RE: First lawsuit filed in Sandy Hook tragedy (Full Version)

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DesideriScuri -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:34:02 AM)

quote:

ORIGINAL: Aylee
X is a product.  There are many things that can be used to kill people.  They pretty much all have a secondary use if not more. 
Y is blaming a third entity for the actions of a second entity.  They are not producing anything.  At least the lawyer would be doing some work.  Y is just trying to make money on a tragedy. 


Couldn't you have strung this out for PeonForHer? I think he wanted to extend his tangent a bit more than one response. [:D]




PeonForHer -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:37:41 AM)


quote:

ORIGINAL: Aylee
Y is just trying to make money on a tragedy. 


So is the gunmaker, and the gun-seller. So far as I can see, everyone involved in the killing of anyone, by a gun, in the USA, says that he, she, or they, is not to blame. Only the person who pulled the trigger is culpable. Heads up: *everyone* in the USA sees it as his or her right to make as big a profit as he/she is able. Why not? That's how the free market, and how a 'free society', works. You've sowed the seeds of this worldview, now you're reaping the results. Good luck.




PeonForHer -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:40:40 AM)


quote:

ORIGINAL: DesideriScuri
Couldn't you have strung this out for PeonForHer? I think he wanted to extend his tangent a bit more than one response. [:D]


I don't know what 'extending one's tangent' means, DS, but so long as you do it in private and with a consenting party, I'm sure that it's both legal and seemly. [:)]




DesideriScuri -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:52:58 AM)

quote:

ORIGINAL: PeonForHer
quote:

ORIGINAL: DesideriScuri
Couldn't you have strung this out for PeonForHer? I think he wanted to extend his tangent a bit more than one response. [:D]

I don't know what 'extending one's tangent' means, DS, but so long as you do it in private and with a consenting party, I'm sure that it's both legal and seemly. [:)]


Your tangent was the questioning of why X can profit but Y can not. "Extending one's tangent," then, would be carrying the tangent longer. As it was, Aylee essentially stopped your tangent in one post. As I do think you were looking for more than a one-post response, Aylee cut the tangent short.

I do acknowledge your attempt at humor though.




Aylee -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:55:14 AM)

quote:

ORIGINAL: PeonForHer


quote:

ORIGINAL: Aylee
Y is just trying to make money on a tragedy. 


So is the gunmaker, and the gun-seller. So far as I can see, everyone involved in the killing of anyone, by a gun, in the USA, says that he, she, or they, is not to blame. Only the person who pulled the trigger is culpable. Heads up: *everyone* in the USA sees it as his or her right to make as big a profit as he/she is able. Why not? That's how the free market, and how a 'free society', works. You've sowed the seeds of this worldview, now you're reaping the results. Good luck.


By and large, yes.  The person that pulled the trigger is the person culpable.  There are some circumstances that fall outside of this. 

Profit is what you get in return for a product or service.  What product or service has Jill Doe's parents provided? 

Your logic says that we should blame Toyota or Ford because a drunk driver kills a bus load of children.  And that the parents of one of the surviving children should sue the city because it was forseeable that John Numbnuts was going to go binging and driving a stolen car and THEY DID NOTHING TO PREVENT IT.




PeonForHer -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 11:56:58 AM)


quote:

ORIGINAL: DesideriScuri
I do acknowledge your attempt at humor though.


Well done, DS - that's a start! [:)]

No matter what anyone says, I look at your avatar, and see a man with a fun and bouncy personality just bursting inside. I know it can only be a matter of time. [:)]




dcnovice -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:07:04 PM)

quote:

The child will possibly suffer from PTSD for the rest of her life and will many children who were there.

In The Hour I First Believed, novelist Wally Lamb paints a haunting picture of what it's like to survive a school shooting. I'm not an expert, so I can't vouch for its clinical accuracy, but it was an amazing read.




Baroana -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:13:00 PM)


quote:

ORIGINAL: JstAnotherSub

http://news.yahoo.com/claim-seeks-100-million-child-survivor-connecticut-school-003646074.html

I have so many emotions about this right now, I do not even know where to start.

quote:

A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shooting that left 26 children and adults dead two weeks ago.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.


For one thing, it is filed by the parents of a child who survived, which makes me sick for some reason.

Then there is

quote:

Pinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm."


Foreseeable harm? How the hell could this be foreseeable?

I do not know the answer to the question "Can this be prevented in the future?", although I lean towards not as long as there are crazy folks slipping through the cracks.

But, I know 20 families of children who wish their child was alive to be traumatized.

Thoughts?



FR

I wouldn't take this too seriously. It's just a lawyer being opportunistic and hoping to be the first one to capitalize on the tragedy (and crossing his fingers that others will jump on the bandwagon and make it a big money class action).

It isn't just a matter of poor taste. In my humble opinion, I don't think it makes good legal strategy to file suit this early.




Baroana -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:18:40 PM)


quote:

ORIGINAL: Aylee

quote:

ORIGINAL: tazzygirl

To effect change, sometimes the only way is through the threat of a wallet.


I suppose I would feel better about the lawsuit if I knew exactly what change they wanted. 



Ah, but from what I've read so far (which admittedly isn't much), it's pure money damages being sought. If these plaintiffs and their counsel were more clever, they would have at least pretended to care about the prevention of future harm by adding a claim for injunctive relief.




JstAnotherSub -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:21:06 PM)

Re: counseling and such

Every state has a victim services branch that provides counseling, money, psych help, drugs, etc.

As far as I know these services are available to all crime victims and survivors. I know 3 of my cousins used it when my aunt was murdered, and one is still seeing a shrink and receiving meds through them.

Here, it is funded by fines added on to folks convicted of a crime.

I am sure that these folks have made them selves available to everyone who was at that school, their parents and all others related to the victims.




Kitsuneinabox -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:52:43 PM)

I'm noticing the issue that on top of this child being a survivor, it is suggested they were at no point in the line of fire, and did not witness someone being shot. "The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire..." That just bothers me.




tazzygirl -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 12:57:38 PM)


quote:

ORIGINAL: Kitsuneinabox

I'm noticing the issue that on top of this child being a survivor, it is suggested they were at no point in the line of fire, and did not witness someone being shot. "The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire..." That just bothers me.


I saw reports of one child surviving, coming out covered in blood, saying how she played dead.




tazzygirl -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 1:03:11 PM)

quote:

Should it be? I don't think so. If emotions play into a law, then, it isn't truly a law. Backgrounds and particulars being equal, there should be no difference in the sentences for a given crime. I do know that in criminal cases, there is a greater burden of proof required, and that's all well and good, but the results can't be tied to emotion, regardless of the level. Imagine how poorly that would go if there was a lawyer that was eminently capable of toying with a jury's emotions.


There are many lawyers who are eminently capable of doing just that.




tazzygirl -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 1:12:59 PM)

quote:

X is a product.  There are many things that can be used to kill people.  They pretty much all have a secondary use if not more. 


Whats the secondary use for guns?

quote:

Y is blaming a third entity for the actions of a second entity. They are not producing anything. At least the lawyer would be doing some work. Y is just trying to make money on a tragedy.


Y is blaming a third entity for failing to prevent the second entity from doing harm. Case in point... bullying lawsuits. The schools didnt do the bullying. But they did fail to prevent it from happening anymore once they were aware of the problem.




dcnovice -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 1:17:45 PM)

quote:

Whats the secondary use for guns?

An OTC alternative to penile implants?




tazzygirl -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 1:29:15 PM)

LOL




TheLilSquaw -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 2:40:58 PM)


quote:

ORIGINAL: dcnovice

quote:

Whats the secondary use for guns?

An OTC alternative to penile implants?


Made me spit my tea!




Aylee -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 3:25:08 PM)

quote:

ORIGINAL: tazzygirl

quote:

X is a product.  There are many things that can be used to kill people.  They pretty much all have a secondary use if not more. 


Whats the secondary use for guns?



Than killing people?  Hunting animals and self-defense.  For the self-defense, most of the time the firearm does not need to be fired to be effective.  It just has to be shown.  There is also the reduction in crime.  States with less firearm restrictions have less violent crime, than do states with draconian restrictions.  Look at Chicago.  Almost the toughest firearm laws in the country.  They just celebrated their 500th homicide.  87% of which involved guns. 




tazzygirl -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 4:24:12 PM)

quote:

Than killing people?  Hunting animals and self-defense.  For the self-defense, most of the time the firearm does not need to be fired to be effective.  It just has to be shown.  There is also the reduction in crime.  States with less firearm restrictions have less violent crime, than do states with draconian restrictions.  Look at Chicago.  Almost the toughest firearm laws in the country.  They just celebrated their 500th homicide.  87% of which involved guns. 


What is the purpose of having a gun? Is it killing? When you hunt, dont you kill? When you protect, isnt that protection with the threat of a potential for killing?




JeffBC -> RE: First lawsuit filed in Sandy Hook tragedy (12/30/2012 4:31:53 PM)

My thoughts about the people who filed that lawsuit are not fit to be written... not even in P&R.




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