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Residents file lawsuit against LIPA for long power outages

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    Will class action suit prevail?

  • Duration 4:18
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Frustration turned to violence after weeks without power on Long Island new York and electrical worker is now in the hospital.

After getting sucker punched by an angry at Long Island resident John Applewhite actually came up from Florida.

To help out with the recovery efforts he had been working sixteen hour days when he was hit.

Now he's recovering from a broken jaw and a crack cheekbone.

He gave me no sons of and anything aggressive -- -- a nice vehicle.

Just fairly nice work until just as soon as I go there arm's reach of paid.

Today my religion we don't enjoy what I do and -- -- that one person.

-- -- -- -- -- People are pretty good attitude considering.

Other storm victims upset with the slow response to that blackout or take -- utility companies to court.

Following the class action lawsuit against the Long Island power authority.

Do they have -- case.

At least we'll as -- Fox News legal analyst so good to see you these great to be here first of all understand people frustrated death but hitting is somebody who is trying to help you I now I mean that's another story all too clearly right now probably I was a lawsuit.

If onslaught on his hands the guy that got hit but let's talk about death light.

And I just I finally happens at the -- the complaint was just filed yesterday got about a two hours ago I've read it and I don't like -- -- I really do like this I think they've got a solid claim because what they're saying in this in this group.

Claim group action I might like a class action because.

If you try to sue a major organization like -- utility unit accompanied by yourself bit by bit by bit.

You're just gonna be shut -- decide to what he's trying to do this lawyers put into the class action and say look.

You knew about Sandy's comic and you did nothing relatively nothing you have these heating up and up -- -- polls when everything went down you what you think antiquated system you knew or should have known.

Not just for -- but for decades or years before that you could have done more you didn't.

And he's claiming there was an implied contract between this utility and the comp and and the customers and I -- that argument if -- -- contract being.

You supply us with -- but the problem with that the utility that will pay you -- and do your due diligence now.

To be -- you could tell where I cannot on the succumbed to -- but to be from a lawyer to talk out of both sides of my mouth.

To be fair the other side utility will say.

She huge act of god you know storm of the century we could not have anticipated.

The -- of sandy how could we have known that we would need all this you can't blame us and we're so sorry.

About your power -- so starting it didn't inform you about your power can you talk -- the only thing I think -- about the other side but.

But they able say that Nelson they've got limited immunity you're indemnity as utility company has probably gone to act of god.

Right doesn't utility company though that serves the public have a legal responsibility.

-- to keep up with technology to catch up with equipment to get the latest to make sure that very infrastructure is in place in order to serve the death of their.

And that's why I like -- that the class action lawsuit vs just you know.

When Joe -- -- -- and Josephine Joseph homeowner making their independent complaints because those happen as we know.

All the time but a class action like this.

We'll get major media attention -- -- us all talking about it and if they prevail that I'm hoping that other utility companies around the country will say.

You know would probably don't -- have the same thing happen -- what happened a long time let's make sure we do something.

Right class action lawsuits they play an important role in legal system.

But don't they usually result in a big payday for the lawyers and not necessarily for those people who sign onto it.

It's it's a two step process yes they got -- these certified as a class actions we've got to make sure that all the people are in the same class this I don't think you have a problem got everybody on Long Island suffering from the same things -- that not a problem there.

And you -- yes will the lawyer will you know win 3040%.

Yes OK that's not great but.

Let me explain a class action if but for this lawyer coming in and taking this lawsuit.

People have more things to deal with then you know they've lost their homes and -- they're trying to -- insurance under doing all the for the just trying to get power back -- have time but I hire a lawyer.

So the label come -- Get all the experts.

And will you know of course the -- will make tons of money but otherwise it probably the filed -- began.

Fox News legal analyst least -- who likes the class action lawsuit.

Involving a Long Island power authority -- thanks so much -- it --