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On Frivolous Lawsuits

So the discussion here lead to speculations on how a judge will rule on this case. I did a little reading of some bullshit lawsuits in the mid-90s. First probably the most famous one:

A twelve-person jury reached its verdict on August 18, 1994.[16] Applying the principles of comparative negligence, the jury found that McDonald’s was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck US$200,000 in compensatory damages, which was then reduced by 20% to $160,000. In addition, they awarded her $2.7 million in punitive damages. The jurors apparently arrived at this figure from Morgan’s suggestion to penalize McDonald’s for one or two days’ worth of coffee revenues, which were about $1.35 million per day. The judge reduced punitive damages to $480,000, three times the compensatory amount, for a total of $640,000. The decision was appealed by both McDonald’s and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount less than $600,000.

…Detractors have argued that McDonald’s refusal to offer more than an $800 settlement for the $10,500 in medical bills indicated that the suit was meritless and highlighted the fact that Liebeck spilled the coffee on herself rather than any wrongdoing on the company’s part. They also argued that the coffee was not defective because McDonald’s coffee conformed to industry standards, and coffee continues to be served as hot or hotter today at McDonald’s and chains like Starbucks. They further stated that the vast majority of judges who consider similar cases dismiss them before they get to a jury. From 2002 to 2007, an offshoot from a weekly news column by writer Randy Cassingham resulted in a website called the “Stella Awards”, which purported to give awards to people who filed “outrageous and frivolous lawsuits”.

Now there was one that I had heard about as a teen from a Friend. I looked it up, expecting to find a Snopes page rather than an actual court document. In the telling, my friend said the complainant was a man, and that the ball had been chipped into the woods where it hit an abandoned rail line and bounced back. The case was actually MUCH worse:

At the trial the following evidence, inter alia, was submitted: Crossing the first fairway of the Club’s nine-hole golf course are railroad tracks that are elevated approximately two feet above the fairway. The tracks can be seen from the first tee, and are depicted on the Club’s scoring cards and on a sign at the first tee. The Club has a “free lift” rule that allows a golfer whose ball lands near the tracks to place the ball across the tracks. The “free lift” area is designated by red markers approximately fifteen feet from the tracks. The parties stipulated that the Bangor and Aroostook Railroad Company owns the tracks, the land on which they are situated, and a strip of land that extends 33 feet on either side of the tracks.

On September 6, 1985, the Pelletiers played golf at the Club where Jeannine had played approximately 20 times previously. On the first hole, Jeannine’s second shot landed approximately 43 feet from the tracks. Jeannine’s next shot ricocheted off the tracks, hit her in the face, and injured her nose and face.

At the close of the Pelletiers’ case, the Club moved for a judgment as a matter of law, contending that it owed no duty to Jeannine because it neither owns the railroad tracks nor the land on which they are situated. The trial court denied the motion. By a special verdict form, the jury found that (1) the Club was negligent, (2) Jeannine was negligent, (3) Jeannine’s negligence was not equal to or greater than the negligence of the Club, (4) Jeannine’s total damages were $250,000 and (5) Jeannine’s total damages were to be reduced to $40,000. No damages were awarded to Gerard for loss of consortium. After a hearing, the trial court denied the Pelletiers’ motion for a new trial or, in the alternative, for an addition to the damage award to Jeannine and an award of damages to Gerard. From the judgment entered in accordance with the verdict, the Pelletiers appeal, and the Club cross-appeals.

So I didn’t even know it was from Maine, or that it was THAT bad a suit. Still this case also won some BIG money.

Still the results of this case conform to what many in the comments section said. When there are two negligent parties, levels of negligence are examined for the judgement. These cases also show that the courts can be completely full of shit, as McDonald’s Coffee was NOT abnormally hot, and the complainant indeed spilled the beverage she KNEW to be hot on herself through her own negligence. And the Maine Golf Club had made all patrons clearly aware, and marked where the rail line existed on the 1st whole, and added a club rule where the players could hand-carry the ball across the tracks if they failed to clear them on their first shot, and the complainant elected to take a second swing at the ball after her first shot when terribly wrong.

So what does this say about the self-inflicted gunshot wound in the gun store? Well the shop was INDEED negligent by supplying a gun that by all reason must have had a loaded magazine in it to a customer. Still the officer was likely trained in the safe handling and operation of a firearm, he disregarded this by A) not properly clearing the gun when it came into his possession, B)by sweeping every living soul in the shop, including himself, with a firearm he had not verified as clear, C) By pulling the trigger in a totally negligent manner where both he and a customer were beyond the muzzle…plus if you’re feeling the trigger, holding it like this is NOT going to give you a good feel for the the break.

So yeah, if the court is full of shit, this officer will get a payday for his stupidity….if it’s legit it should rule that the shop WAS negligent, but not even vastly as negligent as the officer who was shot, so no damages awarded IMHO.

Posted in Uncategorized | 13 Comments

Some Car Porn

Saw one of these in a used car lot up the street. Pointed it out to the wife who promptly said “NO!” I can’t say she was wrong…I was still a little sad. Didn’t even stop to see what the price was…

And this was just for the LOLz

“This car is a Shitbox!” I agree! 🙂

Posted in Cars | 3 Comments

Country Club Crazy, and the Antis Pounding the Round Peg in the Square Hole

So if you haven’t heard it yet, John Boehner’s bartender was bug-nuts Crazy!

John Boehner’s former bartender once made plans to slip poison into the House speaker’s drink, or shoot him and drive away, authorities say.

Among the reasons driving the alleged assassination plot: Michael Hoyt heard voices that told him Boehner was evil. He thought the Ohio Republican was the devil. He blamed Boehner for the Ebola outbreak. And he thought the speaker was mean to him.

…The story of Hoyt’s arrest was first reported by WCPO in Cincinnati. According to a complaint filed in federal court in Cincinnati and obtained by CNN, police learned the details of his alleged plans after Hoyt called officers on Oct. 29.

“Hoyt told the officer he was Jesus Christ and he was going to kill Boehner because Boehner was mean to him at the country club and because Boehner is responsible for Ebola,” United States Capitol Police Special Agent Christopher Desrosiers reported. “Hoyt advised he had a loaded Beretta .380 automatic and he was going to shoot Boehner and take off.”

Police said Hoyt also emailed Boehner’s wife, Debbie, twice.

“If I had any intention of hurting Mr. Boehner, I could have poisoned his wine at Wetherington many, many times,” police said he wrote in one of his emails.

So he was a straight-up paranoid psychotic. It’s hard to judge threats like this, since essentially people like this are living on what is a constant high-level acid-trip of the worst kind. Could be he really was planning on killing the speaker of the house and might have done it given the opportunity, or it could be at those moments he thought that’s what he’d do. For all we know he could have cooked up a deadly glass of wine for Fuss-buget Boehner, or shot him in the head…or possibly he could have poured a box of baking soda in a wine goblet because the voices told him it was a magic poison that would be disguised as wine by his divine will….or maybe he would have done nothing. You never can tell.

Now enter the Brady Bunch. First let’s look at their press page. they have a release on this event, one on George Zimmerman allegedly throwing a wine bottle at his girlfriend (What that has to do with guns, is beyond me), One on the retirement of Barbara Boxer, and one mourning the death of Mario Cuomo.

Note there is NOTHING on the terrorist attack in Paris. I just thought I’d point that out first.

Now the Story at hand:

On January 7, a federal grand jury in Cincinnati indicted Michael Hoyt, a bartender who had told police in October that he believed he was Jesus Christ, and that he had a loaded .380 Beretta handgun, with which he planned to shoot House Speaker John Boehner (R-Ohio). Hoyt had recently lost his job at a country club where Boehner was a member.

First note that they ONLY talked about his threats with a gun, NOT his threats with poison. See if this loon had put antifreeze or Methanol in one of Boehner’s drinks, it wouldn’t be a “Gun Death”, and they simply wouldn’t care…but if he SHOT him, even non fatally, that is cause for alarm!

Police found the handgun in his home, and Hoyt was voluntarily taken to the University of Cincinnati hospital for a psychiatric evaluation at the time. A later search of his house turned up an SKS assault rifle magazine and boxes of 7.62 ammunition for the rifle and .380 rounds for the handgun. Officers said they also found a bullet hole in the wall of Hoyt’s bedroom.

Officers said they later recovered Hoyt’s SKS assault rifle at his mother’s home in Kentucky. She told investigators she removed it from his home while he wasn’t there because she noticed he was not eating or sleeping and becoming increasingly agitated.

So he had guns, and EVERYBODY has access to poisons that could be disguised in a drink, so motive and opportunity are present, so this is a good arrest in my book. So what is the Brady Campaign Solution for this issue?

Dan Gross, President of the Brady Campaign to Prevent Gun Violence, stated:

“We are thankful that any potential attack was prevented and for the good job done by the FBI, the Capitol Police, and local authorities in Ohio in thwarting a potential assassination attempt. We wish Speaker Boehner and the Republican Congress would realize that Brady background checks afford law enforcement with a tremendous opportunity to help keep guns out of dangerous hands, including those of the severely mentally ill. Brady background checks on gun purchases have blocked 2.4 million sales to dangerous people since the bipartisan passage of the Brady bill in 1993.

“Brady background checks save lives. Brady estimates that they have blocked some 358 purchases every day to dangerous people. Yet in the majority of states, criminals and other dangerous people who are not allowed to own or buy guns legally are still able to avoid background checks by making purchases online or at gun shows.

“Hopefully, the Republican Congress will heed this indictment of the Speaker’s would-be assassin as a wake-up call to keep guns out of the hands of dangerous people, including felons, fugitives, domestic abusers, and the severely mentally ill. In order to keep our kids and communities safe, the Republican Congress needs to finish the job by expanding Brady background checks to all gun sales. But if the Republican Congress refuses to finish the job, then we’re prepared to expand the fight at the state level for gun violence prevention in order to build pressure on Capitol Hill.”

Well except from all reportings, this guy was NOT a prohibited person! He could have walked into any gun shop in the nation and bought a gun, and however he acquired the guns he had, it was likely legal. Of course he was an uncontrolled psychotic, and I’m glad he’s getting the help he needs. It sucks that he COULD have committed murder, or harmed himself in his addled state, but that’s one of the downsides of Liberty. You need a court of law with full due process to remove somebody’s rights, which is exactly what happened. It would be nice if there was a way to bring somebody before a judge when they are in a mentally ill state to FORCE them to get treatment if they are found to be a danger to themselves and others, but that’s a topic for another day, and NOT what the Brady Campaign is talking about.

Further by implementing the “Universal Background Check” laws, it would have turned his MOTHER into a felon for taking possession of his rifle while he was in a bad way. So yeah, if the Antis had what they wanted in this case it would have only made things WORSE rather than better.

But it’s not like they care about making things BETTER.

Posted in Freedom, Guns, Politics, Safety | Leave a comment

“Gun Death” Kidnapping and Murder

a Sick one!

An 8-year-old girl reported missing from her Arizona home was strangled, authorities said Friday as they continued to investigate the case.

**REDACTED**, a 26-year-old Bullhead City man with a lengthy criminal history, was charged with kidnapping and first-degree murder in her death. Authorities described him as a family friend who was staying at Isabella’s home at the time she disappeared. He is being held without bond.

So horrible. Am I supposed to take solace that at least he didn’t shoot this little girl???

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Posted in Gun Death? | Leave a comment

A Leopard Can’t Change His Spots

I really hate it when people claim that the penal system is also a rehabilitation system for criminals to turn their lives around:

Three ex-inmates released from a budget-squeezed Ohio jail over the weekend have already been arrested on new charges.

The three were among 71 inmates allowed to leave the Summit County Jail Sunday by Sheriff Steve Barry because of budget cuts he says are restricting his ability to safely run the facility.

The Northeast Ohio Media Group reports one man was arrested Sunday night on a theft charge after claiming he couldn’t pay an Akron restaurant tab because he forgot his money.

The report says the man was sentenced for similar schemes in the past.

A second man was charged with drug paraphernalia possession after police in suburban Barberton said he was revived after a heroin overdose.

Now thankfully none of these people were violent offenders. I’m of course one of those guys who sees the “War on Drugs” as not only a lost “war” but something that does far more harm than simply letting people drug themselves to whatever state they want. The dude who was jailed after a Heroin OD is obviously a junkie, so when he got out, he went back to his habits. Sounds like he has a serious problem, but I doubt the court systems alone will get him off the H-Train, that’s something he needs to figure out on his own…or not and die of another OD…I could care less!

The other two inmates are thieves, I don’t know how to handle this, as we can’t just go executing them or cutting off their hands like they do in Islamic states, and if we locked them up for a long-weekend, or 2 years, chances are they will either decide for themselves if stealing is still worth it. Again, personal choice, not the penal system.

Still a great story that illustrates how the criminal class operates.

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Posted in Freedom, Politics, Safety | 1 Comment

So Much To Talk About Here

So first watch the video. My Goodness it made me itch!

So let’s go over what’s there first. Cop in full uniform is browsing guns in a gun shop. The shop keeper hands the gun to him with a magazine inserted and the slide closed. Video it too grainy to make out the model of gun. If it was something like a Kel-Tec P3AT or Ruger LCR maybe it doesn’t have a slide stop. Still the person behind the counter committed a serious error, but we’ll get to that. Still from the grainy video it looks to me like a Colt Mustang, or a SIG P238…but again the video grainy as hell.

Cop takes the gun, and there 6 people in the frame. He muzzles ALL OF THEM, he then decides that the best place to keep his left hand is in front of the muzzle. He racks the slide…I don’t see a live round get ejected…but this means the gun had a loaded magazine in the well. Bad on the shop for letting this get by inspection, and bad on the person behind the counter for not fully clearing the gun.

Of course bad on the cop for not clearing the gun himself. NEVER trust a gun handed to you, even if the gun is open, or you saw the person clear it. Check for yourself, it only takes a second.

Still the biggest blunder is he then tests the trigger with his hand in front of the muzzle!!! WHY???? The gun discharges, hits the officer in his hand, and thankfully misses the guy in the blue jeans who also happens to be down range.

Now onto the story:

A former Glasgow police officer is suing a Barren County gun store after being handed a loaded gun from under the counter and accidentally shooting his finger off.

Technically speaking the gun WASN’T loaded, and the officer loaded it as he negligently handled the gun.

He then held the gun after receiving it from under the counter. Smith began to examine the gun and then cocked it. The gun was actually loaded and fired, shooting off part of Smith’s index finger.

Smith’s attorney, Alan Simpson, said the incident caused him to lose his job as a police officer, and the suit is to make up for income he’s lost.

I for one am glad this officer is off the street. Do you think he handled his duty weapons any differently than this? Now to be fair, when you’re at a gun shop, it’s a rare occurrence to NOT be muzzled if the shop is doing heavy business. Much of that is shopper negligence, but sometimes it’s just the nature of handling lots of guns in a confined space. Still most of the people who are a bit lax with their muzzle control are newer shooters, not the “only ones” who are allegedly qualified to handle firearms.

The lawsuits claims the Barren Outdoors employee didn’t do a safety check on the gun, and therefore Smith is suing for negligence.

It was indeed negligent, I don’t know if it deserves to go to court. Frankly it’s just good business and self-preservation for gun stores to clear and inspect every firearm before handing them to customers, because if the person is lax with gun handling, like this officer, the first person to be muzzle-swept is the person who handed them the gun. While I can’t fault the customer 100%, because people who venture into gunshops are sometimes BRAND NEW shooters who aren’t familiar with all the way guns work. They may not know how to drop the magazine, or lock the slide back. They may not know all the procedures to clear a gun.

Still given that this guy had a semi-auto of his own on his hip, he DID know how to clear a firearm like this, and probably has a certification on his record. Further I assume during police weapons training and certification they drum into you NEVER to treat a gun as if it’s unloaded, or to simply assume, or take somebody’s word for it that it was unloaded.

I guess I think the suit would make a LOT more sense if the shooter was indeed a brand-new shooter, rather than somebody who has been officially trained to NEVER do all the things that he did on camera.

Last up, I thought I’d share this telling of the story:

A former Glasgow, Scotland police officer is suing a gun shop after he accidently shot his index finger off with a loaded gun handed to him by a clerk.

Officer Darrell Smith walked into Barren Outdoors gun store in March and asked to see a .380 caliber handgun, WBKO-TV reported.

When the clerk handed him the weapon, Smith began to examine it. Upon examining the powerful handgun, he cocked it and the gun went off. Smith shot a portion of his left index finger off.

Heh yeah, a cop from Galsgow SCOTLAND just happened to walk into a gun store in full uniform, that ironically happened to be Glasgow Kentucky! (BTW I knew a woman once who moved from Cambridge England to Cambridge Mass) And of course a pocket .380 is a “powerful Handgun”.

Good job guys! Also go ahead and read the comments if you want some LOLz!

Posted in Guns, Safety | 6 Comments

Joan Bloviates Over a Bumper Sticker

Sometimes they just open themselves to an attack:

First of all, you’ve gotta love the photo on the left taken by a friend. Can you read the sticker on the back window of the car? It says: “Gun Control- The ability to drop a liberal at 500 yards.” Hahahahahahah. I also love the American flag decal. Such patriots are enough to make me sick.

Here’s the image:

Now first-up it wasn’t an image she took, but one that’s circulating around on Pinterest. Still it reminds me of this story. A “Progressive” talk-show host talks about his dislike of gun laws and the NRA, and then goes on to detail a plan he has to confront a pro-gun person and shoot them, while lying about “feeling threatened”. This is 1st Degree murder, and further would make any legitimate case he may have for self defense in the future VERY difficult to defend. From the same post I said the following:

Now this doesn’t just happen to the left, and this is NOT a partisan post. I’ve occasionally heard gun owners express some foolish bravado about hoping to use the gun, or wanting to see what XYZ Brand hollow-point does to a person. Also I will point out that all of the above cases are all foolish bravado, and I suspect Mr. Malloy is not nearly as brave when he’s standing on his own in public, nor am a particularly impresses with gun owners who brag about how tough they are.

So yeah, I don’t much care for bumper stickers like this. Not only are they crass and rude, but they can really do harm to you in the event you need to defend yourself in a self-defense situation.

Still what bugs me is Joan’s smug nature of being offended and sickened by this bumper sticker. This is the back of some truck owned by some dude, meanwhile I did a whole segment for the Gunblog Variety cast on the nasty and threatening behavior done by the anti-gun lobby against both myself and other 2nd Amendment activists. This isn’t just some dude with a sticker on his truck, but people Joan is openly friendly with, and it isn’t just some vague statement of political bravado, but targeted attacks against individual people.

Sorry Joan, but your “moral high ground” is taking on water!

Posted in Blogging, Freedom, Guns, Podcast, Self Defense | 2 Comments

“Gun Death” UK Beheading

In England where they have very low “Gun Death”

A 25-year-old man was arrested in connection with the death of a woman who was reportedly beheaded in the back garden of a North London home on Thursday afternoon.

The attack occurred in the middle of the day, around 1:00 p.m., in the residential neighborhood, and police sought to allay fears that it might be related to terrorism. Witnesses reported seeing the attacker walking around the neighborhood wielding a machete.
…When police arrived at the scene, they found a “collapsed” woman. They later cornered the man in a house nearby. Several officers evacuated homes in the vicinity and “distracted” the man to prevent him from carrying out other attacks, said Metropolitan Police Commander Simon Letchford.

But remember, low “Gun Death”, so you have NOTHING to be concerned about!

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Posted in Gun Death? | 2 Comments

2A LOL!

LOL!

This makes perfect sense to “Progressives”.

Posted in Freedom, Guns, Politics | 2 Comments