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A Tort Reform Case Study: Acts of Kindness Should Not Be Punished
JWR ^ | 2-8-05 | Jimmy Moore

Posted on 02/08/2005 10:58:03 AM PST by FlyLow

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To: Judith Anne

I have to agree with you on this one. Knocking on people's back door at 10:30pm isn't normal anywhere I've lived.


41 posted on 02/08/2005 12:32:40 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: Doctor Stochastic

Normal is not the standard that allows one to sue another. The actions have to be beyond all bounds of social decency. Giving a gift is not.


42 posted on 02/08/2005 12:33:45 PM PST by shoffma1999
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To: kemathen7

I really take issue with the news slant on this story.

I really think the girls did something very foolhardy.

I really don't blame the lady who went to court over it. She was greatly inconvenienced, if nothing else. If I were her, I'd have let the sheriff handle it, though, and let him press charges.

And my rural friends here in the Ozarks (granted, we are all a bunch of dumb hillbillies, not smart like y'all) think the girls were lucky not to get 1)arrested and 2) shot.


43 posted on 02/08/2005 12:35:59 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Doctor Stochastic
Knocking on people's back door at 10:30pm isn't normal anywhere I've lived.

Same here.

44 posted on 02/08/2005 12:37:28 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: shoffma1999

Going into someone's back yard at 10:30pm is though. Banging on a door late at night (lots of people think 10:30pm is late, not everyone lives in New York), is.


45 posted on 02/08/2005 12:52:18 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: Doctor Stochastic

Banging on someone's door to give a gift late at night is beyond all bounds of social decency? What if someone left a box full of cash - say $1 mill. You think the woman would have sued over that, she still sould have been scared and would have still suffered alleged damages. The girls actions may have been stupid, and they may have been lucky that they didn't get shot or arrested, but suing after the fact is pathetic. Wanita clearly discovered the girls were not attempting to scare her, but were instead giving a gift, and she still sued.


46 posted on 02/08/2005 12:57:53 PM PST by shoffma1999
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To: ssterns

People from Baton Rouge must be real jumpy about visitors. I seem to recall a case a few years ago about a Japanese exchange student who was dressed as John Travolta in Saturday Night Fever and was shot to death as he went to the wrong house for a Halloween night party. He was left bleeding to death in the driveway, as I recall.


47 posted on 02/08/2005 1:19:51 PM PST by sportutegrl
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To: sportutegrl
Well, I don't know about all people in Baton Rouge, but my 80-year-old mother-in-law would be terrified (though not armed).

But it's interesting that you bring up that case: if I recall correctly, the homeowner was acquitted of any wrong-doing. Now, while you'd expect to have unknown people in your yard or driveway on Halloween, you don't normally expect to have someone creeping through your yard and banging at your back door at 10:30pm.

I was raised not to even telephone most folks after 10 pm, let alone show up at their house unexpected and unannounced at that hour.

Jumpy? Maybe, but not necessarily unreasonably jumpy.
48 posted on 02/08/2005 1:46:36 PM PST by ssterns (now the shore lights beckon...you know there's a price for being free.)
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To: Judith Anne

Remind me not to move to your neighborhood.


49 posted on 02/08/2005 1:51:02 PM PST by Terabitten (A quick reminder to the liberals. The election in Iraq was done NOT IN YOUR NAME.)
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To: Tragically Single

You know, you're such a nice person on many other threads, and so reasonable, I wouldn't have thought you'd post something like that.

I do live where not too many other people do--in my whole rural county, the second largest in size in Missouri, there are less than 8000 population.

We have our share of rural meth labs, dope raisers and runners, and criminals of all kinds. I'm a retired nurse, and my hub is 15 years in law enforcement. The property we bought was built by a really great old man and his wife, now deceased. They moved into town, and a dope dealer rented the place and near destroyed it. Long after he went to prison people would come to our house at all hours, looking for him...we found illegal drugs just off our property on State Forest land...it pretty much quit after a couple of years...

We've rebuilt the place, and it's beautiful, isolated, and quiet. We have wild animals of all kinds and sizes here, and we love our home, there's a lot of our blood in it. The kids and grandkids love it. We have really decent neighbors, the nearest house is over a half-mile, nice family people. Our kids went to college together.

You don't want to live anywhere near me? Fine. We don't want to live near anyone. That's why we're here. There is a code around here, I wouldn't dream of disturbing our neighbors late at night, and they wouldn't dream of disturbing us. We all get along just fine, and would give one another the shirt off our backs, no questions asked. There are young teens in the neighborhood, when they are hunting, they give us a call. When we take extra eggs to the neighbors, we call first. We all go to different churches.

This is a very nice, law-abiding section of the county, mostly because no one would DREAM of going to someone else's house at 10:30 p.m., banging on the back door, refusing to identify themselves, and running off. Our one neighbor is a Viet vet, and works for the government now.

We're all armed, mostly because of bears and mountain lions, but a decade ago, it was because we were running drug dealers out.


50 posted on 02/08/2005 2:13:53 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Tragically Single

Just thought you'd like to know about a place where you don't want to live...


51 posted on 02/08/2005 2:16:15 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Judith Anne

I should've made my post clearer, I'm sorry.

I meant that I wouldn't want to live anywhere where I'd get shot at just for knocking on a door late at night. Answer the door with a gun? Sure - heck, I do that myself. But from your posts before, it seemed like you were saying that if I were to come to your door at 10:30pm, I'd better be careful lest I get shot.

Again, my apologies. I certainly didn't intend to give offense.


52 posted on 02/08/2005 2:18:36 PM PST by Terabitten (A quick reminder to the liberals. The election in Iraq was done NOT IN YOUR NAME.)
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To: Tragically Single

None taken, no apology necessary. I like your posts.

Some people on this thread have apparently chosen to completely misunderstand my position on this, because I stuck up for the lady after learning the facts of this case. Frankly, I'll repeat it again: Folks around here think the girls were lucky not to be 1) arrested or 2) shot.

I didn't trust the mainstream media reporting on the case in the beginning, and now, after the facts are clear (and they're on this thread) and after seeing the lady on FoxNews giving her side of it, I'm glad I didn't.

See you around, FRiend.


53 posted on 02/08/2005 2:33:09 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Judith Anne

:)

Good... I'm glad we're still FRiends.

It seems to me that the girls were a bit thoughtless and foolish, to be sure. It also seems to me that the lady went a bit overboard in taking it to court.

I'm glad you got the drug dealers out of your part of the country. Just remember the 3 S's: Shoot, Shovel, and SHUT UP. :)


54 posted on 02/08/2005 2:36:34 PM PST by Terabitten (A quick reminder to the liberals. The election in Iraq was done NOT IN YOUR NAME.)
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To: shoffma1999
Sounds like a beautiful dog. Harm is Alaskan Malamute/Siberian Husky/Chocolate Lab mix. Mama was the Chocolate Lab and Daddy was half and half of the other two. He is a big baby who loves to sit in my lap (squash) and play with squeaky stuffed animals. They are his "babies."
55 posted on 02/08/2005 2:37:31 PM PST by Goodgirlinred ( GoodGirlInRed Four More Years!!!!!)
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To: FlyLow
Last Thursday, La Plata County Magistrate Doug Walker ordered 17-year-old Taylor Ostergaard and 18-year-old Linsey Jo Zelitti to pay a woman $930.78...

There must be more to this story. What lawyer would take a case where he only got a cut of $930.78?

56 posted on 02/08/2005 2:49:25 PM PST by <1/1,000,000th%
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To: Judith Anne
And my rural friends here in the Ozarks (granted, we are all a bunch of dumb hillbillies, not smart like y'all) think the girls were lucky not to get 1)arrested and 2) shot.

It's refreshing to know that America's good-ole fashioned rural values are still in tact. NOT!

You make it sound like you and your neighbors are a bunch of raving nuts. The rural America I know is far more likely to welcome strangers, answer their door with a smile, and appreciate a little human kindness.

The fact that these two girls are being made to pay for this old woman's fear, paranoia, and simply irrational response (leaving town over a box of cookies at the doorstep?) is silly.

If your version of rural America has become the norm, then I must live in some foreign country.

57 posted on 02/08/2005 2:57:33 PM PST by been_lurking
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To: been_lurking

What, did your buddies ping you over here to yank my chain?

I've already explained my position multiple times on this thread. I don't intend to do it again. Why don't you ping somebody else here who agrees with me, and post something equally rude?


58 posted on 02/08/2005 3:05:24 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: been_lurking
The rural America I know is far more likely to welcome strangers, answer their door with a smile, and appreciate a little human kindness.

Note that these girls weren't available when the door was answered; they had knocked, then run off. Likewise, they chose a backdoor, not the front. Also, it was a bit late for casual visitors.

59 posted on 02/08/2005 8:29:25 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: shoffma1999
They did get off light. Based on the circumstances presented in the story, here in Colorado the woman could have shot them to death, and most likely would have been held harmless. That would have been under Colorado's make my day law.

A lot of people have no idea of the true meaning of that old cliché "An armed society is a polite society".

60 posted on 02/09/2005 8:08:35 AM PST by Balding_Eagle (God has blessed Republicans with really stupid enemies.)
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