Widow sues homeonwer after he's no-billed

[Andras]

Didn't Frosh assure us this would never happen?

http://www.buffalonews.com/city/article313145.ece

The widow of David W. Park, an Albany teacher who was shot and killed as an intruder in an Amherst home, has filed a wrongful death lawsuit against the homeowner who pulled the trigger.

The lawsuit accuses David D'Amico of the "willful, intentional, malicious" slaying of Park, and acting "without just cause [or] provocation."

Deanna Ripstein, Park's widow, filed the State Supreme Court lawsuit eight months after an Erie County grand jury -- following an extensive Amherst Police investigation -- decided not to file criminal charges against D'Amico.

more at link.

Fortunately, the comments are running 95% in support of D'Amico.

 

[Norton]

His response would be, "Did he successfully sue and win?".

Senator Frosh, being an attorney whose firm practices these sort of suits, believes that it's a fundamental right to sue anyone even if the suit is unwarranted and the respondent in the suit is financially ruined defending against the suit.

 

[joppaj]

Frosh told us that anyone could sue anyone anytime for anything. I think that if this case is tossed, it would prove his assertation that they'd never go forward. You and I know that the burden, the irritation, the overall asshattery of the suit matters but to a lawyer it's not important. Thankfully we won that fight last year.

 

[Drmsparks]

This is my old home town.....

It's Erie county New York.

It used to be essentially no issue. Very difficult to get permits....New York has local judges handle permitting- and that's permitting to own, not just carry. Judge in charge felt no one needed handguns period.

In the early 90's a middle aged Amherst diamond merchant was in a fender bender. The driver of the other vehicle came after him with a tire iron.

The merchant, who was transporting stones at the time, tried to retreat within his car. The other driver threw open the door to the truck and the merchant shot him.

I believe they sentence him to 15 years for murder.


Not a friendly place for gun owners.....

 

[mackie]

I read a few of the comments, and love how the one person stated that the homeowner could have shot Park in the leg, or not at all. It's nice to be able to sit back and disect what happened with out having to worry about the concicenses. Fortunatly for the homeowner he was on the phone with 911 when he shot his intruder.

 

[Dogabutila]

"acting without just cause or provocation"?

rofl.

 

[MDFF2008]

I thought Frosh's specific argument is that it had never happened in Maryland.

 

[Maryland_Shooter]

His response would be, "Did he successfully sue and win?".

Senator Frosh, being an attorney whose firm practices these sort of suits, believes that it's a fundamental right to sue anyone even if the suit is unwarranted and the respondent in the suit is financially ruined defending against the suit.

When they start whacking the lawyers with costs, not to be passed on to the client, this stuff will stop.

You also have a counter claim - or I should say claims for this sort of nonsense.

If it's a corporation, the S.L.A.P.P statutes are quite useful.

S.L.A.P.P = Strategic Litigation Against Public Participation

Litigation is ALWAYS a last resort and most can't go pro-se; however if you can do just a smattering of law, you can usually get them to go away.

Ask me how I know

Actually don't ask - just take my word for it.

 

[press1280]

The asshat attorney for the dead guy is claiming he wasn't at fault. Even if it wasn't his intention to go into that particular house, he was the one who got drunk and did just that. The guy's a low life ambulance chaser.

 

[mikec]

The asshat attorney for the dead guy is claiming he wasn't at fault. Even if it wasn't his intention to go into that particular house, he was the one who got drunk and did just that. The guy's a low life ambulance chaser.

I have to check with my sister. My brother in law is a lawyer in that area.

Frank A. Sedita, that is a name from the past. His grandfather was mayor of Buffalo when I was a kid.

The Amherst PD is top notch. They are very professional.

 

[Drmsparks]

The Amherst PD is top notch. They are very professional.

The must have got betta. In all seriousness, a lot of Buffalo has moved in and they have been facing real crime for the last 10 years or so.

.....Before that they were mainly the enforcement arm of the home owners associations and spent most of their time chasing beer drinking kids through the woods.....

back to my earlier post, I want to stress the merchant was convicted by a jury of his "peers", not just a judge. There used to be a lot of anti gun feeling out there.....

 

[Oldcarjunkie]

Shame the guy had to die cause he was a dumb drunk, but i can def see why the homeowner felt that it was the only option left as the guy was trying to make his way up the stairs towards them after numerous warnings to stop.

 

[28Shooter]

"When they start whacking the lawyers with costs, not to be passed on to the client, this stuff will stop."

Absolutely right! I once saw a judge award $1.00 to guy whose lawyer brought a frivolous accident claim to trial. The judge lectured the attorney for bringing such a suit forward, wasting the court's valuable time, and then awarded his client one dollar with a statement that he hoped his attorney was working on a contingency basis.