Author |
Message |
Thumper74
| Posted on Saturday, April 06, 2013 - 11:10 am: |
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http://www.huffingtonpost.com/2013/04/05/trayvon-m artin-wrongful-death-suit_n_3022300.html?icid=main g-grid7%7Cmain5%7Cdl1%7Csec1_lnk3%26pLid%3D294534 How does one manage to win a wrongful death suit when the shooter hasn't been formally tried and judged in the matter? It's like OJ Simpson and the people he was aquitted in the murder of. If it was determined in a court of law that he was not able to be convicted due to lack of evidence, how does the family sue and win a wrongful death lawsuit against them him? I just don't understand. |
Jcjohnson33
| Posted on Saturday, April 06, 2013 - 11:20 am: |
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The suit was against the home owners ass. Not against the security company and the shooter. As I understand it. |
Thumper1203
| Posted on Saturday, April 06, 2013 - 11:22 am: |
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Hmmm.. some lawyer is licking his chops about now.. (Message edited by thumper1203 on April 06, 2013) |
Thumper74
| Posted on Saturday, April 06, 2013 - 11:27 am: |
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I get the civil aspect being different than the criminal aspect of things, but if Zimmerman is found not guilty/innocent, the shooting was justified and there isn't a wrongful death, right? |
Slaughter
| Posted on Saturday, April 06, 2013 - 11:47 am: |
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I remembr struggling to understand the OJ criminal acquittal and later the civil award. The criminal conviction must be obtained by a a jury convinced "beyond a reasonable doubt." Civil can be awarded by a "preponderance of evidence" (or something like that) |
Reducati
| Posted on Saturday, April 06, 2013 - 11:59 am: |
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What Slaughter said...++ a perponderance of evidence is 51%, a much lower threshold than criminal cases...and it was settled out of court, meaning the homeowners assoc. didnt want to fight it, for whatever reason. |
Sifo
| Posted on Saturday, April 06, 2013 - 12:02 pm: |
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The problem is that it was probably cheaper for the homeowners association to settle than to fight the case. It's one of the problems that exists in our legal system and why we have so many frivolous law suits. Frivolous or not, they often pay off. Keep in mind that from the families point of view, this has NOTHING to do with justice involving the person actually involved in shooting Travon. What does that tell you? BTW, typically a civil suit follows a criminal suit when the criminal suit is likely to have a conviction. It makes the jury far more likely to give a big award of damages. |
Reducati
| Posted on Saturday, April 06, 2013 - 01:12 pm: |
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Those lawsuits are called the ghetto lottery. |
Hybridmomentspass
| Posted on Saturday, April 06, 2013 - 01:15 pm: |
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trayvons dad lives in/next to this place? I didn't follow this case much, but I never heard of anything like that before |
Thumper74
| Posted on Saturday, April 06, 2013 - 04:28 pm: |
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Do you think that this was pushed through because he is unlikely to be convicted? |
Sifo
| Posted on Saturday, April 06, 2013 - 04:32 pm: |
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Absolutly. He would never have even been charged if not for the threat of riots and random killings. |
Kenm123t
| Posted on Saturday, April 06, 2013 - 08:55 pm: |
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He had to be charged so the family could sue the HOA. When this is over it will worse than the Duke lacrosse team case. The first judge will be impeached and disbarred as will the prosecution and the Detective that pushed the case Zimmerman lead a protest against said officer for Guess what nearly beating to death a kid Zimmerman was tutoring oh and the Kid is Black |
Buellhusker
| Posted on Saturday, April 06, 2013 - 09:56 pm: |
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The Home Ownera Assn. I would bet had a umbrella liability policy and that is what paid off in lew of having an extended legal battle. Just my guess. |
Kenm123t
| Posted on Saturday, April 06, 2013 - 10:53 pm: |
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Your most likely right settled for the policy limit then ran for the hills behind the agreement Smart on their part |
Hybridmomentspass
| Posted on Sunday, April 07, 2013 - 12:43 am: |
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anyone know about how far his father lived from the incident? in the article it states 'just steps from his fathers home' making it seem like he was gunned down on his lawn or something. I think the HP article is very misleading, much like most of the reports on the incident, like only/always showing dated pics of Trayvon showing a young child, and pics of Zimmerman in a jumpsuit, looking like a convict etc |
Sifo
| Posted on Sunday, April 07, 2013 - 08:12 am: |
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This was the ONLY article I've seen that eludes to how close to his fathers home this happened. I have to call BS on this. The father found out what happened from the police. Who believes that if a father had a teenage son outside and had a gun shot go off "just steps" from your home, that you wouldn't be finding out either what happened, or where your kids are? It's just one more subjective "fact" being thrown in there by media with an agenda. |
Sifo
| Posted on Sunday, April 07, 2013 - 09:38 am: |
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As mentioned earlier, the pictures the media latches on to, to push their agenda can be very telling. Here's another example... The Adam Lanza we all probably recognize as a mass murderer... VS. Adam Lanza, a pretty normal looking kid... How many have seen the normal looking kid before? |
Hybridmomentspass
| Posted on Sunday, April 07, 2013 - 09:43 am: |
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never seen that pic beore, just the one above. heck, im surprised a JIF fan would do something that wild. |
Hybridmomentspass
| Posted on Sunday, April 07, 2013 - 09:44 am: |
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also, man he looks like an alien in that top photo. but yeah, journalism blows man, no real integrity, just say stuff to get the reaction that you want |
Sifo
| Posted on Sunday, April 07, 2013 - 10:00 am: |
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God forbid they choose this picture of Lanza... I'm in no way trying to excuse what he did, but there seems to be this narrative that anyone could easily have seen this coming, even from just seeing a picture of him. Things are seldom that straight forward. These same people however, would have you believe that a 6 year old from Iowa is just as likely to blow up an airplane as a 23 year old male from the middle east. |