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First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:09:44 AM   
JstAnotherSub


Posts: 6174
Status: offline 		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?

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:16:13 AM   
captive4ever


Posts: 98
Joined: 8/16/2011
Status: offline 		In a society where people have such unrestricted access to guns and where it has become a regular occurrence for citizens to go out and shoot innocent people, including children, for no reason, why does it come as a surprise that there are other sick people who will sue anyone they can think of to make a buck out of the tragedy?

Then there were the looters in NY and NJ after Super-storm Sandy.

Perhaps we reap what we sow...

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:27:18 AM   
RacerJim


Posts: 1583
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Status: offline 		In a society which has slowly but inexorably distanced itself from the family unit, church, personal responsibility, "Do Unto Others As You Would Have Others Do Unto You", "Ask not what your country can do for you, ask what you can do for your country.", etc. etc, ...

We do indeed reap what we sow...

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:27:57 AM   
TheLilSquaw


Posts: 2340
Joined: 10/24/2012
From: Middle River, MD
Status: offline 		In a code red, teachers are supposed to lock their classroom doors.
Issue with that is subs are not given keys at most schools.
So they can't lock their doors.
This issue has already been brought up regarding the sub that was killed.
Did the school fail to take steps to to protect children and staff from foreseeable harm?
In this case I think so.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:31:01 AM   
Phoenixpower


Posts: 8098
Status: offline
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?


I totally agree with you JstAnotherSub...and actually wonder how these particular parents would respond if the gun law would get changed and they would not be allowed to have one anymore in the first place (nope...not another gun law thread here intended....just a thought, not more...) they probably would just sue again for the next $100 million, this time for the government daring to restrict their rights  

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:49:01 AM   
thishereboi


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Status: offline 		Some people will do anything for a buck and use any opportunity to get it. 
Winning a shitload of money won't erase the kids memories but I doubt the parent is honestly thinking about the child right now.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 5:54:09 AM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		People rarely win what they sue for. This amount was an attention grabbing amount.. and it worked.

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

Typically, these types of suits arent meant to win huge money amounts, but to force effective change within the system they are suing. Hopefully, it works.

< Message edited by tazzygirl -- 12/29/2012 5:55:42 AM >

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 6:05:05 AM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
Status: offline
quote:

ORIGINAL: TheLilSquaw

In a code red, teachers are supposed to lock their classroom doors.
Issue with that is subs are not given keys at most schools.
So they can't lock their doors.
This issue has already been brought up regarding the sub that was killed.
Did the school fail to take steps to to protect children and staff from foreseeable harm?
In this case I think so.

I suppose this is where the difference in society lies.

Over here, apart from external doors, most of our inner classroom doors in our schools don't have locks on them.
You might find a lockable door on a library or a gymnasium or a science lab storage cupboard, but that's about all.
Guns are such a rare thing here that the possibility of this type of event isn't even thought about.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 6:25:35 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
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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?


Of course it was foreseeable. I think I'm going to sue my school district for the mental strain they have caused my kids because they don't have a plan in place to keep the kids safe in the event of a meteorite strike on the school.

This is one of those cases where I wish my ideas to prevent frivolous lawsuits would be in place. The lawyers that thought this was a good idea should have to pay all court costs, including those of the defense, if the case is thrown out. The judge should have the opportunity to look the plaintiff and plaintiff's representation, give them the finger and tell them to take the lawsuit and to get the fuck out of their court. Would love to see some sort of "staff" lawyer (or law intern?) get the opportunity for experience in prosecuting for wasting the time and money of taxpayers with these BS suits.

(Edited to add the smiley to show that I'm being sarcastic, just in case anyone were to not catch it.)

< Message edited by DesideriScuri -- 12/29/2012 6:26:40 AM >

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 6:33:13 AM   
TheLilSquaw


Posts: 2340
Joined: 10/24/2012
From: Middle River, MD
Status: offline
quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: TheLilSquaw

In a code red, teachers are supposed to lock their classroom doors.
Issue with that is subs are not given keys at most schools.
So they can't lock their doors.
This issue has already been brought up regarding the sub that was killed.
Did the school fail to take steps to to protect children and staff from foreseeable harm?
In this case I think so.

I suppose this is where the difference in society lies.

Over here, apart from external doors, most of our inner classroom doors in our schools don't have locks on them.
You might find a lockable door on a library or a gymnasium or a science lab storage cupboard, but that's about all.
Guns are such a rare thing here that the possibility of this type of event isn't even thought about.


Typically inner school doors here and the ones I worked at in California to lock or unlock the classroom door you had to have a key.
Janitors or admin unlock the classroom door for subs before the school day begins.
So again if there is a code red, those classrooms can't be secured.

The sub that killed the day of Sandy did not have key even though she was a long term sub.
Again which is standard for many school districts.

I think this is a policy that NEEDS to be changed.

ETA: If my child where in a classroom that could NOT be secured because the district did not give keys to sub and my child was injured or killed. I would hold the school district responsible. In my eyes they did not take realistic steps to keep my child safe.





< Message edited by TheLilSquaw -- 12/29/2012 6:48:31 AM >

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 8:54:40 AM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
Status: offline
quote:

ORIGINAL: RacerJim

In a society which has slowly but inexorably distanced itself from the family unit, church, personal responsibility, "Do Unto Others As You Would Have Others Do Unto You", "Ask not what your country can do for you, ask what you can do for your country.", etc. etc, ...

We do indeed reap what we sow...

Well, you may be right but it is glacial slow. I am not buying this oh-to-typical right wing harangue.

America is one of the most religious societies on the planet, families are still very much being formed, just later in life because of course, it costs real money...too much for the impoverished and further impoverishing of most of western society, not just the US.

And if the capitalist/corporatist reflected the personal responsibility of 80% of the American society...we wouldn't need the SEC.

The biggest sinners and crooks in the world...are the rich. The poor and middle class are already doing what they can for their country. Countless lives lost and $trillions of theirs...wasted.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 9:05:42 AM   
subrob1967


Posts: 4591
Joined: 9/13/2004
Status: offline
quote:

In a society where people have such unrestricted access to
Lawyers and progressive liberal Judges, frivolous lawsuits like these become the norm, not the exception.

That Lawyer doesn't give a shit about the child, he only cares about the $$$$ he see's floating in front of his eyes.



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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 9:24:22 AM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline
quote:

ORIGINAL: TheLilSquaw

quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: TheLilSquaw

In a code red, teachers are supposed to lock their classroom doors.
Issue with that is subs are not given keys at most schools.
So they can't lock their doors.
This issue has already been brought up regarding the sub that was killed.
Did the school fail to take steps to to protect children and staff from foreseeable harm?
In this case I think so.

I suppose this is where the difference in society lies.

Over here, apart from external doors, most of our inner classroom doors in our schools don't have locks on them.
You might find a lockable door on a library or a gymnasium or a science lab storage cupboard, but that's about all.
Guns are such a rare thing here that the possibility of this type of event isn't even thought about.


Typically inner school doors here and the ones I worked at in California to lock or unlock the classroom door you had to have a key.
Janitors or admin unlock the classroom door for subs before the school day begins.
So again if there is a code red, those classrooms can't be secured.

The sub that killed the day of Sandy did not have key even though she was a long term sub.
Again which is standard for many school districts.

I think this is a policy that NEEDS to be changed.

ETA: If my child where in a classroom that could NOT be secured because the district did not give keys to sub and my child was injured or killed. I would hold the school district responsible. In my eyes they did not take realistic steps to keep my child safe.



Were that part of the suit, I would likely agree with you.  However, this suit is using what the child heard over the PA system as the basis of the trauma the child suffered and that just doesn't fly with me.  I'm sure this child is having nightmares over the incident and certainly that was something no one, let alone a small child should have to hear, but there really wasn't a way to prevent that from happening. 

Really, when someone is storming through a building with an automatic weapon, exactly what does anyone think a locked door is going to do?  Yes, he might have bypassed locked doors looking for open ones, but he just as likely would have blasted through the rooms closest to his entry.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 9:25:10 AM   
JstAnotherSub


Posts: 6174
Status: offline
quote:

Typically inner school doors here and the ones I worked at in California to lock or unlock the classroom door you had to have a key.
Janitors or admin unlock the classroom door for subs before the school day begins.
So again if there is a code red, those classrooms can't be secured.


I only know about the district I work for and a couple of other ones, but in those, no key is needed to lock the doors from the inside, and subs are given keys when they sign in, so that they can also secure the rooms when they leave them to go to specials or something else.

We do code red drills frequently, and everyone takes them seriously, but I honestly do not think anything could prevent a person hellbent on destruction.

Like I said before, I do not know the answer to preventing things like this in the future, but in my opinion, a lawsuit against the government is not the way to fix it.

I will gladly come back and admit how wrong I am if I am proven wrong though. I would welcome anything to prevent another tragedy like this one.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 9:41:38 AM   
Moonhead


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Joined: 9/21/2009
Status: offline 		You live in a litigatious society, so this sort of unspeakable twattery is a given, sadly.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 10:02:38 AM   
TheLilSquaw


Posts: 2340
Joined: 10/24/2012
From: Middle River, MD
Status: offline 		I've subbed for many schools, most of which were in California.
I can say that it was against district policy to give out keys or even the code for the copy machine to subs.
The schools I worked at in MD didn't either. It was again district policy.

As I said even the admins have stated the sub who was killed did not have a key to her classroom.

What could a locked steel door?

Sure someone MIGHT be able to shoot through it, but you are still given a hell of a lot more protection with locked door than a door that is wide open or unlocked.

My sons former high school, did 2 red alert drills last year. That's it.
I'm sorry that isn't enough IMO.






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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 10:58:20 AM   
JstAnotherSub


Posts: 6174
Status: offline 		I agree about the steel door. All the classrooms here have a glass panel in them. I would imagine this is so someone can always look inside, which eliminates the chance for an adult to be alone with a student.

There are so many things I can think of that might help stop this, but, nothing comes to mind that would stop someone hellbent on destruction.

I think that is going to require helping them before they get the idea to do something like this, rather than stopping them once they have made up their mind to do something like this.



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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 12:28:03 PM   
TheLilSquaw


Posts: 2340
Joined: 10/24/2012
From: Middle River, MD
Status: offline 		The last school I worked at didn't have glass panels they had peep holes.
Which I thought was a nice safety feature.


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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 1:31:44 PM   
PeonForHer


Posts: 19612
Joined: 9/27/2008
Status: offline 		FR

"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."

Oh lordy. How, exactly, is 'responsibility' to be assigned? On what basis is it that these education officers are to be blamed, rather than, say, any local government, or the central government? Come to that, should the makers or sellers of the guns in question be made to cough up some money? Frankly, I'd consider harm being foreseeable the moment a gun is made, never mind when it reaches the hands of an unstable kid. But, then, I'm probably not using the word "foreseeable" in quite the required way here.

But, still . . . if it hurts any pocket(s) in a big way at all that could help instigate change in a way that any amount of mass-wailing-and-blubbering could never do.

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RE: First lawsuit filed in Sandy Hook tragedy - 12/29/2012 3:28:33 PM   
Aylee


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Joined: 10/14/2007
Status: offline
quote:

ORIGINAL: JstAnotherSub


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?



Obviously they left their crystal balls in their other pants that day. 

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