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Re: [infoguys-list] mom doused in gasoline

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  • baileyspi@aol.com
    I think you should research all the case law regarding both arguments. Then sheperdise all the cases and find out which one is precedent. Start in your state,
    Message 1 of 6 , Dec 31, 2003
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      I think you should research all the case law regarding both arguments. Then
      sheperdise all the cases and find out which one is precedent. Start in your
      state, but don't discount cases in other states. I would then research the police
      history of unjustified pursuit and get an accident reconstruction
      investigator to reexamine the accident. I'd find a lawyer then is experienced in trial
      law and is capable of presenting good evidence and citing case law in solid
      briefs.


      Diane O'Donnell
      BOSS

      740 East Washington Street, Suite E-1, Medina, OH 44256
      Phone: 330-764-3181 Fax: 330-723-6492 Email: baileyspi@...

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    • This Person
      I agree with kickingit 101 that accidents happen in life. People cannot continue to sue every time something goes wrong!! Human beings are just that!! No
      Message 2 of 6 , Jan 1, 2004
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        I agree with "kickingit 101" that accidents happen in life. People cannot
        continue to sue every time something goes wrong!!
        Human beings are just that!! No one has the "correct" remedy for all
        situations, and Mom has some blame in this as well. Our current society
        seems hell-bent on placing blame somewhere besides where it belongs.



        --- Original Message -----
        From: <Jurydoctor@...>
        To: <undisclosed-recipients:>
        Sent: Wednesday, December 31, 2003 8:30 AM
        Subject: [infoguys-list] mom doused in gasoline


        Hi folks,
        I need your opinions on this very interesting police chase case.
        thanks in advance,
        Amy


        Facts:

        Who:

        3 year old female African Amercian Child in 1998, (is now 9 years old)
        lives with MOM and Dad who are unmarried….

        Mom is solid citizen w/good work record….

        Dad has children from previous relationship and has been in jail for child
        support. Works at Burger King when he works.


        What happened:
        Domestic argument at home about suspected infidelity at home leads to Dad
        dousing Mom with gasoline from a jar and attempting to ignite her with a
        lighter
        that does not work.

        Mom leaves home seeks refuge at the next door neighbors. Dad than punches
        out
        Mom’s sister who lives with them and removes the Child from her bed, puts
        her
        in mom’s SUV and drives off…..approximately 10.00pm

        Police come to the home. Send an alert on the radio to look out for Dad and
        the Child…multiple Police units search the neighborhood and relatives homes
        in
        the area without success in locating.

        About 11.30 the SUV is sighted at the cross street about 300 feet from home.
        Police give chase but can not find.

        A few minutes later a call comes in traced to a phone booth…..Police are
        dispatched to search phone booths in the area.

        A few minutes later SUV is sighted and 2 officers give chase in residential
        area.

        Police lose him. (dad)

        Then, the SUV is sighted by two other officers who chase him for a mile or
        so
        with lights and sirens. Dad looses control at a curve in the road and flips
        discharging himself and the Child.

        Dad dies but the Child survives with catastrophic brain injuries.


        Your decision:
        What do you think of Plaintiff's theory/ defense theory of the case:

        Plaintiff's attorney will argue:

        the Police knew that there was an unrestrained child in the car and should
        have terminated the pursuit in accordance with their policies and procedures
        when it was clear that Dad was going to run. That they increased the zone of
        risk
        for the child and that their conduct was negligent.

        The defense will argue:
        The Police were acting reasonably under the circumstances, that the Dad
        posed a treat to the child and that their actions in pursuing the SUV were
        appropriate and justified under their policy and procedures.

        What do you think?
        Thanks,
        amy


        [Non-text portions of this message have been removed]



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      • A Grudko
        - Original Message - From: This Person ... continue to sue every time something goes wrong!! ... seems hell-bent on placing blame
        Message 3 of 6 , Jan 2, 2004
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          - Original Message -
          From: This Person <robbiedog@...>
          > I agree with "kickingit 101" that accidents happen in life. People cannot
          continue to sue every time something goes wrong!!
          > Our current society
          seems hell-bent on placing blame somewhere besides where it belongs.

          As one who in less than 10 hours will be putting on a blue uniform and gun
          to serve 12 hours on patrol on the violent streets of South Africa, I have
          to admit that some of my decisions as a volunteer police officer since 1980,
          are delayed or effected by the fact that, these days, if I get it wrong I
          could be personally sued.

          Litigation is far less common here than in the US but still the result is
          that many criminal situations that could otherwise be controlled (perhaps at
          risk to someone's 'civil rights') are left untouched - perhaps to escalate
          into tragedy.

          It's impossible to be aware of, never mind able to assess during split
          second events, all the outcomes of an action that a police officer has to
          take.

          This case is typical of a situation that could have gone many ways, some
          good, some bad. As an example the suspect could have gone on to mow down
          pedestrians. Had the officers backed off he might have killed the child
          anyway. Had that happened the same lawyer would today be probably suing the
          police for their lack of action. I see no negligence, just tough decisions.

          In cases like these the Courts may have to weigh the greater public interest
          of maintaining law and order over an accidental tragidy. To allow the police
          to be sued simply plays into the hands of the criminals, hamstrings the
          police, weakens the rule of law and encourages rapacious lawyers to seek
          ever higher unjustified awards.

          In my opinion the presence of criminals in our society is the result of
          complex events within that society, some of which are diabolical but
          statistically predictable arborations of human nature. Rather than sue
          police departments, society should have mechanisms to assist the victims of
          crime, be that free healthcare, financial assistance a compensation fund or
          some combination.

          Obviously I'm biased. I just hope I don't have to make a decision like this
          tomorrow.

          Andy Grudko (British), South Africa
          Umkhonomunye abashokobezi baseMzansi
          Consulting Investigator - Est. 1981 - ICQ 146498943
          Registered as a security service provider by the Private Security Industry
          Regulatory Authority, Reg. No. 8642
          www.grudko.com , andy@... . (+27 12) 244 0255 - 244 0256 (Fax) - 082
          778 6355 (Cell)
          SACI(Pres) SASA, IPA, WAD, CALI, UKPIN, IWWA, SAPS.
          When you need it done right - first time
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