Hm. I’m not sure how this would work in the US, but to me, there seems to be to many variables here. I could be in training to become anything but not necessarily become/obtain said title, job, or what have you. If she were to be at the end of her training and was literally taking the steps to become a coach or trainer, ie actively building a client base and advertising, but not yet “off the ground” so to speak, I could maybe see that. Maybe. And who is to say how long she would plan to stay in training/how long that training would take? When is eventually? What would the wages be? What kind of coach/trainer? how many clients? which area of the US? This would leave me with too many questions, what ifs, and non definitives. I’m not sure how an award for future lost wages would work here. I think if she were already employed and/or established as a coach or trainer, that’d be more straight forward.
I think it would be pretty hard to make a solid case for this, as there are no concrete systems in place to become a coach or trainer or even a typical salary, and lots of people try but never really make a career of coaching or training. If she was in school to be a teacher, or a mechanic or a dentist or something, it would make sense to look at average salaries for those jobs, but I don’t think you would get to assume the top of the range, unless you had a pretty good track record already.
She is asking for a jury trial though, so likely the members of the jury will also (just like the journalists) not have a clue about how all this horse stuff works, which will work in her favor.
One could only hope that the defendants’ lawyers would be able to set the jury straight on any false or embellished claims regarding her accomplishments or earning potential in the horse world, in that case.
She is already playing the ‘poor abused and hated person’ card all over the media so I can see that a lawyer trying to point out that she is not 100% accurate being frowned upon by a jury that thinks saying anything negative is bullying (which is not an unusual stance in today’s society).
It is absolutely true in the US. We were the defendants in a civil suit over a car accident and our attorney was able to subpoena all of the plaintiff’s medical records. And I mean ALL of them, including his mental therapist’s notes (there is not enough brain bleach after reading through those notes…). She’d better be prepared to have EVERYTHING brought out under a bare bulb.
I wouldn’t say that permanently unemployed people have an easier time - they can’t realistically demonstrate that they are goiing to have a permanent loss of future income.
It’s hard to say what might happen with a jury - it’s not like there is a random draw for a jury and you get who you get.
Again, the burden of proof is on her. Signed contracts that she can’t fulfill and has to cancel might be usable. It isn’t as though she has or was eanrning a professional degree or a license that now is in question (DDS, RN, MD, JD, CPA, etc). You don’t get to speculate and win money because you MIGHT have made it big if not for this setback.
At least not that I’ve ever noticed from the sidelines.
*disclaimer - I am not an attorney
Sure, but Barisone’s legal team can also call witnesses to testify regarding her behavior leading up to the shooting. We will see how it plays out.
Oh dear!! I have just returned from an extended buying trip in Europe and the Nether-regions obtaining horses the Europeans don’t want that can be dropped on unsuspecting American buyers at a huge profit! Alas, I come home to this kerfuffle!! What is the rarified world of Dressage coming to?
I started on page 1 and by page 25 I was so confused with so much back story, victim shaming, criminal histories, intrigue and innuendo that I have to rest for a spell before continuing. It surely sounds like a reality TV show of criminals took up residence in NJ all the way around.
The number of pseudo-bonafide experts on this board is amazing! And all this time I’ve been paying for this kind of service.
This is better than a James Patterson novel. Does it get better for anyone involved?
Sweet, a new houseguest! Welcome!
As an attorney (not in NJ, however), this has been fascinating. Rothmpp is correct that in the case of claims for emotional distress, all medical records are discoverable. To cloud up title to real property (and therefore possibly prevent a sale), a party would probably need to file and record a “lis pendens,” which potentially gives a claimant priority over a subsequent purchaser, as well as puts that purchaser on constructive notice that real property is the subject of litigation. Without it, litigation in and of itself doesn’t really tie up real estate, at least up until there’s a judgment entered. I’ve litigated a “lost wages” case where the plaintiff didn’t/wouldn’t work. There’s not much going on as far as recoverable damages there, despite whatever the defendant(s) did or did not do.
(These are just general observations; no specific legal advice intended).
“USDF Bronze Medalist” Did you really earn that medal? Do you actually have it?
Hmmm, has another LK personality made its appearance on here?
Kinda reminds me of that old movie The Three Faces of Eve. Only there’s more of 'em.
Any one of her up to 20 personalities was much more interesting than LK will ever be.
“Sizemore’s papers, covering 1952 through 1989, have been acquired by the Duke University Library. An overview of the collection and a summary of Sizemore’s story are included on its website.”
I looked a little today, couldn’t find anything in Wellington.
Perhaps they lease, it would make sense.
He owns a farm in Loxahatchee. In the White Fences development. I could hear him teaching sometimes depending on the wind when he was teaching when my horse was at a farm basically next door to his place down there.
Haven’t caught up completely with the thread but wanted to reply to this.
To play devil’s advocate…
Hollow points are really hard to get your hands on in NJ. As in, not even the cops are allowed to carry them. Sure, he could have crossed the border to PA, but hollow points aren’t readily available at any gun store in Jersey, and I believe there’s a pretty stiff penalty for possession of hollow point rounds.
Huh. The things you learn… Remember, I’m in the wilds of NoVA, where things are considerably more lenient.
