Mb civil suit rulings 11/15/2022

[3PonyFarm]

Thank you for explaining it!

[Knights_Mom]

@lazaret

@hut-ho78

MB appears to be mitigating that harm and the monetary amount he will have to pay by claiming that she drove him insane with a counter suit.

Bzzzt, wrong again.

MB is correctly counterclaiming that he suffered damages caused by her. That is separate from his defense against her claims, which at this time is simply to deny her claims as all defendants would do in a civil action. It is now up to the plaintiff to prove that he had a duty to her, he breached that duty, that the breach of duty caused her harm, and that she suffered damages as the result of that harm. All four are required. If any one fails, the subsequent ones also fail.

MB must do the same for his claims against her. There is no presumption of fact related to anything you just stated.

A counterclaim is not a defense. It is something the plaintiff must defend against. If the facts in question for both the claim and counterclaim are the same, then both can be tried in the same proceeding. That does not mean they are not separate actions because they are.

An inconvenient truth, perhaps.

ETA: I don’t know why I respond to these things. The lawyer in me has to argue, I guess.

I truly appreciate you posting this stuff.

Thank you.

[Knights_Mom]

@3PonyFarm

Thank you for explaining it!

This kind of Dismissal is without prejudice meaning it can be renewed. There is also Dismissal with prejudice which typically means the case is done and cannot be renewed in regard to that particular claim.

[3PonyFarm]

Thank you! The with or without prejudice always trips me up.

[eggbutt]

If someone begins posting ridiculous, scary SM posts that clearly identify someone who has a large business presence and those posts begin to negatively effect the target’s reputation and business, that certainly is grounds for a law suit.

If someone illegally records a person of stature and excellent reputation in a particular field and those recordings are distributed to heaven knows where, that certainly is grounds for a law suit.

When someone has been terrorized by several people who adamantly refuse to leave your property and proceed to weaponize a Federation Agency that can totally destroy your business and future, and calls all sorts of local agencies to come inspect property causing havoc and disruption, certainly all of this would be grounds for a law suit.

I’m not too sure what Lauren Kanarek can PROVE in her suit to warrant any damages. She should have left the property if she was so distressed and afraid. We know she didn’t lose any income or have any further damage to an already negative reputation.

Gonna be interesting.

[trubandloki]

@lazaret

ETA: I don’t know why I respond to these things.

Some of us really appreciate you taking the time to correctly explain things.

[Bogey2]

What were the damages of her recording and social media posts?

She reached her goal in ruining him…is that not damaging enough?

[BigMama1]

@eggbutt

I’m not too sure what Lauren Kanarek can PROVE in her suit to warrant any damages.

Obviously she has pain and trauma from her physical injuries. That’s a no-brainer. The question is to what degree will the jury believe MB caused those injuries or was negligent in allowing them to be caused on his property. Any damages for lost current or future income on her part are clearly absurd.

[lazaret]

@BigMama1

Obviously she has pain and trauma from her physical injuries. That’s a no-brainer.

It’s for a jury to decide really, but it’s generally difficult to claim pain and suffering if you were able to return to living a life of leisure relatively soon after the incident.

Speaking very generally, juries love to award big judgements when it’s the big bad corporation against the little old man trying to provide for his family. They are usually significantly less generous when it’s individual against individual.

[Knights_Mom]

Yes. Sometimes it’s shocking.

As an example, a rehab center killed my dad. He was 91 years old. I had warned them that he had a habit of sitting on the edge of his bed. He’d fall asleep sometimes and then fall. He had done so at home, landing on a plush cushioned rug but managed a hairline fracture to his thigh.

Months later he got sick and ended up with fluid which needed to be drained. It was. He was then put in a rehab center. I made sure to put him in the best one I could find.

I walked in and arrived when he did. I had lengthy conversations with the manager and later his nurses about his habit. I asked for precautions to be done. I even asked if they could secure him into the bed.

After 10 days I went back home in another state. As he got better they switched his room. He was fighting with his trumpy roommate. Dad was the ultimate Democrat. He had trained his dog to growl whenever she heard the word “Bush” to give an idea!

I called that room and tried to tell them my bed sitting concern. Long story short they decided to raise the bed height to keep him in bed. He sat up, fell asleep, fell on the hard floor and broke his hip badly. Surgery was absolutely necessary.

I flew down immediately. I got a call when I arrived the surgery was successful. A little after that I got a call he wasn’t waking up.

I stayed by his side and the doc said only intubation was keeping him alive. I respected his wishes and let him go. He died in my arms. My beloved dad was gone.

I contacted a lawyer, then another. Both rejected my case. Why? Because to them he wasn’t “worth much”. He was 91, retired, receiving a pension, social security and an Army pension. But he still wasn’t worth enough for their time. They told me that the probable payout award (of which they get a third) wasn’t enough for them.

Yes, that’s right. My dad held little monetary value so his neglect and wrongful DEATH wasn’t worth chit in the eyes of TWO law firms familiar with jury awards.

Months went by and I kept seeing commercials on TV for this kind of case. I got mad, and using what I knew of such things from work I decided to try again.

I found an attorney who found irregular practices used by the rehab center. The case is moving forward, I’ve been deposed and there may be settlement talk early next year.

Now looking at LKs case given she (thankfully) survived, seems to still be riding, earned her medal, didn’t lose income, is walking around absent of assistance, wheelchair or other aid, is working out etc I wouldn’t be expecting a huge award even IF it is established MB shot her in anger, not self defense, malice present in a situation which will especially examine her own culpability in the events.

[MHM]

So very sorry for your loss. How terrible, every part of it.

[3PonyFarm]

So sorry about your dad.

[Angela_Freda]

So sorry for what happened to your dad.

[MHM]

I’m throwing this in here for the Boyd Martin fans from the trial. He did a podcast last week with the Plaid Horse. I have not listened to it yet.

Plaidcast 310: Boyd Martin by Taylor, Harris Insurance Services - The Plaid...

[Jealoushe]

That is awful and heartbreaking I’m so sorry that happened.

I want to add that the effects trauma are a real ailment, and can even be physical even if you can’t see it outwardly. I don’t know what LK experiences now and this is a general comment as I simply don’t know the inner workings of her life, but just speaking from my own experience, the trauma from a violent event in your life can cause catastrophic issues in your life, for a long long time after. I think that would be where they would show loss in quality of life for her. This is just me guessing - my opinion only.

[Davignport]

So sorrry about your dad. That is awful.

[Angela_Freda]

@Jealoushe

I want to add that the effects trauma are a real ailment, and can even be physical even if you can’t see it outwardly. I don’t know what LK experiences now and this is a general comment as I simply don’t know the inner workings of her life, but just speaking from my own experience, the trauma from a violent event in your life can cause catastrophic issues in your life, for a long long time after. I think that would be where they would show loss in quality of life for her. This is just me guessing - my opinion only

You’d think if this was the case for LK, she’d be in a hurry to get that trauma out there, so she can get address her loss.

Then again, maybe avoid situations like the one she actively, intentionally helped create in the first place.
.

[CurrentlyHorseless]

@lazaret

The damages provided in the statute are at a minimum and can be exceeded if the plaintiff can prove their damages exceeded the statutory minimum.

Aren’t the damages in the statute $100 per recording? So with 81 recordings, $8,100 in damages?

My question was, based on the recordings and SM posts what monetary damages can he show?

[CurrentlyHorseless]

@lazaret

@CurrentlyHorseless

You talk about her having “to prove a breach of duty” to her. He caused her injury by shooting her. She’ll have to prove that he shot her, although she’ll only have to meet a lower level of proof than was successfully met by the prosecutor.

Also, no, the shooting is completely independent of establishing a duty to the plaintiff. While I think this may be the simplest of the 4 components, a jury still has to believe a duty exists for any of the subsequent prongs to be considered.

I don’t understand this.

How did the Goldman family successfully sue OJ for wrongful death? They had to prove OJ killed two people.

Did they have to prove that OJ had a duty to their son to refrain from killing him?

[Knights_Mom]

@Jealoushe

That is awful and heartbreaking I’m so sorry that happened.

I want to add that the effects trauma are a real ailment, and can even be physical even if you can’t see it outwardly. I don’t know what LK experiences now and this is a general comment as I simply don’t know the inner workings of her life, but just speaking from my own experience, the trauma from a violent event in your life can cause catastrophic issues in your life, for a long long time after. I think that would be where they would show loss in quality of life for her. This is just me guessing - my opinion only.

Thank you all for your words.

You would think trauma plays a role. I was told the emotional trauma was not mine legally but rather my dad’s accounting for how long he suffered. Nice, huh?!