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Lawsuit Dropped


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It's a tough spot. People do some crazy things when they lose a child. A guy I worked with lost his 20 year old son in a car wreck. Truck full of kids were on a windy road late at night. No one had been drinking, but it's safe to say they were just out ha in a good time. Truck rolled. Everyone was ok, but it was tough for him to get out. He was in the back seat on the bottom side. Other 5 kids were out and the were laughing and joking a little as all kids do. A car came around the bend and couldn't stop in time. slammed the truck and it killed my coworkers son. His family sued everyone. Grasping for closure really. They sued the state because there was a 1"drop of the edge of the asphalt. Lost. They sued ford challenging that the rear restraints were the reason he couldn't get out. Lost. They faught for a long time. The only person they didn't sue, that was most at fault in the situation was the kids friend who was driving the truck. His negligent actions were the start of it all. I'm glad they didn't sue him. He has enough to carry and in the end, it was an accident. There is no truly at fault.

Unlike the movie theater shooting. There is truly one at fault there and I hope they fry the kid a dozen times. The parents of that victim are grasping for closure and out to punish everyone involved. There's no logical explanation or rational thought. If they were to truly believe in their lawsuit, they should sue the dealer that sold him the car he drove to the theater in, Walmart for selling him the shoes he walked in with....and so on.

I understand why they did it. I'm glad they lost and I hope those that were sued can recover what is owed to them. The attorneys that steered the parents into this should be on the hook as well.

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These two quotes tell you more about this litigation than anything else...   <thumbsup>

 


The Phillipses appealed Judge Matsch’s dismissal opinion to the 10th U.S. Circuit Court of Appeals. They also asked the judge not to order them to pay the defendants’ fees, arguing, among other things, that fee-shifting would abridge their First Amendment right to free speech. Last month, Judge Matsch awarded fees to all three defendants. (BTP Arms’ principal, Brian Platt, sought to recover his fees under a different Colorado fee-shifting provision.) The judge did shave about $60,000 off the requests of the defendants, but basically said the language of the statutes required him to award fees and costs to Lucky Gunner, the Sportsman’s Guide and Platt. He set the award at about $203,000 in total.

 

If that award caused the Phillipses hardship, the judge said, perhaps their “sponsors” at the Brady Center could help. “It is apparent that this case was filed to pursue the political purposes of the Brady Center and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order which counsel should have known would be outside the authority of this court,” Matsch wrote. “Those who ignite a fire should be responsible for the cost of suppressing it before it becomes a conflagration. The Brady Center may be pursuing a righteous cause, but the defendants should not have to bear the burden of defending themselves in this inappropriate forum.”

 

THAT just set a precedent.  Right there.  I like the Brady Center response, too:

 

Stoever said whatever the Phillipses pay to the defendants “will come out of their own pockets,” not from the Brady Center, which, according to him, never pushed the Phillipses to sue. “The Brady Center provided legal support,” he said. “It was not ‘behind’ this lawsuit.” (Stoever said Judge Matsch did not permit his clients to respond to a Lucky Gunner filing that claimed the gun safety group sponsored the case.)

 

Mmmmmmm...  okay. 

 

Suck that, Brady Center.  :bj: :thefinger:

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In all of these cases the media and the progressive left immediately jump to gun control.  They completely ignore the real cause - that we are unwilling to fund mental hospitals and the left's objective of mainstreaming those who are mentally defective.  Add to that HIPPA, which prevents any real way of determining  who may not be sufficiently capable of owning and handling a firearm safely (much less a danger to others).  Those intent on suicide and having the world remember them will always find a way, if not a firearm then fertilizer and diesel fuel will do. <dontknow>

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 Those intent on suicide and having the world remember them will always find a way, if not a firearm then fertilizer and diesel fuel will do. <dontknow>

 

Excellent point.  I couldn't agree more.  I've been saying this to people since the OK City disaster, which I want to add the left has been a key player in getting to the absolute bottom of everything surrounding the involvement with that.

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In all of these cases the media and the progressive left immediately jump to gun control.  They completely ignore the real cause - that we are unwilling to fund mental hospitals and the left's objective of mainstreaming those who are mentally defective.  Add to that HIPPA, which prevents any real way of determining  who may not be sufficiently capable of owning and handling a firearm safely (much less a danger to others). .................... <dontknow>

 

Thank you!  Exactly!  Try having a family member, mentally ill.  Try begging for intervention..watch the mental health "professionals" let him out when he is clearly not capable of dealing with his situation.  See him in jail, because there are no beds available.  

 

This poop started during the Kennedy administration- a historic fact- and we basically opened the doors to the asylums and let them run free because they had a right to their freedom.  Can't require medication in most cases.  Don't have adequate facilities.  The ACLU is a huge facilitator of this moronic thinking.  Mainstreaming is appropriate for some, but sure as hell not for all.  If we don't adequately fund mental health, and finally realize that the mentally ill MUST be added to NICS, needless deaths will continue.

 

The old "insane asylums" were cruel, inhumane, evil and wrong.  Setting mentally ill people out into the general population with no treatment, no control, no supervision, is equally cruel, inhumane, evil and wrong.  And it is dangerous as hell.  Dealing with this as a family member is its own kind of hell.

 

Oh, yeah, and all the gun control laws you can imagine will have zero effect on this situation.  Anyone who thinks otherwise needs to be put away.

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/\/\/\/\ Yup.

 

I worked with an agency that dealt with the worst of the worst, either last stop before or first stop after Arizona State Hospital.  Only institution left in the state for criminally insane or the truly fouled up bonkers.

 

The rest are in group homes in your neighborhoods.  Pyromaniacs, sexual deviants, emotional malcontents, cleptomaniacs, self-abusers.  Worked supervising one dude who had a frontal lobotomy back in the early '70s.  It didn't take.

 

Slugger is right:  some folks don't need to be in society.  If we can have humane zoos, we can have humane asylums.

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