By the principle of comparative negligence, a person cannot seek damages from someone if the plaintiff has greater fault than the defendant in a negligence action.
If the jury found that the plaintiff were 50.01% at fault, she would be entitled to zero recovery under statute. There is no party whose fault could exceed hers, and therefore, she is entitled to nothing.
In order to collect, the defendant in question must be more at fault than the plaintiff. Full stop. This is specifically related to counts of negligence, there’s lots of other claims in this suit that would need to be decided. The way this often plays out is that both parties have damages and so the apportionment goes both ways - if I’m 60% liable and you are 40% liable, that means I pay 60% of your damages, but then you pay 40% of mine, meaning your max recovery is actually (theoretically) 20%, even if I’m 60% “responsible.”
But this is better than it is in Virginia, which is a pure comparative negligence state where you have to have 0% liability or you cannot recover from anybody.
@lazaret, I think the Ks are using attorneys on this thread to solicit legal opinions, because they are too cheap to hire an atty
I hope lawyers here realize this and don’t need to give CH and HH any more legal advice.
LK has her own attorney who should have explained such things to her before she ever filed the suit. This fixation on having a lawyer on the forum agree that she will win something is about denying the reality that is rapidly bearing down on her and her parents.
Considering I haven’t given anything more than a google search would give, I don’t think this is much worth their time trolling for legal opinions. Undoubtedly everyone’s attorneys have explained to them the realities of the various claims in the case and what each party will need to do to pursue/defend those claims.
Anyone reading is getting much more value out of determining exactly how a general population perceives the information that is out there about the case, and how those different situations can be construed.
In regard to @Sdel’s statement about having the lawyers agree that she will win - well, if that’s the goal, everyone will be waiting a long time, because lawyers 1. have probably never made a truly definitive statement in their lives, and 2. never agree with each other as a matter of principle
[quote=“Sdel, post:5631, topic:780076”] LK
has her own attorney who should have explained such things to her before she ever filed the suit. This fixation on having a lawyer on the forum agree that she will win something is about denying the reality that is rapidly bearing down on her and her parents.
[/quote]
It was discussed and explained to CH and her bunch ad nauseum a few days ago until people refused to explain it again. Then she would ask again for percentages that were already explained. For her to re-ask lazerette is just eye rolling gly desperate. They want to know these legal issues over and over. There’s something going on, where they think info from this group will give them answers. It’s bizzare. LK must as you say be desperate for some hint that there is a ratio which gives her money. So she keep begging for more explanations again.
In defense of the brown hamster, the white one was napping on the exercise wheel! Kind of a jerk move.
If my roomie decided that nap time was best had on the treadmill, yeah, no, roomie’s arse is getting booted off the only means of exercise in our tiny flat!!
Please nap on literally any other surface of the living area!
This. Can’t come up with another reason for the bizarre, pedantic, and repetitive requests for our resident legal experts to answer the same questions over and over again.
I read the kind responses, once again, to the same bizzare minutia type questions for the fifth time, and I think to myself, “But! But! Can’t you say it even more times? But this time, with a different outcome!” or, “Can’t you rephrase that to make it look like LK would win?” Because it looks like that’s what CH et al are really asking.
“Oh, look”, says CH. “Another lawyer. Where’s my list of legal questions?” <shuffle, shuffle> “Oh, Leagle Eagle! Leagle Eagle! I have a question for you! Over here!”
Leagle Eagle, muttering, “I’m not really here to answer legal issues, I’m just yucking it up with my friends”.
“No, other legal types have answered these questions. Now YOU can answer them. You’re a lawyer. Here are the legal questions,” and shoves the list of questions at Leagle Eagle.
“Um, well, okay, you know Google says thus and such, so that’s pretty much it.”
You know what would be really funny, what if in the end, Michael owes her $8,000.00 in damages, such as the cost of having to move her horses and home to a new place because he really in the end did want her off his property, which, by the way, he was planning on paying for her to do anyway, most likely, because that’s what people do for squatters they want off their property, they pay to get them gone, so I have little doubt he was going to help Miss K and her animals on down the lane. So, what if, for some reason, that’s found. And Lauren owes Michael 1.43M in damages, having succeeded in ruining his business, destrying his family and relationship, loss of property, etc., just as she said she want to do, and was trying to do, and you know, how he needed to sell off horses to pay for attorneys, and sell off his LLC property and consolidate the whole business into the FLA property, reduce expenses, etc. and how he lost income for the (up to) 4 years until he got back on his feet, yeah, probably at least 1.4mil in damages, could be alot more, could be more like 1.4mil in losses per year, now, I don’t know, I ain’t got his books, but hey, we’ll just say 1.43m in damages LK has to pay MB, just to make an hypothetical argument.
Its like - So how much has she won? I mean what does she really think she’s going to get from what she can prove her damages are? She wanted to ruin a man’s life, livelihood and business and thinks she’s going to be compensated because she got shot while she tried? Its not like she can prove he had anything to do with shooting her. There’s no evidence that he even had posession of the gun that day. Its just so ludicrous I don’t know what she could possibly be thinking.
I agree the white hamster should have left the wheel but I don’t believe the brown one properly asked it to leave.
The white was was peacefully napping away and without provocation was attacked. Thankfully there was a video of the incident and the white hamster can sue for damages.