Michael/ Lauren civil trial update February 9

[Joanne]

Hiieee, Inigo!

[Virginia_Horse_Mom]

@ekat

@Joanne

So the defence attorneys can ask LK anything?

@iberianfan said this well, as did @Knights_Mom. Remember, there’s no judge at a deposition. Attorneys can object for the record, but the question still stands.

As long as you can loosely relate the question to a claim or potential defense at issue, it’s fair game.

Well, I think the source of ALL of LKs income, past and present, relates to the case. As does her professional history.

If I were an attorney, I’d ask lots of questions about this.

Call me crazy, but I have a sneaking suspicion she’d prefer not to go into all the details, and have to answer questions under oath.

I hope someone updates this thread if her deposition ever actually gets scheduled, much less happens.

[ekat]

@Virginia_Horse_Mom

Well, I think the source of ALL of LKs income, past and present, relates to the case. As does her professional history

In addition to her “loss of income” claim, let’s not forget her claim re: infliction of emotional distress, which by its nature, opens the door to mental health history pre and post shooting.

And then there’s her claim re: the presence of the gun making the farm unsafe. Remember when she testified in the criminal trial that her ex-husband owned a gun shop? If I were an attorney, I’d be delving into her history with guns as well.

One can see why she might not be eager to actually participate in a deposition.

[Virginia_Horse_Mom]

Hmmmm. About that ex husband. If she had allegations of stalking, harassment, etc that were part of the divorce process…

Would that be fair game to get into during a deposition? It might go to a pattern of behavior.

But her first marriage happened a long time ago. And divorces are often really ugly and messy. So maybe MBs attorneys just don’t bother digging under those rocks.

[eggbutt]

Perfect for Miss K.

[jvanrens]

@TwiSedai

Re: native Americans and Canadians being taken from homes as kids, Anne with an E on Netflix started a really interesting bit about this in the final season. I still haven’t got over that show being canceled though, I would have loved to see where it went with that story.

I love that show! My DH found it a bit dark, not that he ever read any of the Anne of Green Gables books LOL, nut I really enjoyed it, even the dark, sad parts. I couldn’t believe that CBC canceled it, and that the amazing actor who played Anne is actually Scottish. I never caught a hint of her accent on the show.

[ekat]

@Virginia_Horse_Mom

And divorces are often really ugly and messy. So maybe MBs attorneys just don’t bother digging under those rocks.

Divorces are often ugly, yes. And, maybe MB’s attorneys don’t delve into the personal issues of the divorce, especially because this wasn’t a divorce/end of a relationship type thing.

But - LK is suing SGF with a claim that they allowed a gun on the farm, creating an “ultra-hazardous” (language used in suit) environment. So, as SGF’s attorney, I’d certainly want to ask about other “ultra-hazardous” environments she had willingly chosen to live with.

[jvanrens]

@Sdel

@Knights_Mom

We robe at dawn!!

Uh, no. Too early.

I’m usually awake hours before dawn, and dressed, do we lose demerit points if we skip the robe part?

[Sdel]

@ekat

But - LK is suing SGF with a claim that they allowed a gun on the farm, creating an “ultra-hazardous” (language used in suit) environment. So, as SGF’s attorney, I’d certainly want to ask about other “ultra-hazardous” environments she had willingly chosen to live with.

And interestingly enough…she has her own guns……and shot at RG on a motorcycle……

[jvanrens]

@eggbutt

Perfect for Miss K.

I love that, but I doubt some people are wondering what the hell they were thinking.

[rothmpp]

@ekat

In addition to her “loss of income” claim, let’s not forget her claim re: infliction of emotional distress, which by its nature, opens the door to mental health history pre and post shooting.

^^ This ^^

I’ve commented on this before, but when you are the plaintiff in this kind of case, so much of your history is subject to disclosure.

We were sued as part of a car accident, and the plaintiff’s claims of emotional distress post accident didn’t hold much weight once his medical records were subpoenaed it did not paint a picture of a man whose emotional state had changed for the worse as a result of the accident.

I tell people, since then, that being the plaintiff in a personal injury case potentially exposes all of your history to the defendant and the court. Most people don’t understand that if you are claiming emotional distress, any previous mental health treatment is subject to discovery. I had a friend who had some emotional struggles in her life, when she was considering suing over a car accident that she should consider if she was okay with all of her therapist’s notes being released in discovery. It had not occurred to her that information could be requested by the defendant.

[ekat]

@rothmpp

I tell people, since then, that being the plaintiff in a personal injury case potentially exposes all of your history to the defendant and the court. Most people don’t understand that if you are claiming emotional distress, any previous mental health treatment is subject to discovery. I had a friend who had some emotional struggles in her life, when she was considering suing over a car accident that she should consider if she was okay with all of her therapist’s notes being released in discovery. It had not occurred to her that information could be requested by the defendant.

This is all so very true.

Michael Barisone, in his counterclaim, is also claiming infliction of emotional distress. The difference here, is we already saw a preview of his mental health condition pre- and post-shooting in the criminal trial. If this case makes it far enough to where he sits for a deposition, he can be asked about his previous mental health treatment as well. I’m guessing that after what he went through re: his mental health for the criminal trial and continuing still to this date he is better prepared to answer those questions.

[Virginia_Horse_Mom]

Sooooo… @ekat and other knowledgeable legal folks…

I have a hypothetical question about how the new attorneys who have taken on LKs case might evaluate and advise her regarding her situation and financial prospects regarding potential awards for damages…

Let’s presume that they sit down and ask her a number of questions in preparation for the deposition (I’m assuming they will/would. Maybe I am assuming too much - I don’t know).

What if it becomes clear to the attorneys that:

1. Demonstrating any sort of loss of income will be problematic as she has no meaningful employment history with which to substantiate that claim

2. The claims related to emotional distress are going to open a complete Pandora’s Box when it comes to her personal history.

What is left for LK to claim in terms of damages? Would an attorney try to drop parts of the original complaint prior to her deposition to possibly mitigate the risk of the client’s own personal issues tanking the entire civil suit? Is it even possible for LKs new attorney to amend the complaint now and drop parts of it?

[Sdel]

@Virginia_Horse_Mom

What is left for LK to claim in terms of damages? Would an attorney try to drop parts of the original complaint prior to her deposition to possibly mitigate the risk of the client’s own personal issues tanking the entire civil suit? Is it even possible for LKs new attorney to amend the complaint now and drop parts of it?

Not much I would think. She can’t even honestly make claims about not returning to her previous activities. She’s claiming to be riding more horses and at a higher level than before the shooting.

[ekat]

@Virginia_Horse_Mom

What is left for LK to claim in terms of damages?

The physical injury itself, and any costs associated with that, and whether or not MB/SGF/RC have any liability regarding such.

@Virginia_Horse_Mom

it even possible for LKs new attorney to amend the complaint now and drop parts of it?

With court approval, sure - just like MB recently amended his counterclaim to add a claim.

Alternatively, they could just not pursue some of the claims they set forth, but the defendants are still going to proceed to actively defend those claims.

[Virginia_Horse_Mom]

@ekat

The physical injury itself, and any costs associated with that, and whether or not MB/SGF/RC have any liability regarding such.

If her insurance company paid the majority of her medical bills, will damages related to the physical injury need to be passed on to LKs insurance company? Will LL only get to retain whatever was spent out of pocket in terms of her copays and deductibles?

[ekat]

@Virginia_Horse_Mom

If her insurance company paid the majority of her medical bills, will damages related to the physical injury need to be passed on to LKs insurance company? Will LL only get to retain whatever was spent out of pocket in terms of her copays and deductibles?

If she had an insurance company that paid on the medical bills, they could absolutely seek reimbursement. She is only entitled to any out-of-pocket expenses regarding the actual injury claim.

[MHM]

@Sdel

@ekat

But - LK is suing SGF with a claim that they allowed a gun on the farm, creating an “ultra-hazardous” (language used in suit) environment. So, as SGF’s attorney, I’d certainly want to ask about other “ultra-hazardous” environments she had willingly chosen to live with.

And interestingly enough…she has her own guns……and shot at RG on a motorcycle……

I’ve lost track. Were there criminal charges when she shot at the motorcycle?

It’s hard to keep the arrest record straight when it’s so extensive.

[Knights_Mom]

@jvanrens

@Sdel

@Knights_Mom

We robe at dawn!!

Uh, no. Too early.

I’m usually awake hours before dawn, and dressed, do we lose demerit points if we skip the robe part?

Geeze one wants bankers hours, the other to pick the wardrobe!!

[Sdel]

@MHM

@Sdel

@ekat

But - LK is suing SGF with a claim that they allowed a gun on the farm, creating an “ultra-hazardous” (language used in suit) environment. So, as SGF’s attorney, I’d certainly want to ask about other “ultra-hazardous” environments she had willingly chosen to live with.

And interestingly enough…she has her own guns……and shot at RG on a motorcycle……

I’ve lost track. Were there criminal charges when she shot at the motorcycle?

It’s hard to keep the arrest record straight when it’s so extensive.

It was in NC and no one on the forum has really been able to access and post the police records from there, just the ones in NJ.