Skip to comments.Fountain Lady: 'Nobody Went to My Aid' (another senseless lawsuit)
Posted on 01/20/2011 1:29:38 PM PST by squidward
Cathy Cruz Marrero ponders lawsuit after video of her fountain fall goes viral.
(Excerpt) Read more at news.yahoo.com ...
I rarely post topics, so I hope I did everything according to the rules.
Aid for what? Looks to me like she climbed out of that fountain just fine by herself.
Suing because your EMBARRASSED is idiotic and will fail.....like she FAILED by not being able to walk and text without falling into a fountain ....lmao idiot. =.=
It's been posted multiple times, if that's what you're asking.
Good post. Sleezy lawyer, dumb twat.
I saw that video. It was pretty funny. Seems to me, if I was texting and fell in the drink, I’d want people to do just what they did: walk on by and pretend nothing happened. Plus, if she hadn’t identified herself, who would have known? All we saw was a silly texter taking a header into the fountain. We would never have known her identity if she had let it go at that.
You can’t FIX STUPID!
She should be fined for bringing a frivolous law suit.
When do people start taking responsibility for their own stupidity and stop believing they are entitled to rewards for being stupid?
It is impossible to completely plan and protect against stupidity. Two facts jump out here: (1) it is apparent from the video that she needed no aid, and (2) the mall security that released the video did not cause her any public humiliation whatsoever because she is absolutely unidentifiable in the video. Any pain, suffering or public humiliation that she endures was self inflicted by her going public of her volition. Let us not get stuck on stupid here.
I always have an expectation of privacy when I’m in the mall. Doesn’t everyone?
Where would ambulance chasers be without morons.
I love the Internet/FR.
I am tired of all this the lady is lieing that was me dressed up as a woman so if there is any money made it should all go to me. I was so emabarrassed I could not come forward till now.
What the heck I watched it you can not tell it is her so I am counter claiming it was me!
Everyone was probably rolling on the floor laughing. How could she possibly expect any one of them to help her?
This will lead to a new law requiring all fountains to have warning labels.
Life is tough, but it’s tougher when you’re stupid.
John Wayne quotes
She needs to sue the manufacturer of her device if she wants deep pockets.
there is no duty to help her.
She needs the slammer.
I did a search using the words mall fall and only got the initial story from several days ago. My bad!
The lawyer should have to be EQUALLY responsible if he actually files this. In fact the local bar should examine him for sanctions if this is filed or even used for extortion. This is trial by tv.
Well, she looks like a real mouth-breather when you see her close up. She should just have shut up and avoided scrutiny for her stupidity. But can we spell trial lawyer, children?
They should sue her for messing up the fountain and creating a wet hazard after she got out, then.
She wasn't in there long enough to have anyone help her.
I hope her Text-message went through - it must have been important.../s
This woman worked for the security department in the mall. I believe she is suing her bosses for releasing the video and not running to her aid.
On lookers don’t provide BRAIN transplants. But they do have great phones.:-)
Ponders HA! Pond....ponders - nice use of wording at Yahoo!
‘Nobody’ came to her aid. Is she suing, then, ‘Anybody.’?
Reminds me of Odysseus and the Cyclops.
"Your client is an idiot." Case closed.
It’s totally her fault. She wasn’t paying attention.
The Reading woman who became an Internet sensation by falling into a fountain while sending a text on her cell phone was in Berks County Court on Thursday for a status hearing on theft-by-deception and related charges.
Cathy A. Cruz Marrero, 49, was charged in October 2009 for using a co-worker's credit cards to make more than $5,000 in purchases at two local stores.
But $1,055 of those purchases were dismissed from the case in previous hearings.
She also has several theft cases and a hit-and-run charge on her record.
Her appearance Thursday before Judge Peter W. Schmehl was shortly after she and her Reading attorney in the Berkshire Mall case, James M. Polyak, went on ABC's "Good Morning America" to talk about the fall into the fountain.
Her Reading attorney in the theft case, Douglas J. Waltman, said Marrero has applied for intermediate punishment, which can include restitution.
The case is pending.
He declined further comment.
Polyak said the theft charges have nothing to do with the mall case.
"Her prior personal affairs have nothing to do with what happened to her at the Berkshire Mall and the video that has been posted," Polyak said.
Polyak said he's also confused by those posting on websites accusing Marrero of staging the accident and seeking money.
"For that to be true, she would have had to known this was going to be posted to YouTube," he said.
He also noted that nothing has been filed in county court on her behalf.
"What we want is an apology," he said. "We also want to know what happened, how it happened and who is responsible and then we'll go from there."
The security contractor for the mall released a statement Thursday saying it has fired a security guard responsible for releasing the video.
When reached by phone, Marrero acknowledged she was in court Thursday morning.
Speaking to someone who was apparently nearby, she said, "The reporter got my court papers."
"But I have to talk to Jim (Polyak) before I talk to anybody," she added.
She declined further comment.
She has been free on $7,500 bail since she was charged.
Intermediate punishment is an alternative to jail, said Assistant District Attorney Melissa J. Noyes, the prosecutor in the case.
"She would otherwise potentially be looking at going to jail under the guidelines for sentencing," Noyes said.
During the intermediate punishment process, Marrero must submit urine samples twice a week and check in regularly with court officials, Noyes said.
"This is like practice probation," she said.
The program also includes counseling for substance abuse if needed, but that is not required in Marrero's case, Noyes said.
"She is still on track to enter a guilty plea at some point down the road, assuming she complies with all the conditions," Noyes said. "She's looking for house arrest instead of going to jail."
Marrero owes $4,177 in restitution, Noyes said.
"As part of alternative sentencing, we normally ask you to pay half of restitution as a good faith showing," Noyes said. "She hasn't done that at this point. She asked the judge for more time and opportunity to come up with the money."
Her next court date is April 21.
"We'd like to see sentencing happen then," Noyes said.
Marrero is likely facing about six months of house arrest and electronic monitoring.
According to court documents, Marrero has convictions for retail theft four times and one other theft in New York from 1997 to 1999 and retail theft in York County in 1999.
She also served a year of probation after being convicted of a hit-and-run charge in Berks County in 2009.
According to court records:
The hit-and-run case stemmed from an accident April 23, 2009, in the 900 block of Perry Street.
She ran a stop sign and struck a car, which then hit three parked cars. Two of the damaged cars had to be towed.
Cruz, who was driving with a learner's permit, told police she panicked and drove off.
She was charged with careless driving and related charges and sentenced by Judge Thomas Parisi to one year of probation.
In the most recent theft case, according to Berks court records:
Ileana Rivera of Reading, who worked at the Zales jewelry store in the Fairgrounds Square Mall with Marrero, went to Muhlenberg Township police in October 2009 to report that Marrero had used Rivera's credit cards without Rivera's permission.
Marrero made $4,177 in purchases at Zales and $1,055 in purchases at Target in Spring Township using Rivera's cards for those stores.
The transactions occurred around the time of August 2007.
Rivera admitted she at one time had permitted Marrero to use her Target credit card to make a small purchase but did not give her permission to make other purchases.
Criminal charges regarding the $1,055 purchases at Target were dismissed in previous hearings.
In August 2007, Rivera noticed she hadn't received her Zales credit card bill and, after checking with Zales customer service, found that her address on the account was changed to that of Marrero's in the 400 block of Bingaman Court.
The same thing occurred with Rivera's Target card.
"Cruz (Marrero) changed the addresses on the accounts so that the bills would come to her and Rivera would not know about them," police said in court documents.
Marrero promised Rivera from August 2007 to September 2009 that she would make payments to Rivera, but Marrero did not.
Rivera had to make the payments to maintain her credit status.
Marrero has been the focus of worldwide publicity over the last week since videos were posted to YouTube and Facebook of her tumbling into a fountain at the Berkshire Mall while she was sending a text message on her cell phone.
Marrero, who works in a store at the Wyomissing mall, said she hired Polyak and came forward publicly to highlight the dangers of texting while walking, privacy issues and security problems at the mall.
Mall officials have not returned calls seeking comment.
The fall on Jan. 12 was caught on security camera video and was posted to YouTube.
Marrero has complained that security laughed about her accident instead of checking on her well-being.
Learner’s permit at her age? Hmmmm...
Don't be so fast, there's additional video of you/her entering a dressing room with some guy..........Hmmmmmmmm
Lmao yeah didnt think of that, anyway how do they know that is actually her in the video I think she just saw the video on the net and saw an easy way to make money no way you can prove it is actually her in the video .
She’s another half-wit who thinks there should be someone THERE all her life long to hold her hand.... and save her from her own stupidity!!!
I’d like to be the first to thank fountain lady for her part in stimulating our economy through new job creation.
All malls will now have to hire “fountain guards” to patrol the perimeter off all fountains to keep stupid idiots who aren’t paying attention to where they are walking, because they make the conscious choice to text and walk at the same time, from falling into the fountains. Probably will need several to keep all sides of the fountain protected at all times.
That will be more jobs than BO’s created.
The rest of the world already knows the answers to that stupid statement......and she's hired you to find out??????
I think you passed Law School 101...remember in 3rd grade, you had to write a narrative that contained: *who* *what* *where* *when* *why*?
That’s just funny.
Q: What happened?
A: Your impaired WWT (walking while texting) client fell into a large, visible fountain at the mall.
Q: How did it happen?
A: Because she is either stupid, did it on purpose, or likely both.
Q: Who is responsible?
A: Your client.
Q: Where do we go from here?
A: We don’t care. Just go.
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