- January 12th, 2009, 8:25 pm
#224543
I wish it were this simple but joint and several is the darling of the plaintiff bar as they are only looking for deep pockets. Not much else makes sense. Basically, you apply the four negligence statutes to the perpetrator - person A in the scenario. After that, the court will join anyone (deep pockets) who can be shown to have only 1% negligence (property owner is generally all you need to be in the cross hairs). The 1% negligent party (deep pockets) is then responsible for 100% of the perpetrators damages. It's just my opinion, that LU putting in writing any type of support for gun ownership would be used by the plaintiff's attorney to inflame a jury pool that may not be totally supportive of LU in the first place. The jury pool's potential animosity toward LU I believe separates us from the CVCCs of the world. I worked in Student Development a number of years and saw too many crazies, suicidal students etc etc to think this is a good idea.
Hope I didn't bore anyone.
makarov97 wrote:Just so you know, I wasn't/am not trying to be a jerk. I don't want you to take my posts the wrong way.[/quote End PostFeel like I'm in kindergarden now but okay duty owed, duty breached, prox cause and actual damages. Proving Wawa had 1% negligence is all you need and any jury, looking at a crying widow is going to say Wawa should have had one more night light on their lot.But you still have to prove all four negligence elements in regards to Wawa. If the elements are not there the case shouldn't even get to the jury. You are right in that juries are often populated with idiots, but I don't think that the juries in Utah and Colorado are always better than juries in Virginia.
I'd argue that you'd be hard pressed to prove negligence on the part of the University simply because they permitted what was already authorized under State law.
I'm back to work now so you guys are on your own.
I wish it were this simple but joint and several is the darling of the plaintiff bar as they are only looking for deep pockets. Not much else makes sense. Basically, you apply the four negligence statutes to the perpetrator - person A in the scenario. After that, the court will join anyone (deep pockets) who can be shown to have only 1% negligence (property owner is generally all you need to be in the cross hairs). The 1% negligent party (deep pockets) is then responsible for 100% of the perpetrators damages. It's just my opinion, that LU putting in writing any type of support for gun ownership would be used by the plaintiff's attorney to inflame a jury pool that may not be totally supportive of LU in the first place. The jury pool's potential animosity toward LU I believe separates us from the CVCCs of the world. I worked in Student Development a number of years and saw too many crazies, suicidal students etc etc to think this is a good idea.
Hope I didn't bore anyone.