It is not the proximate cause of plaintiff’s injury. She didn’t trip on a wet floor, get hit in the head by a piece of drywall or anything. She chose to live there in the state it was in so she can hardly claim it caused any distress. She can’t claim money for RG’s repairs because she’s not RG, the unlicensed contractor. It’s kind of irrelevant to her claims.
I just read through some of the civil case documents, out of curiosity.
They have already done some discovery and some interrogatories… but… no depositions yet.
All was put on hold pending the outcome of the criminal trial.
My guess is lawyers can get started again, and scheduling depositions will be key. Given that MB is in a civil commitment situation related to mental health treatment right now… my guess is his deposition will be delayed until a future time. If the Kanarek side insists on trying to depose him in the immediate future, I would imagine his lawyers could fight it on the grounds it will interfere with his immediate psychiatric treatment…
It will be interesting to see what happens next. For sure.
The order to Stay said that barring further order of the court, discovery should commence at the end of the criminal trial and be complete by May 22nd.
Yes…but on another thread LK had a big argument with several lawyers about if something was privileged or not (the meeting recorded where they discussed cameras that she had placed). It was made clear in the criminal trial that the tiff about privilege was about that attorney meeting. He may be her former lawyer, but he isn’t out of the woods yet.
But I think her suit against them faults SGF for allowing the RC gun on the property.
It is very common for the plaintiff to sue the property owner, who will have liability insurance for exactly that reason.
I know my parents have liability insurance with their homeowners policy that will kick in if someone slips on the ice on their front steps, etc. An owner of a rental property or a horse facility would certainly have liability insurance as well, in addition to liability releases.
Don’t forget the 2nd lawyer who also did some interrogations. (Had his name yesterday but didn’t write it down.) I think someone said that he is doing the civil trial.
Theoretically if they could prove that he didn’t winterize the house properly, etc. But if he was just a leaseholder, and they are the owner, they had some duty to mitigate their losses as well. And it’s all odd to me because he was a partner in SGF, so that’s it’s own mess.
It’s all a mess, really, which is why I would just walk away if it were me.