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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #1  
Old 08-03-2008, 09:19 PM
jessicaelaine
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Quote:
Originally Posted by la_boca_loca View Post
How do you know that the sentence didn't "communicate" to them. Two college boys with no previous criinal history. Now they have criminal convictions on their records, did ten days in jail, community service, are on probation for a year, and have to pay a monthly probation supervision fee.
I said perhaps, which means that no, i don't know what was communicated. Perhaps means that it's a possibility.

Quote:
Originally Posted by la_boca_loca View Post
First of all, it is up to the judge to decide whether the sentence is just. Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence. You are deluded if you think this is about justice. Her attorney doesn't care about justice. They both want the money.
The law says she is allowed to try and get a different kind of justice and we should respect and honor the law. I'm not saying that any money should be awarded, I'm saying she has the right to ask. I'm not saying that everyone should think money should be awarded, just recognize that law suits like this are very common and she has the right to do it.
And how can you you criticize me for saying that I know the reasoning behind it (even though i said perhaps) when right there you are saying you know the reasoning behind it. How do you know she and her attorney just want money?


Quote:
Originally Posted by la_boca_loca View Post
Do you really think these kids will have to pay her money? Again, you have no idea what you speak of. Lawyers go after deep pockets like the national fraternity. The kids have nothing worth levying. Without question, the attorney intends to go after the faternity and the parents' homeowners insurance coverage. Shame on him! He knows full well that parents in FL are not responsible for the torts of their children. But he'll file suit anyway and hopes to cost the insurers enough time, trouble and expense that the insurers will eventually pay something.
Again you are assuming you know the reasoning behind this even though you just criticized me for doing the same thing (even though i didn't).
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  #2  
Old 08-03-2008, 09:30 PM
Kevin Kevin is offline
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Quote:
Originally Posted by jessicaelaine View Post
How do you know she and her attorney just want money?
Why does it matter what their motivation is? If this young lady has been damaged, she's possibly entitled to compensation. Whether she wants money or some sense that she did the "right thing" is immaterial.

The issue here is whether these two did something which entitles the plaintiff to an award of money. Actual damages do enter into things and may even be an element of the tort. In other words, whether there are any "real" damages may or may not be an essential element here.

I haven't seen the pleadings, but it would seem she's suing for invasion of privacy, which often (this varies from place to place) only requires that someone intrude upon the plaintiff's solitude while she has a reasonable expectation of privacy, and in most places that the intrusion is something a reasonable person would find highly offensive. I think she can prove all of that without too much trouble.

I know nothing about Florida law or the law of any particular state. I do know that this lawsuit is probably anything but "frivolous" though.
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Old 08-04-2008, 04:30 AM
PANTHERTEKE PANTHERTEKE is offline
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