MB update

[erinmeri]

@ekat

I was working on this really long answer and I was sure I broke the forum, lol.

First, you need to look at what the lawsuit and counterclaim alleges:

LK’s claims re: MB

1. Her first claim is strict liability, which basically means a defendant is held fully liable for any injury sustained by another party regardless of whether the injury was intended.
2. Negligence: MB et al had a duty to provide a safe and sure location for the guests, business invitees, and social invitees, and/or residents and failed to do so.
3. Assault and Battery (the shooting)
4. Negligent Infliction of emotional distress
5. Intentional Infliction of emotional distress - she claims he bullied, threatened, harassed her, Knowing it would cause injury

MB’s Defenses:

1. His first defense is just a basic denial of liability
2. Defendant was not competent at the time of the alleged incident and, as a result, should have no liability to Plaintiff for her injuries, by reason of Barisone’s mental state and/or condition which included but was not limited to battered-person-syndrome cause by Plaintiff’s campaign of emotional battery against Defendant and/or persons in his care. Direct Quote because he says it well.
3. This is where he raises self defense, or defense of others “including adults, teenagers, children and/or horses” at the farm.
4. LK’s injuries are a direct result of her own acts and omissions, negligence, and recklessness.
5. “Plaintiff’s claims are barred by her own intervening intentional, reckless, malicious, and/or negligent acts, actions and/or omissions.”
6. LK’s claims must be reduced by the principals of comparative negligence/comparative fault
7. LK’s claims are barred due to waiver, estoppel, etc
8. LK’s injuries are the results of acts and omissions by LK or a third party
9. LK’s injuries are the result of LK’s failure to act reasonably, timely, and/or appropriately.
10. LK’s injuries are the result of unreasonable failure to take advantage of preventative or corrective opportunities; her unreasonable failure to avoid harm; and/or her unreasonable failure to mitigate injury or harm
11. MB owes no duty to LK, based on LK’s actions
12. LK’s injuries were not caused by MB
13. LK assumed the risk for the conduct that led to the incident.

I consolidated a couple and skipped a couple that are not that pertinent

MB’s Counter Claim:

1. LK was negligent towards MB, causing injuries and severe stress
2. This is actually about her use of Social Media. LK “intentionally inflicted severe emotional distress upon Barisone; maliciously inflicted severe emotional distress upon Barisone; recklessly inflicted severe emotional distress upon Barisone”
3. LK, by early August, knew or should have known that MB was in an injured mental state, and owed a duty to stop her continued harassment, and didn’t.

LK’s Defense:

1. A whole lot of “Denied”
2. The counterclaim is unconstitutional.
3. Counterclaim is barred by waiver or estoppel (estoppel - your actions are inconsistent with your defense, essentially)
4. Counterclaim is barred by statute of comparative negligence
5. MB failed to mitigate his damages
6. Counterclaim is barred by doctrine of unclean hands(I suck, but you suck worse)
7. Counterclaim fails to join an “indispensable party”. 2 guesses on who LK plans to throw under the bus.

LK is saying MB (and RC and SGF) are responsible for her physical damages, her loss of wages, etc, and her emotional distress.

MB is saying no, LK is responsible for all of that, plus what she did to me, and if I did anything at all, she is comparatively at fault, and I was defending myself and my family.

So, what’s going to come into play:

They both have to prove each other had a duty to the other one based on their claims.

They both have to prove a breach of duty. (I’m going out on a limb here, but illegal recordings and ninjas breaches something).

They suffered financial losses. We’ve discussed that already.

There were injuries. Medical docs prove that (or not).

LK is suing for negligent and intentional infliction of emotional distress. You need documented, usually medical or therapeutic proof of that.

MB gave us a preview of his claim of lack of competency caused by LK and emotional distress in the criminal trial.

So, whose evidence outweighs the other and is more credible is what 6 random jurors are going to decide.

Yes, the jury could decide LK had some injuries and is owed some compensation. They could also, simultaneously decide “Finish the Bastard” worked and MB is owed compensation. Or a whole lot of other possibilities.

(I did say it was going to be a long answer. Sorry)

1. thank you for such a succinct, yet thorough, summary!

2. some of your usage of “legalese” makes said “legalese” more understanding and relevant to me, so thanks again.

3. your posts make me think that when I was looking at careers, I erroneously thought “lawyering” was boring and law was dry and un-amusing. The debater and wordsmith in me now finds law and the language surrounding it to be compelling. Its very similar to how I thought historians were boring and history sucked when I was a kid but feel differently now. Wish I knew then what I know now, but… Thank you!

4. I think you meant principles, not principals.

[eggbutt]

I honestly don’t think she had an end game. I think her ego and mania got the better of her and it all became a fun game of bully the person who had called her out and rejected her. @Knights_Mom hit the nail on the head with the dangerous side effects of the suboxone!! I can imagine she suckered her father in with lies and he assisted her until he was forced to face what she had done. I doubt he knows the full extent of all she did to this day.
Once she became enraged with the Finish the Bastard text, all bets were off regarding any reasonable outcome. I will always believe she and RG had the gun, didn’t expect Barisone to appear, and had to make up a plan as they went along with Barisone being beaten within an inch of his life in a struggle with the gun they had, shots were fired and RG cobbled together a story for Heymer and others. Then JK had to do damage control and start the crazy man campaign and they had to go along with what RG had told the police. How fortunate the cops bungled every single opportunity to gather evidence.
At issue is no one can/will control Lala. She is destructive and does not care. The visual difference between the late 2019 NYT photos and the trial photos are extremely concerning and her family should be very alarmed. While this WILL end well for Barisone, it will not end well for LK and RG. All they will be left with is hate, bitterness, regrets with no care to get the serious help they both need.

The above are MY thoughts based on MY observations.

[Warmblood1]

I know this isn’t your point, but Lamictal is an anticonvulsant mood stabilizer. So someone with seizures could take it. Someone with any generalized mood disorder could take it if proven tolerable and effective.

[ekat]

@erinmeri

• thank you for such a succinct, yet thorough, summary!
• some of your usage of “legalese” makes said “legalese” more understanding and relevant to me, so thanks again.
• your posts make me think that when I was looking at careers, I erroneously thought “lawyering” was boring and law was dry and un-amusing. The debater and wordsmith in me now finds law and the language surrounding it to be compelling. Its very similar to how I thought historians were boring and history sucked when I was a kid but feel differently now. Wish I knew then what I know now, but… Thank you!
• I think you meant principles, not principals.

You’re welcome. And thank you. I find the language quite fascinating myself, which is why I am now annoyed at myself because you are correct, it’s principles.

[cutter99]

@eggbutt

I honestly don’t think she had an end game. I think her ego and mania got the better of her and it all became a fun game of bully the person who had called her out and rejected her. @Knights_Mom hit the nail on the head with the dangerous side effects of the suboxone!! I can imagine she suckered her father in with lies and he assisted her until he was forced to face what she had done. I doubt he knows the full extent of all she did to this day.
Once she became enraged with the Finish the Bastard text, all bets were off regarding any reasonable outcome. I will always believe she and RG had the gun, didn’t expect Barisone to appear, and had to make up a plan as they went along with Barisone being beaten within an inch of his life in a struggle with the gun they had, shots were fired and RG cobbled together a story for Heymer and others. Then JK had to do damage control and start the crazy man campaign and they had to go along with what RG had told the police. How fortunate the cops bungled every single opportunity to gather evidence.
At issue is no one can/will control Lala. She is destructive and does not care. The visual difference between the late 2019 NYT photos and the trial photos are extremely concerning and her family should be very alarmed. While this WILL end well for Barisone, it will not end well for LK and RG. All they will be left with is hate, bitterness, regrets with no care to get the serious help they both need.

The above are MY thoughts based on MY observations.

Just quoting this because I like it and agree with it 100%! It needs to be seen again!

[MorganSercu]

Yes, I know. It’s original prescribed purpose was for epilepsy, but one of its off-label prescriptions is for Borderline Personality Disorder isn’t uncommon. As long as the patient doesn’t develop the rash on their face, it can be taken safely. It’s not for everyone of course but it CAN be very helpful in minimizing the raging.

Found the post I was remembering:

WOW! New Info in Barisone-Kanarek Saga

If they exist, they may be used as evidence in some other way. LK stated she took the photos. Of course that shows she went into a child’s bedroom, in someone else’s home, likely without their permission. She also wrote on a FB page (I don’t remember if it was CotH or another one) that MB has antisocial personality disorder and she knows the meds he takes for it. Well, that means she was snooping in his home and checking out his medication. There are no medications that are specifically presc…

[MorganSercu]

LOL. Angela_Freda, you were prescient. He couldn’t figure out how to TURN OFF A DRYER.

WOW! New Info in Barisone-Kanarek Saga

And her Bob the Builder boyfriend who’s possibly as handy as a preschool cartoon.

[KurPlexed]

@CurrentlyHorseless

IF the firing pins were removed because it was known that MB, or someone else on the farm was mentally unstable, and/or had anger issues, then that would indicate to me that someone knew having operable handguns on the property posed a significant risk.

I’m still way behind but perhaps someone thought LK posed a significant risk to people at the farm due to her passive and not so passive aggressive threats and disabled the gun

[MHM]

@ekat

Basically, that’s the classic “some other dude did it” defense. LK, in her suit, is saying she didn’t cause Michael’s injuries, some other “indispensable party” did and Michael failed to bring him into the suit.

The thing is, she’s going to have to either a) drop that defense or b) name names and give evidence that some other dude did it. My money is on RG being the other dude, and he’s getting thrown right under the bus.

I am pretty far behind on this thread, so maybe somebody has already mentioned this.

But I would think if they tried to throw RG under the bus, wouldn’t he turn state’s evidence or whatever the term is in a heartbeat and testify against LK and all her grand plans to ruin MB? I would imagine he would have quite a bit of interesting information to share with the authorities if push came to shove.

[ekat]

@MHM

I am pretty far behind on this thread, so maybe somebody has already mentioned this.

But I would think if they tried to throw RG under the bus, wouldn’t he turn state’s evidence or whatever the term is in a heartbeat and testify against LK and all her grand plans to ruin MB? I would imagine he would have quite a bit of interesting information to share with the authorities if push came to shove.

In a civil suit, they may think he’s safe from prosecution for anything he might testify about. Or, they may just not care. I mean, we already know RG beat Michael senseless and broke his arm. The big question is really about the sequence. What if Barisone has discovered some evidence that shows RG was the aggressor? Or destroys the timeline of events?

Bottom line, she’s trying to eliminate her liability for Michael’s injuries by pointing the finger at RG, and that opens him up to some vulnerability, in my opinion.

[Warmblood1]

@MorganSercu

Yes, I know. It’s original prescribed purpose was for epilepsy, but one of its off-label prescriptions is for Borderline Personality Disorder isn’t uncommon. As long as the patient doesn’t develop the rash on their face, it can be taken safely. It’s not for everyone of course but it CAN be very helpful in minimizing the raging.

Yup. Pretty much whenever there is difficulty regulating mood, it can be an option. Difficulty regulating mood can be secondary to depression, however. Depression in itself is impaired emotional regulation so it’s not always cut and dry, ie. this drug is solely for X diagnosis, etc. Someone with TBI could have difficulty regulating mood, for example, and respond/benefit from a mood stabilizer.

With that said, I agree with you in that there is no specific treatment for antisocial disorder. Seeing a medication and knowing that a person took it specifically for antisocial disorder would be pretty improbable.

[Angela_Freda]

@cutter99

Those were the cameras she lied about having to her horse broker back in April 2019.

So hard to keep the shifting stories straight. My apologies

[MHM]

@Sdel

Very interesting and LK-esque misinterpretation there. Very reminiscent of the cat having a condo in Wellington.

Wait, what? What cat?

[Angela_Freda]

@ekat

I’ve been wondering about how she testified to her FB post from July 24th about her recordings and also testified about purchasing the recorders on Amazon July 31, and placing them sometime between Aug 2nd and 3rd.

If she bought them on Amazon, that’s easy to verify, the date, when they arrived, etc…

[ekat]

@MHM

Wait, what? What cat?

That was the absolute highlight of one of the early locked threads I read during a fit of insomnia.

People were talking about a barn cat allegedly being left behind when everyone went to FL, and LaLa thought they were talking about JH, so she, in ways that only she can do, referred to Him Being in His Condo in Wellington.

People that were here then can clean that up for me, but it was Laugh out loud funny.

[ekat]

@Angela_Freda

If she bought them on Amazon, that’s easy to verify, the date, when they arrived, etc…

Yeah, Mr B asked her about that and SIDEBAR. Maybe in the next trial.

[MHM]

@Sdel

@ekat

You make very valid points. RG has, in fact, claimed liability for MB’s physical injuries. Under oath.

So, maybe the stories didn’t match up very well because it was more important to have coached RG into testifying under oath to all the liability than a coherent account for a guilty verdict.

I don’t think I would ever be inclined to say poor RG the way I do with all sincerity, poor Rosie.

But if that turns out to be the case, that would have to be a rude awakening on that day when that light bulb goes on over his head.

[ekat]

@MHM

I don’t think I would ever be inclined to say poor RG the way I do with all sincerity, poor Rosie

I still feel bad for poor Rosie.

[ekat]

I think the bigger points here are:

Did Michael even take that med or was it projection?

If he did LK know? Snooping around in his /office/med cabinet, etc? Recording a private conversation?

And why would she broadcast it on the World Wide Web?

Is that a part of her “finish the bastard” plot? Is that why he specifically listed invasion of privacy? The med itself is almost irrelevant. It’s what LK did with that knowledge, and how she came about it, if it’s true.

[KurPlexed]

@ekat

She’s putting that defense out there about his injuries though - his broken head and arm, and his dog bites. It’s super hard for LK to point the finger at MHG, or anyone other than the guy who has admitted to inflicting those injuries.

In thinking big picture. For example. None of this would have happened if not for MHG. He wouldn’t have gone insane, there would have been no shooting, dog bite, fight etc. (Of course this is ridiculous but just trying to think of how LK processes things. Nothing is ever her fault, she only reacts)