Lucky Gunner Wins CO. Lawsuit / HUFPO Nonsense

[Doublehelix]

Losing your daughter is a horrible thing that I can't even begin to imagine, and the emotions that one goes through to try to place blame are incomprehensible to me. The "WHY?" would keep ringing through my head.

BUT... this was an act from a deranged madman, and suing the ammo maker does not bring back their daughter, and will not do anything to prevent someone else's daughter from suffering the same fate.

The sad part is that the emotional appeal over something like this gives more credence to the liberal agenda, and is potentially much more damaging in the long run than the $200,000 legal fees.

 

[Spear Dane]

My favorite comment: How could the judge be so insensitive?

 

[KG1]

My favorite comment: How could the judge be so insensitive?

View attachment 41799

My response would be. "Why would others that should be in the know encourage the grieving parents to go ahead with a lawsuit that was by law not favorable to the outcome they sought and would have a high probability of them incurring a monetary judgement against them for the defendants legal fees?"

 

[wizardfitz]

Good for lucky gunner. hopefully more people(although i doubt it) will think more. Yes go after the shooter, but people esp the lawyers see more money suing more people up the feeding chain. The shooter, the gun manufacturer, the ammo manufacturer, the distributor, i surprised they didn't sue the mailman who delivered the ammo.

 

[DeadeyeChrista'sdad]

Play stupid games...

 

[Spear Dane]

My response would be. "Why would others that should be in the know encourage the grieving parents to go ahead with a lawsuit that was by law not favorable to the outcome they sought and would have a high probability of them incurring a monetary judgement against them for the defendants legal fees?"

Because now they get to do precisely what they are doing. There will be a GoFundMe or whatever, the parents will pay nothing. They get all kinds of tears in the media. I think Brady knew EXACTLY what they were doing with this.

 

[KLB]

My response would be. "Why would others that should be in the know encourage the grieving parents to go ahead with a lawsuit that was by law not favorable to the outcome they sought and would have a high probability of them incurring a monetary judgement against them for the defendants legal fees?"

They should make the lawyers pay the penalty for bringing a frivolous lawsuit.

 

[Fargo]

They should make the lawyers pay the penalty for bringing a frivolous lawsuit.

Yes, I would think that both monetary sanctions from the trial court and a disciplinary complaint would be in order.

 

[KG1]

Because now they get to do precisely what they are doing. There will be a GoFundMe or whatever, the parents will pay nothing. They get all kinds of tears in the media. I think Brady knew EXACTLY what they were doing with this.

Desperate ploy if it was intentional. Doesn't gain them anything big picture wise. Didn't do anything for the cause. Didn't break the ammo company.

 

[Alamo]

Colorado law makes it very difficult and financially perilous to sue the gun industry. That’s likely to change.

Colorado Democrats this year are poised to roll back the state’s extra protections against lawsuits for gun and ammunition manufacturers and sellers.

coloradosun.com

 

[MRockwell]

From the article in post#30:

“The bill that I’m introducing would not punish gun violence victims if they want to go to civil court,” said Sen. Sonya Jaquez Lewis, a Boulder County Democrat. “It evens the playing field so that (the gun) industry, those businesses, will just be put on the same playing field as every other business.”

So being on the same playing field, does this mean car dealerships can be sued when someone is injured/killed by a drunk driver?

Unfortunately, in Blue Colorado, this bull will probably get passed.


@Doublehelix had it right, over seven years ago(emphasis mine):

BUT... this was an act from a deranged madman, and suing the ammo maker does not bring back their daughter, and will not do anything to prevent someone else's daughter from suffering the same fate.

The sad part is that the emotional appeal over something like this gives more credence to the liberal agenda, and is potentially much more damaging in the long run than the $200,000 legal fees.

 

[BugI02]

I saw that earlier. I'm surprised they're saddled with that $200K. I may be showing my ignorance here but wouldn't an attorney have taken that on contingency, where they'd be charged if they won?

IANAL but I don't think taking a case contingent would cover having to pay out. Contingent is a lawyer/law firm gambling what time they put into a case against a getting a percentage of any award made to the plaintiffs, in a situation where defendant is awarded legal fees I don't think they ordinarily would sign on to be responsible for that

Even in a pro bono representation, I think that only means they would not be seeking a percentage of an award but also would not agree to be on the hook for damages awarded. I would like to see the legal firm held to some sort of responsibility, though. To me it seems like malicious prosecution, one would not sue the gas station that made it possible for a reckless driver to kill

Edit: Oops, necropost. Didn't pay close enough attention to the date on the first post

 

[femurphy77]

IANAL but I don't think taking a case contingent would cover having to pay out. Contingent is a lawyer/law firm gambling what time they put into a case against a getting a percentage of any award made to the plaintiffs, in a situation where defendant is awarded legal fees I don't think they ordinarily would sign on to be responsible for that

Even in a pro bono representation, I think that only means they would not be seeking a percentage of an award but also would not agree to be on the hook for damages awarded. I would like to see the legal firm held to some sort of responsibility, though. To me it seems like malicious prosecution, one would not sue the gas station that made it possible for a reckless driver to kill

Edit: Oops, necropost. Didn't pay close enough attention to the date on the first post

It's only 8 years old, the statue of celebrations hasn't even run out yet! (Channeling my inner Donnie Baker, wanna buy a boat?)

 

[bgcatty]

Good for Lucky Gunner! This should be the uniform result in these BS cases; however, our legal system has a lot of quirks.

 

[BugI02]

It's only 8 years old, the statue of celebrations hasn't even run out yet! (Channeling my inner Donnie Baker, wanna buy a boat?)

Yeah, yeah. It popped up on the first page of threads, though, so somebody else posted to it and for some reason I failed to notice the 'jump to new' option was enabled. I plead not enough/too much coffee