Also, (sorry for the tangent) “Kick the crap out” is wrong on so many levels. You only enrage the aggressor more. It’s one of the worst things you can do. Finally, as a general rule, there is no hose or “find liquid” in a dog park, so that’s not an option.
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This is very true.
I think the evidence is there in that very redacted SS report that they did, in fact, send a transcript to SS.
I wonder though if they followed through on her statements that she was sending them to AK. Hopefully, if she did, they made their way into MB’s records there and he has access to them.
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We know that Shelly Belly Nelly (what is her name?) bragged about seeing them and having them. If she got them while Lauren was in the ICU then one would assume they were given to her by JK, KK, or RGG.
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Oh, yes. There’s another instance of distributing them. Allegedly.
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I almost feel bad for Nelly-Shelley. I doubt she can afford an attorney should she be brought into this further than she is. In many ways she is one of LK’s victims too. She was sucked in thinking she had a friend. I wonder how many times she’s been invited to the FL home and how many times she actually believed and accepted the shallow invite?
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FYI, GAS is requesting to extend time for Discovery. Shocking, I know, that LK’s team is looking for more time, in the lawsuit she started.
GAS Mot to extend Discovery .pdf (243.1 KB)
GAS exhibits 012723.pdf (258.7 KB)
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That is a pretty crazy long extension.
But I suppose this is the Kanarek family, they file a claim and then refuse to play along.
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Ah, I think I understand the confusion.
When you talk about 51% that refers to the preponderance of the evidence on whether the act was committed.
RC- really no question that she provided the gun and handed it to MB and did not have it in her control
MB- the criminal jury definitely found he shot her by a preponderance of the evidence; they met the standard of beyond a reasonable doubt. People on COTH think “there is no evidence be shot her”
SGF- this is the only one of the three defendants about which I have any suspense. The property owner is often sued, and LK is claiming they were negligent for permitting guns on the property. I think juries prefer sticking big awards with faceless insurance companies, so I think the jury might well keep SGF in the mix, by saying they were negligent.
Really, if you had said “51% is the standard for the preponderance of the evidence”, I would have understood this instantly.
To take the example of RC, there was never an issue of LK being 20% liability or 35% liable or 51% liable for RC bring the gun; it’s just an issue of whether the evidence proves she provided the gun. In that stage the percent is a probability and not a share. Sorry, no pie.
Given the current set of defendants, IMHO, either all three will make it to the apportionment phase or just RC and MB will.
I suppose that one or each of defendants will assert that LK failed to mitigate her damages, or had contributory negligence. If they succeed, then LK joins the others for a share of liability.
Let’s say all four make it to the second stage— LK, RC, MB, SGF. The jury puts a dollar amount on her damages, and assigns a percentage liability to each party.
SGF has already stated that they plan to ask for summary judgement to be excused from the case. I guess this just means that they want the judge to dismiss them rather than have to have the jury say they’re not going to the second stage.
If this is the way it works:
- If MB wants to claim that he’s not responsible for shooting her because RG shot her to set him, MB up, I suppose he can claim that to try to get his preponderance of the evidence score under 51% even if RG is not a defendant. I doubt this would fly, though.
- If SGF succeeds in getting their summary judgement to be dismissed from the case, so that the liability is split between LK, MB, and RC, isn’t the dismissal of SGF bad news for MB and for LK?
ETA Now that I understand it it’s all very Euclidean.
In terms of the artwork, for the first stage, you should have shown a horse clearing a hurdle of 51% rather than a pie divided 51%/49%. You should be ashamed for missing the chance to draw a jumper clearing a bar.
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No.
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Clearly, so much great artwork has been ignored.
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I think the jury selection will be interesting.
Does anyone know the age and gender range of the insane criminal jury?
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Why didn’t he include RCs attorneys? Eben of they haven’t done much, they are still on the case.
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Ok, this makes me so angry. Will it ever end? I sincerely hope the judge denies this request. This is apparently what the plaintiffs have come up with during their pow wow in Florida.
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Am I reading correctly that MBs attorneys also agreed to this extension and timeline in the recent case management conference?
For those of us on the outside looking on, of course we are impatient. But… it seems like a delay might be in MBs best interests. This way his attorneys can focus on his upcoming Krol hearing in front of Taylor. Plus… there will be adequate time between LKs deposition and his deposition for his attorneys to help prepare him.
Anyway… that’s just my first take on it.
Lawsuits are long, slow processes. And the reality is that this one didn’t really get rolling until after the criminal trial was done. It is what it is.
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This can be denied can’t it?
I have no idea.
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In a civil trial, the evidence stand is by a preponderance of the evidence (51%). If the preponderance of the evidence on the facts (RC brought the gun/MB shot her) does not appear in the first stage, where does it come in, then?
Leaving that aside, do you agree that SGF getting excused either by summary judgement or in the first stage is a bad development for both MB and LK?
Did your artwork incorporate the cross complaint by SGF against MB? Does that also have a 51%?
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I just feel like Jonathan Kanarek might have to think about his and his wife’s involvement in that part of the case.
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If MBs attorneys also agreed to this timeline… I am guessing that the judge will grant it.
I think the key date to watch is LKs deposition, and the fact that it needs to happen before the end of March.
Does it actually ever happen? If the judge grants this delay, but then they engage in further tactics to delay her deposition… I think her entire case is going to be on thin ice.
If she actually sits for her deposition? I think her entire case is going to be on thin ice.
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But the artwork could have depicted a horse clearing a hurdle instead of boring pie! On a horse board!
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