Posted by:
elderolddog
(
)
Date: July 25, 2016 10:17PM
The case Kori referred to, Rosenberg v. Harwood & Google, was based on a January, 2009 incident in Park City. Ms. Rosenberg, a 20-something from Northridge, CA, was hit by Mr. Harwood's car as she was crossing at an intersection, apparently at 6 a.m., which in January is still dark. I gather that Harwood's insurance, assuming he had insurance, wasn't offering enough to get the case settled, so in May of 2010, Rosenberg's attorney filed suit, naming Google on a theory that they failed to warn her that their purported walking route involved a highway with no sidewalks. In short, they failed in a duty the attorney felt was owed to her.
I don't know (meaning I stopped looking for) what happened between Rosenberg and Harwood, but contrary to Kori's assertion, Google's pleadings to be discharged from the law suit was granted by the trial court. The judge's theory being that to extend liability to Google in such instances, would result in the following:
"If Google, as a publisher which widely disseminates information, could be held liable for providing faulty information, this could lead to unlimited liability for Google. Rosenberg argued that the burdens to Google could be ameliorated if Google posted 'a statement that included a warning of dangers of which Google knows or should know along a potential route,' but the court notes that this would dramatically increase the burden on Google. Under Rosenberg’s theory, Google would have to investigate and warn about all foreseeable risks, 'which might include negligent drivers, drunk drivers, dangerous wildlife, sidewalks or roads in disrepair, lack of lighting, and other risks that might only exist during certain times of day.' This burden would be difficult, if not impossible for Google to bear. The court also looks to the social utility of the service provided by Google (under the benefit/burden analysis formulated by Learned Hand) and finds that the service provided by Google has a high social value."
("Learned Hand" is Judge Learned Hand, of the New York Court of Appeals, who has been called the most influential judge who never served on the SCOTUS. Weird, huh?)
Now, is it possible that Roseberg's attorney appealed the decision? Yes. But I did find a summary of this case in a 2015 article and no mention was made regarding the court's finding re Google being overturned.
http://blog.ericgoldman.org/archives/2011/06/injured_pedestr.htmhttp://blog.yodalearning.com/2015/01/13/stupid-lawsuits-tech-giants/It's in my nature (and business) to not take a person's word for it. Sometimes it means I'm disappointed...