Orbiter Jessica vs The Physiotherapist Corp - 04Sep2019 » YANIV, Jessica v H MORRIS & N SZUCS PHYSIOTHERAPIST CORP

Agoraphobic Bullshit said:
I think it's also worth noting that even if this did all happen, the laws around negligence and being able to sue are pretty different between Canada and the states. A simple accident wouldn't be enough to get money, it would have to be shown that the PT's did things to be deliberately negligent such as disregarding health codes, not using or maintaining safety equipment, etc. Because of our healthcare, huge medical bills aren't really a thing and we have laws to protect your job if you're temporarily disabled, so suing because of lost wages (as if he has any) or medical bills isn't really a big thing here.

Often an accident is just seen as "tough shit" up here.
Click to expand...

This is just completely incorrect. "Deliberately negligent" is practically an oxymoron, and negligence is taught in torts law classes and expressly distinguished from what are categorized as "intentional torts."

As much as Yaniv is obviously m!lking this for all it's worth, this suit is not as clearly frivolous and clearly losing as people in this thread are making it out to be. But I can't really comment further about his odds without a bunch of specific details about the incident that aren't public knowledge at this point.

The sad thing is that as much as Yaniv is an idiot, he actually has a better grasp on Canadian law than most of the people who comment on it here...
 
  • Like
  • Informative
  • Thunk-Provoking
Reactions: spiritofamermaid, iforgotmypassword, Jammy Fanny and 9 others
KeepHopeAlive said:
He did not have a seizure. He's lying.

"I believe I received a seizure ..." is nowhere even close to a truthful statement.

"I believe ...." has no reliable commitment to it.

"I received a seizure..." is passive language, again no reliable commitment to truth.

Johnny boi is a liar, but not a good one.
Click to expand...
He is absolutely lying. There was no seizure, because I don't believe there ever has been a seizure. He claims to have epilepsy, and yet fakes a seizure to prove he has epilepsy? Who does that? Someone who is a liar and a fraud, that's who.
 
  • Like
  • Agree
Reactions: Dial M for Misgender, Hellion, spiritofamermaid and 5 others
An examination of Yaniv's claim.
“I came in with my mobility scooter:” Points to preexisting conditions, and opens up whether he fully disclosed all conditions on intake. Opens up an examination of his proclivity for deception in relation to whether he has an actual disability.

“My lower back was still on the bed with my head and upper back facing towards the floor”: this sounds like a sudden drop of the back of the bed, but the extent of the failure, (the angle) would be limited by the structure of the bed. This hyper extension with limited spinal compression would likely cause thoracic pain rather than hip and lower back pain, which are more likely injured in a heavy lifting activity.

“..seizure.. I do not remember …” a catch all to account for holes in evidence and is in conflict with the reported flow of conversation. If a seizure had occurred it’s unlikely the “oops the bed broke” comment would have been the first thing he heard, conversation would more likely be a response to the “seizure”. On initial intake, Yaniv would have completed a disclosure form. Listing or not listing seizures as a pre existing condition would be probative. I would be surprised if he listed seizures because he compartmentalises his medical "issues", but anyway, his entire medical history is now open to scrutiny.

“I did proceed…” if the incident/injury had occurred it is unlikely the patient or the clinicians would proceed with an appointment without confirming the patient is ok, getting a clear indication that there is no injury, and if any loss of consciousness, most definitely an ambulance would have been called. Did they comp him? That would be a partial admission. Did he pay? Indicates there were likely no issues at that time for the King Of Comps. (any reviews by him of this business?)

“To this day….” This opens up to a thorough and forensic enquiry of any and all of Jonathon Yaniv’s medical history, past, present, and future. It also allows for an investigation of fraudulent claims, and gives great incentive for the neverending close scrutiny and recording of all activities, online, IRL, in any public space.

“reasonable care..” is under a general concept and is the only area of claim I can see being successful. The duty of care extends to foreseeable risk, (see non disclosure) and failure to provide, operate and maintain “safe” treatment tables might be proven, but the damages are limited to actual damages. Yaniv has an uphill battle corralling his pain and suffering and injury to this particular event let alone making a successful claim. He might get some "go away" money, but I suspect Big Insurance might like an opportunity to swat this particular nuisance once and for all.
 
  • Like
  • Informative
  • Thunk-Provoking
Reactions: dopedodo, spiritofamermaid, heathercho and 15 others
yesthatanna said:
I just paid for it and was going to post it. Thank you for getting to it first!

What a fucking loon. Poor physiotherapist.
Click to expand...
Screen Shot 2019-09-06 at 6.14.41 PM.png
 
  • Like
  • Winner
  • DRINK!
Reactions: Picklechu, Papa Adolfo's Take'n'Bake, spiritofamermaid and 18 others
Cato said:
This is just completely incorrect. "Deliberately negligent" is practically an oxymoron, and negligence is taught in torts law classes and expressly distinguished from what are categorized as "intentional torts."

As much as Yaniv is obviously m!lking this for all it's worth, this suit is not as clearly frivolous and clearly losing as people in this thread are making it out to be. But I can't really comment further about his odds without a bunch of specific details about the incident that aren't public knowledge at this point.

The sad thing is that as much as Yaniv is an idiot, he actually has a better grasp on Canadian law than most of the people who comment on it here...
Click to expand...
He has to have, those designer rags aren't going to buy themselves.
 
  • Like
  • DRINK!
Reactions: spiritofamermaid, s0mbra, Zeebie and 3 others
wabbits said:
His complaint reads like he climbed onto an adjustable treatment table and, rather than ending up lying with his head higher than his feet or lying flat, the table dropped his head down lower than his feet to some degree.

Haven't found a table design that makes it seem like a possibility (addition: spoiler below has one or two) unless he climbed on with his ass so close to the head end of the table that his head was actually sticking up beyond the end of the table - y'know, like your head's above the back of a chair and if the chair tipped back, you'd see the wall behind the chair.

View attachment 925907

He talked endlessly about a brain tumor starting in May this year - it was his big ongoing drama at the time of the PT incident - but he's been quiet about that for awhile. Null's IRL source said it wasn't a tumor - it's hydrocephalus. See the Munchie thread for more about that. He's claimed to have seizures, concussions, and memory lapses before the PT incident, too.

What's more germane to the PTs' defense is that in the days after the incident, his social media shows him going about his business with no complaints of back pain. He complains about plenty of other shit - like hot flashes - but nothing to do with the PT incident and he's out posing for selfies with Mounties and flitting around a beauty pageant breakfast like everything's fine, better even than before the incident when he was at the hospital every day and using a scooter or wheelchair.

Edits:
So here, the end with the divot for the head is lower than the end for the feet. If a PT didn't tighten the right knob enough before our pretty princess reclined, he could have ended up seeing more wall than expected.
View attachment 925931

Here, the drop-down end's meant to be where your feet rest, but maybe...?
View attachment 925938
Click to expand...
Perhaps by collapse, he means the adjuster underneath wasn’t tightened enough and the table collapsed down to a folded state.
 
  • Like
  • Thunk-Provoking
Reactions: spiritofamermaid, TheBlackVolga, Junkail and 3 others
wabbits said:
I think he's hoping their insurance company will just offer him a settlement. Dude's having to sell his bras on FB Marketplace, y'know? Tough times for our dainty diva.

Yaniv might settle very low, though, if the PTs' lawyer announced they'd subpoena Yaniv's social media content to show how he was conducting himself after the incident and provide the court with Rebel videos of him chasing his runaway walker and wailing on a reporter with his cane.
Click to expand...
They aren't gonna have to subpeona shit, if small claims is the same as the US then there is no discovery or anything, you just show up with your evidence, it is for matters so simple that you should not need a lawyer to help you. That footage of him hitting a reporter with his cane is some extremely good evidence that he doesn't have a debilitating back injury. If they hired a lawyer they might tell them to settle, but then again this would be such an easy case that maybe they wouldn't. There are lawyers that will take like 100$ and walk you through what you should bring and what you should argue at small claims court, not as a retainer but as advice. These people could probably win without any help though, there is so much to work with.
 
  • Like
  • Informative
Reactions: Hellion, spiritofamermaid, Junkail and 4 others
Ya'll are good pullin his covers...LOVE IT

Consider also...un DXed injury...

"Treatment is required"...How does he know that?

"Doesn't seem to be a near future resolution"...Same question...How does he know this?

"Substantial damages claimed"

Well if 35K covers any future treatments of surgeries? Jonny could be selling himself short

It was 10K to have 2 verts fused in the neck.....

a TBI is good for 100K easy (with full recovery in a year)

So for shits & giggles lets say jonny needs 10K in surgery

Aftercare, checkups, therapy & such another 5K

Loss of income for X?

jonny doesn't seem to place much value on himself anymore it seems?

Again...I'm not familiar with Canadian smalls claims...in the states U CAN'T have a lawyer present...U have to represent Urself.

"“He who represents himself has a fool for a client” "
 
  • Like
  • Thunk-Provoking
Reactions: spiritofamermaid, Ellesse_warrior, A Pare A Teeth and 2 others
sperginity said:
They aren't gonna have to subpeona shit, if small claims is the same as the US then there is no discovery or anything, you just show up with your evidence, it is for matters so simple that you should not need a lawyer to help you. That footage of him hitting a reporter with his cane is some extremely good evidence that he doesn't have a debilitating back injury. If they hired a lawyer they might tell them to settle, but then again this would be such an easy case that maybe they wouldn't. There are lawyers that will take like 100$ and walk you through what you should bring and what you should argue at small claims court, not as a retainer but as advice. These people could probably win without any help though, there is so much to work with.
Click to expand...

The PT location he went to is part of a group headed by Howard Morris. They will have been insured for episodes like this and their insurer will drive the kind of response Yaniv receives.
 
  • Like
  • Agree
Reactions: dopedodo, spiritofamermaid, Jammy Fanny and 9 others
AbraCadaver said:
That’s the only way he likes to respond...with a loud bark from behind a very strong, very tall fence. Because he’s a fat coward.
Click to expand...
jonnies like a circus Bear..... they growl a lot....they don't have any teeth tho....All bark & no bite.

BTW...how's his case against NY fries?

wabbits said:
The PT location he went to is part of a group headed by Howard Morris. They will have been insured for episodes like this and their insurer will drive the kind of response Yaniv receives.
Click to expand...
In the states the Docs lawyers could require jonny to see one of their Docs or a neutral (court appointed) Doc

Can U imagine jonny having to see a Doc not of his choosing?

None of his "I'm not answering that" bullshit

Is there any way jonny can drop this as no fault? or is he stuck in it now?

Hell....they should check him for early onset menopause...
fainting...hot flashes

That would so fuck up his world....menopausal & no need for tampons anymore

Someone should ask him about his PMS?
 
  • Like
Reactions: spiritofamermaid, s0mbra, Zeebie and 2 others
Cato said:
This is just completely incorrect. "Deliberately negligent" is practically an oxymoron, and negligence is taught in torts law classes and expressly distinguished from what are categorized as "intentional torts."

As much as Yaniv is obviously m!lking this for all it's worth, this suit is not as clearly frivolous and clearly losing as people in this thread are making it out to be. But I can't really comment further about his odds without a bunch of specific details about the incident that aren't public knowledge at this point.

The sad thing is that as much as Yaniv is an idiot, he actually has a better grasp on Canadian law than most of the people who comment on it here...
Click to expand...

Thank you for the correction, apparently my understanding was way off. I'll amend my post.
 
  • Feels
  • Like
Reactions: The Un-Clit, Zeebie, A Pare A Teeth and 3 others
You must log in or register to reply here.
Back