Excellent post. It remains to be seen if she learned anything from the HH incident about the wisdom of “cutting her losses” before things escalate into a maelstrom that sucks her and her not-very-charming family and manservant even further down the drain.
I suspect GAS is hoping this works, but not planning on it. However, he’s certainly working hard for his client, so she should be pretty happy with him.
That is why there are counter argument briefs.
This is why the whole narrative that IF MB shot LK he did so under duress as a direct result of being attacked by LK/RG/Kujo is so distasteful to our house Team Ks. It puts the majority of the responsibility for the shooting squarely in the laps of those aggressors.
Where it should be.
It also covers another scenario where the FINISH THE BASTARD plan caused MB to snap after months of what amounted to psychological and emotional warfare.
In both these scenarios it can be quite possible for a jury to decide that LK is at least 51% responsible for what ended up happening to her.
Which completely qualifies the jury for their EIM robes!
Those who cannot learn from their mistakes are doomed to repeat them.
As many posters have said perhaps the decision to settle was not RC’s but her insurance company’s.
I find it interesting that more has not been mentioned about the cool quarter of a million.
We are avoiding the clean up on aisle 3.
Just a gentle reminder to stay in your cars, with the doors locked. Dont make me turn this car around, kids
Is he though? This caught my eye especially as only the second sentence in his filing:
“Kindly accept this Letter Brief in lieu of a more formal submission in support of plaintiffs Motion to Limit Plaintiffs Deposition”
So we start from go with please accept this less formal thing I’ve put together. Not a great start.
Then he tacks on 200 pages of someone else’s work and cannot even be arsed to direct the judge to the pertinent parts or redact the non-pertinent parts.
That doesn’t strike me as working hard and, as a client, I’d be pretty underwhelmed with this particular performance. He was called out for have zero supporting evidence before so this time he stapled a huge pile of someone else’s work product and called it good.
That’s not impressive legal work in my book at all.
And this is directly following the “I’m being constrained to respond” for a not proper procedure filing just a week ago….
I was thinking the same thing. Excusing g himself at the start. And not the first such simp.
LOL it’s like he’s being held hostage and only begrudgingly submitting papers. Especially considering his previous filings language.
Probably at the behest of Daddio on the Patio: Don’t make me write it for you…
Back to gun safes for a minute: My brother and I own a house together. In the basement we have a HUGE, heavy fireproof gun safe he bought solely to store paperwork and family heirlooms. Solely. It is not bolted to the floor because it would take a small army to move it up and out.
I own a smaller safe, fire-resistant, bolted to the wall and hidden in a closet, to store guns and paperwork.
I sooooo hope we get a response to GAS’ ridiculous request today!
Personally, I don’t see a scenario where she goes all the way to trial and wins big. Maybe I’m missing something… but… I just don’t see it.
Me either, especially if the various LK/JK/RG texts, recording devices, SM posts and Safe Sport contact and the CPS visit are allowed to be presented. I try to be dispassionate about the civil case, and put myself in the role of juror. I would not be able to get past the fact that a reasonable person in a similar situation would have simply left once things turned sour, rather than staying and upping the ante. Then she could’ve sued MB in civil court in an attempt to settle her grievances. In my opinion, I think this will stick with the jury.
I think the fake CPS report will be horrifying and repugnant to any male juror.
I would say it would be repugnant and horrifying to any juror.
But most males have heard horror stories of things bad women have done to men and this will ruffle feathers to say the least.
I have not seen any explanation yet, but I would imagine it’s the result of a scheduling challenge involving various attorneys and the K’s, and probably everyone agreed on it.
I could be wrong… but that’s my best guess.
With that said… I think additional delay attempts by the K’s? They will not go over well. It’s impossible not to see that GAS’s proposal to potentially split the deposition into two phases, so that they can deal with questions about Lollypop’s provocations AFTER a yet to be scheduled hearing, concerning a yet to be filed motion for summary judgement to bar the defense that Lollypop was comparatively at fault for the shooting, and a yet to be filed motion for dismissal of MBs counterclaims …
Anyway…
That’s an obvious delay attempt. Above and beyond the 04/13/23 delay. Weaver’s notes seem to indicate it’s not going to go over we.
Also… note the line of argument GAS indicates they might go down. They apparently want to argue to bar MB and SGF’s attorneys from pursuing any defense concerning any sort of ‘comparative fault’ on LK’s part. After participating on this thread for the last several days… that line of argument should be quite familiar to everyone. Seeker1 and CurrentlyHorseless have both been pushing the idea that it’s somehow wrong to note that Lauren took multiple actions that contributed to the situation that lead up to her shooting.
Comparative Negligence and Contributory Negligence? Both are pretty darn relevant legal concepts in this civil suit. New Jersey is apparently a modified comparative negligence state…
I’ve copied and pasted information into this post from a resource I found educational and helpful to understand these concepts… because I am more of a ‘spell it out and provide an example’ person, rather than a ‘look at this helpful drawing to understand the concept’ person. People have already provided several helpful (and amusing) drawings on earlier threads to explain this whole notion, however… I thought I would spell it out again, given GAS’s latest filing.
Long story short… GAS and the Ks have a serious problem with their civil suit when it comes to potential defense arguments with respect to comparative negligence… and they know it. Hence Lollypop ing a over her deposition, wanting to avoid any questions about her provocations, and all this desperate outraged squawking at people for even HINTING that her actions contributed to her injuries in any way…
Legal Definition of Negligence
Negligence is defined as failing to act as a reasonable person should. This means that if your actions fall below the standard level of care that an ordinary person would have used, you are negligent. For example, let’s say that you are in a car crash after going around a turn very fast. If a normal person would have gone around the turn slower than you did, you did not act as a reasonable person would have and thus are negligent.
How Negligence is Used in the Law
Normally, negligence is used to help determine whether or not someone is liable in a personal injury lawsuit. Basically, if your negligence caused someone else’s harm, you may have to pay for whatever harm you caused, so long as the harm is found to be reasonably related to your negligent conduct. Returning to the car accident scenario, if the excess speed going around the turn caused both the accident and the injuries sustained by the claimant, then you may be responsible for the damage caused. However, if your speed did not cause the accident and instead it happened because the other driver was in your lane, you either may not be forced to pay for their damages or the claimant’s percentage of fault may reduce the amount of damages you’d be responsible for paying.
Modified Comparative Negligence in New Jersey
New Jersey is a modified comparative negligence state, which, under New Jersey law, means that the person asking for damages in a lawsuit has to be less responsible for the accident than the person who allegedly caused the accident. In the car accident scenario, if the other driver is asking you to pay for their damages they have to be less responsible for the accident than you are. If a jury believes that their straying into your lane is a bigger cause of the accident than your speed, they may not be able to recover damages. However, if a jury finds that the accident would have been avoided if you were driving slower, you may have to pay damages.
https://www.findlaw.com/state/new-jersey-law/new-jersey-negligence-laws.html
Great post, VHM.
I agree with you that comparative negligence and contributory negligence are at the heart of the civil trial. That’s been obvious long before Stone filed his latest filings.
Despite the repeated claim “There is no evidence MB shot her” from Eggbutt and BigMama and others, there is ample evidence MB shot whether the principle of CE is used or not.
The defense’s only hope is to maximize the percent responsibility they can pin on LK.
This is why I drew out @ekat on her claim that the defense will try to prove that LK “caused” MBs mental breakdown. I don’t think they will.
I think it’s more likely that they’ll try to establish that LK knew or should have known MB was delusional.
Re second bolded section (bolded by me): I am not remotely “pushing the idea that it’s somehow wrong to note that LK took multiple actions that contributed to the situation that led to her shooting”!
As you correctly point out, the extent to which LK contributed to the tragedy is at the very heart of the civil case. If posters are going to say very, very loosely “It’s all her fault”, I’m just asking that posters explain, for the sake of discussion, more specifically, the mechanism by which they consider her at fault. The defense lawyers will have to be a lot more specific than “it’s all her fault” at the trial.
And no, it’s not “desperate outraged squawking at people for even HINTING that her actions contributed to her injuries in any way …”
Quite the opposite. LKs contributions to the situation that led to her shooting is the central issue to be litigated (given we know MB shot her and it wasn’t self defense). Rather than assuming, or insinuating, or HINTING that LK played a role, I think the issue should be addressed completely openly.
As many posters have said perhaps the decision to settle was not RC’s but her insurance company’s.
I find it interesting that more has not been mentioned about the cool quarter of a million.
OK. Then my comment refers to the decision by RCs insurance company. Why would they have settled if they thought they could wait on the sidelines until MB and SGF showed that LK was more than 51% responsible?