MB update

[trubandloki]

@ekat

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.

@ekat, #7 has me asking a question or two.
What does indispensable party mean? Who is LK throwing under the bus related to this?

[ekat]

@Sdel

Hey, @ekat, backing up a bit. In light of the argument about liability and leasing to MB…if MIchael was a partner in SGF, isn’t it impossible for him to be excluded from the property?

I mean, yes, unless he decided to exclude himself from his property. Someone else can’t put him out, including his partners, without a court order dividing the LLC.

[DownYonder]

@Knights_Mom

Pain is not measurable to my knowledge.

Meant to reply to this yesterday. When I go to the orthopedist or chiropractor, I am asked to rate my pain on a scale of 1 - 10. Is that not a tool that is recognized by the legal system?

[Sdel]

@ekat

I mean, yes, unless he decided to exclude himself from his property. Someone else can’t put him out, including his partners, without a court order dividing the LLC.

So wouldn’t that nullify the argument being made and revert liability back to LK as having the obligation to leave?

[Sdel]

@DownYonder

Meant to reply to this yesterday. When I go to the orthopedist or chiropractor, I am asked to rate my pain on a scale of 1 - 10. Is that not a tool that is recognized by the legal system?

It’s entirely subjective. My 7 out of 10 pain may only be a 2 to someone else.

[ekat]

@trubandloki

ekat, #7 has me asking a question or two.
What does indispensable party mean? Who is LK throwing under the bus related to this?

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.

What I haven’t looked into much is, if she provides evidence that some other dude did it (SODDIT), will there be evidence of a crime, and has the statute of evidence expired, or can SODDIT still be charged with, (HYPOTHETICALLY) assault?

[jvanrens]

@CurrentlyHorseless

LK will try to establish that SGF knew or should have known of his mental problems and potential for violence. I’m not on her legal team, or her, or her family, so it’s not my job to establish it.

I’m just giving my humble opinion on the civil trial.

Since MB was part of SWF your point is?

MB was under treatment for years due to depression and stress.

I guess someone figured that out by fishing through his medicine cabinet when they should have been taking a lesson and decided to use it to their advantage.

Humble opinion…

[ekat]

@DownYonder

Meant to reply to this yesterday. When I go to the orthopedist or chiropractor, I am asked to rate my pain on a scale of 1 - 10. Is that not a tool that is recognized by the legal system?

You pretty much have to have medical evidence that shows your pain inhibits some aspect of your life, and you are being treated for said pain. For example, kid works with jackhammer. Kid was in car accident that messed up his back. While his work was willing to assign him lighter work, he was doing paperwork instead of jackhammering. He really likes jackhammering. So he hated going to work until he was cleared. He tried to say his back didn’t hurt. The docs said nope, you’re not healed. All of that was factored into his “pain and suffering” payout.

[DownYonder]

@eggbutt

who had access to his safe other than Barisone himself?

I may be totally misremembering, but didn’t JH say during his testimony that he had access to the safe? But said he hadn’t accessed it in some length of time (predating the shooting)? And did he give a general description of the firearms in it? A few long rifles/shotguns and several handguns?

[ekat]

@Sdel

So wouldn’t that nullify the argument being made and revert liability back to LK as having the obligation to leave?

In essence, yes.

In fact, if you read SGF’s answer to LK’s suit, they specifically say she was on the property illegally. So it will be interesting to see where they go with that.

Edit to add a correction. SGF’s exact words are:

“ Plaintiff was not lawfully on the premises at the time of the alleged incident.”

[eggbutt]

@ekat

@trubandloki

ekat, #7 has me asking a question or two.
What does indispensable party mean? Who is LK throwing under the bus related to this?

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.

What I haven’t looked into much is, if she provides evidence that some other dude did it (SODDIT), will there be evidence of a crime, and has the statute of evidence expired, or can SODDIT still be charged with, (HYPOTHETICALLY) assault?

WOW! JUST WOW! It has been discussed frequently how RG seems to be dangling frequently. Didn’t he want to present his invoice for $50 thousand and LK told him he couldn’t?!

Could he also be the only person to have been charged with all the illegal surveillance equipment? Is he still in jeopardy?

[ekat]

@eggbutt

WOW! JUST WOW! It has been discussed frequently how RG seems to be dangling frequently. Didn’t he want to present his invoice for $50 thousand and LK told him he couldn’t?!

Could he also be the only person to have been charged with all the illegal surveillance equipment? Is he still in jeopardy?

I didn’t even think about the illegal surveillance. That defense of LK’s right there sure leaves him out in the wind (if RG is her SODDIT)(my gut says he is).

[Knights_Mom]

@DownYonder

@Knights_Mom

Pain is not measurable to my knowledge.

Meant to reply to this yesterday. When I go to the orthopedist or chiropractor, I am asked to rate my pain on a scale of 1 - 10. Is that not a tool that is recognized by the legal system?

This is the stuff of every personal injury claim or back injury. Experts can speak on what x-rays and mris show but people vary in their sensitivity to pain and identical x-rays for 2 different people might show the same thing yet their pain level is different. It’s difficult to prove or disprove pain level.

[Sdel]

@ekat

@eggbutt

WOW! JUST WOW! It has been discussed frequently how RG seems to be dangling frequently. Didn’t he want to present his invoice for $50 thousand and LK told him he couldn’t?!

Could he also be the only person to have been charged with all the illegal surveillance equipment? Is he still in jeopardy?

I didn’t even think about the illegal surveillance. That defense of LK’s right there sure leaves him out in the wind (if RG is her SODDIT)(my gut says he is).

It’s already been testified to as his actions.

[ekat]

@Sdel

It’s already been testified to as his actions.

Yes, they both were real clear, in the criminal trial, who was in charge of the recorders.

It’s interesting how she put out there in the suit that some other indispensable party caused MB’s loss/injury, though.

[Knights_Mom]

@ekat

@trubandloki

ekat, #7 has me asking a question or two.
What does indispensable party mean? Who is LK throwing under the bus related to this?

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.

What I haven’t looked into much is, if she provides evidence that some other dude did it (SODDIT), will there be evidence of a crime, and has the statute of evidence expired, or can SODDIT still be charged with, (HYPOTHETICALLY) assault?

The highlighted part means that the interpretation of LKs defense of MBs injuries is asserting that it was RG that caused MBs injuries, not LK.

RG probably hasn’t figured that out yet.

I’m sure not many are surprised that LK threw RG under the bus with this sworn statement that RG did it and is the one culpable for MBs injuries.

LOL that might make din din a little prickly tonight.

Gee I hope RG knows this is what’s going on.

[CurrentlyHorseless]

@Knights_Mom

@CurrentlyHorseless

@cutter99

@eggbutt

@CurrentlyHorseless

someone with known mental problems.

Let me ask you ONE MORE TIME, known by whom? Until you can answer that question with authority, I’d suggest you refrain from making the statement again to keep from making yourself look foolish.

If @CurrentlyHorseless is making Michael the poster child for mental illness, I suppose we are all mentally ill according to their standards.

What does that make The Barefoot Ninja and Super Laundry Man?

The essence of the civil suit is whether SGF is liable because they knew or should have known that MB was suffering from or susceptible to, a mental break that would cause severe injury or death to others.

And you’re posting nonsense about a piece missing on one of multiple guns like you’re Sherlock Holmes. You are trying to insert nefarious intent on something which doesn’t exist. You are naming an act which never occurred as not only having occurred, but occurred due to some plan or conspiracy. And that is hugely libelous.

Again, which exact statement of mine are you claiming is libelous?

[Knights_Mom]

@CurrentlyHorseless

@Knights_Mom

@CurrentlyHorseless

@cutter99

@eggbutt

@CurrentlyHorseless

someone with known mental problems.

Let me ask you ONE MORE TIME, known by whom? Until you can answer that question with authority, I’d suggest you refrain from making the statement again to keep from making yourself look foolish.

If @CurrentlyHorseless is making Michael the poster child for mental illness, I suppose we are all mentally ill according to their standards.

What does that make The Barefoot Ninja and Super Laundry Man?

The essence of the civil suit is whether SGF is liable because they knew or should have known that MB was suffering from or susceptible to, a mental break that would cause severe injury or death to others.

And you’re posting nonsense about a piece missing on one of multiple guns like you’re Sherlock Holmes. You are trying to insert nefarious intent on something which doesn’t exist. You are naming an act which never occurred as not only having occurred, but occurred due to some plan or conspiracy. And that is hugely libelous.

Again, which exact statement of mine are you claiming is libelous?

I posted above TWICE. Find it.

[ekat]

@Knights_Mom

The highlighted part means that the interpretation of LKs defense of MBs injuries is asserting that it was RG that caused MBs injuries, not LK.

RG probably hasn’t figured that out yet.

I’m sure not many are surprised that LK threw RG under the bus with this sworn statement that RG did it and is the one culpable for MBs injuries.

LOL that might make din din a little prickly tonight.

Gee I hope RG knows this is what’s going on.

Perhaps RG should consider seeking his own legal counsel.

[trubandloki]

Poor RG, he has himself tangled up with a group of people who seem to time and time again leave him dangling. No legal representation in the eviction process. Not being included in the civil lawsuit and then turning around and blaming him for everything their side did.

@CurrentlyHorseless

Again, which exact statement of mine are you claiming is libelous?

Are you intentionally ignoring the post where @Knights_Mom quoted for it and said that is what it was?