Clearly, @Warmblood1, you forget that there are “bombshells” that will shock us all.
Exited: because Siri hates me.
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I would think the only way LK could prove RC specifically knew MB would use her gun in a conspiracy to commit murder would be via conversations on the illegally obtained recordings.
So with that being a crux of your suit, the million dollar question is - why aren’t these recordings being provided on a silver platter?
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Hm…interesting thought
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I think the recordings are problematic for LK and fam.
That being said, negligence means that RC acted in a way that a reasonable or prudent person in the same situation would not.
She’s also claiming that IIED against RC. I’ve tried to figure out how that might work - how she might prove that RC intentionally inflicted emotional distress on her (assuming her medical records can prove the emotional distress in the first place) but it kind of does keep coming back to those tapes, absent the other bombshells, doesn’t it?
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Would RC have brought the gun to NJ if she wasn’t concerned about the situation, such that she was sleeping outside DDs stall?
If you think of it that way, its the fault of the people on the farm creating this tension and refusing to keave when asked to that the gun was even there?
If I arrived at the farm, but then was told the gun was a problem, I think putting it in a locked safe would be reasonable.
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Audacity, gall and delusion.
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I have no idea whether she regularly traveled with it, or why, really, but you bring up that whole “but for…” phrase.
One could certainly make the argument that “but for the actions of the plaintiff” none of this would have happened.
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You all forget that these filings were not made in order to LITIGATE settlement but to COMPEL it. MB was supposed to have been found guilty and be rotting in jail forever while his assets were gloriously gifted to LK in some huge settlement.
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Don’t forget that sweet, sweet insurance money from SGF that I think they are still counting on.
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The IIED with RC is bizarre. Unless RC blatantly bullied LK to her face, and even then it would have to be proven and then medically justified, I don’t see this as probable. Im wondering if what is supposed to be on the recordings is alleged evidence of RC bullying/threats and, therefore, a cause for emotional distress.
Either way, the distinction between “I could kill her” and “I’m going to shoot her with my 9mm tomorrow” I think is incredibly important and relevant here. I think the recordings have a lot of venting and bluster but no real plots or evidence at a minimum. Therefore, no real proof for your 6 figure law suit. When the weight of your suit rests on these recordings, it makes sense that ignoring a subpoena and a fine for ignoring a subpoena are low on the list.
It’s my understanding that RC traveled with a handgun for protection when she drove from NC to NJ. Understandably so. Then she reasonably gave MB the gun for safe containment in the safe. It’s going to be hard to prove that RC knew or encouraged MB to use the gun for a criminal act, especially when MB was acquitted of criminal capacity.
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For kicks, here’s NJ’s jury instructions on IIED.
But I think @Knights_Mom along with others have nailed it. The K’s were banking on guilty verdicts and easy settlements.
Their plan has gone awry.
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Egomania has proven to be their Achilles heel and a very expensive problem for this family.
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Thanks @ekat.
From the document on IIED:
“ Second, the defendant’s conduct must be extreme and outrageous. The conduct must be so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community. The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions or other trivialities.
Makes you really question what RC could have possibly done to inflict ED.
Also makes me realize how much MB has grounds for IIED with LK.
Oh, and I also agree about the verdict. IM made a post saying the Ks were celebrating the verdict with champagne and I called BS on that quick. I was surprised that JK even admitted that LK was shocked and dismayed at the verdict on 48 Hours. From a probability stand point alone it makes sense that they did not expect NGRI.
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Same with SGF, frankly.
Here’s an excerpt from his counterclaim alleging that:
And, we already have seen what medical experts have to say about his mental distress.
MB answer w Counter.pdf (379.2 KB)
I am 100% certain they did not expect any type of acquittal. And now they’re stuck in this litigation.
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Re line 24, a dozen or more families , persons and businesses in the US who were victimized by Kanarek…prior to August 2019…
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Interesting, isn’t it?
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They wouldn’t state that if they didn’t already have quite a long, extensive dossier, I’m guessing?
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I think RC got railroaded and fell for it. When someone is not used to thug life they roll pretty easily.
As for the Ks my bet is their strategy is to delay and block as much as possible. Bleed the other side dry on attorneys fees. Make them tire of the fight. Exhaust them to submission and settlement.
Were I MB and if I could fund the fight, I’d wrestle them into the ground and never give up, never submit. They wanted a fight, now they have one and I can taste blood. That would be my attitude.
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I wouldn’t be surprised if they haven’t dug up even more in the time since Mr Deininger wrote that counterclaim.
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And several came to speak out during the trial. We know about 3 or 4 victims of varying severity have talked about it here on CotH. There were two guys on the YT chats/comments saying things about her getting them fired from their jobs or attempting to. And a third guy talking about her trying to get him or a family member arrested.
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