hits on the piano. Among the selections was "I Only Have Eyes for You" which struck a chord with Tony Amato who was ensconced among the ladies at Table No. 5. with his guest, George Bectkloff.

VISITING ROTARIANS (a BATCH!): Kathleen O'Neill -- Yorba Linda Sunrise; Wayne Patterson -- Fullerton Sunrise; Lewis A. Argano -- Renton, WA, Senior Active. Lewis has logged in Perfect Rotary Attendance for 58 years. (From his fit appearance he must have joined Rotary while in the Third Grade!)

GUESTS ( Host Rotarians should avoid identifying their guests as prospective members. Don't preempt the Board. Bad Form!) Howard Wood -- Guest of PREZ PELOQUIN; Jim McKamy -- Guest of Past Prez Wally Bartelt; Brad Campbell -- Guest of Mark Geiss; Drew Napolin -- Guest of Jo McAuley; Stephanie Vobl and Rob Webb--Guest of John Phelps; and Paul Thompson -- Dave Schoen's Son-in-Law

RAFFLE: Visitor Ron Webb won with #7563 but was baffled (as I presume were many attending Rotarians!) by the Question, "What are the TEN characteristics of a Rotarian?" Rob guessed , " Never choose paying a fine in lieu of Making-Up". Noble thought, but it only qualified for the $10 consolation.

"ROTARIAN OF THE WEEK" -- CHRIS FRASCHETTI, for organizing last week's Valentine's Program. Chris gave due thanks to her assisting Rotarians, Debbie Koff, Amy Kluth and Julie Kemp.

Cameron McCune --FSD Superintendent and Jim Hogg -- WSU College of Law Dean

March 1st: -- YWCA Chocolate Fantasy @ Embassy Suites
Top 100 High School Students Banquets
May 14th: Sunny Hills HS and May 28th -- Troy High HS; May 17-18th District 5320 Conference;
July 10th -- Demotion Night;
To be announced -- CSUF Rotary Room Dedication.

Jim finished with a classic tale about the affluent man who accosted a homeless beggar on the street who professed he neither drank, gambled nor played golf. Arriving at his palatial home to a nagging wife, the rich man said, "See what I'll become if you complain about my drinking, gambling and golf playing!"

History PhD Art Levine gave us a very lucid program about how and when Tort Law started. There was no perception of liability in early England. Risk was compensated for in wages. Liability was related to "consumption". If you got drunk it was your fault. The barman merely provided the means for your poor judgment. In the Mid-1900s the idea of "trespass and deceit" arose in connection with industrial and commercial business. The advent of the railroad and speed of transportation led to changes in the law. Supreme Court Justice Benjamin Cardozo wrote a landmark opinion in the McPherson Case involving "responsibility" . "Who should be responsible ?" Tort law has undergone many transmutations since the issues of "No-Fault" and "Deep Pockets" issues arose. The lack of consistency in interpretation of various federal, state and regional statues by jurists will remain a problem. The torrent of new attorneys entering the profession may help to lower real estate office vacancy rates, but will do little to simplify the Tort morass in the courts. (Writer's opinion)