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Trayvon Martin's parents settle wrongful death claim (One Million Dollars?)
Orlando Sentinel ^ | 04/05/2013 | By Rene Stutzman

Posted on 04/05/2013 10:03:45 AM PDT by Responsibility2nd

Edited on 04/05/2013 10:16:00 AM PDT by Admin Moderator. [history]

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To: Responsibility2nd

101 posted on 04/05/2013 1:12:54 PM PDT by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: DannyTN

I don’t see how the homeowner’s association could be liable for this. But our screwed up legal system allows a shakedown to avoid legal fees.

<><><><

Wasn’t he on Neighborhood Watch? In effect, working for the HoA?


102 posted on 04/05/2013 1:39:33 PM PDT by dmz
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To: cuban leaf
Yup. Ever read the book, “The Testament”? Awesome read.

No I have not, have to check it out.
103 posted on 04/05/2013 1:40:31 PM PDT by ForAmerica (Texas Conservative Christian Black Man!)
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To: dmz

Most Neighborhood watches are volunteer organizations. Although the HoA may have coordinated this one.


104 posted on 04/05/2013 1:51:42 PM PDT by DannyTN
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Zimmerman’s attorney Mark O’Mara said the teen’s parents tried to settle through mediation and the association had offered $1 million, but they had reportedly rejected this amount, OrlandoSentinel.com reported.

Why would O'Mara be privy to this??????????????????????

105 posted on 04/05/2013 2:54:27 PM PDT by Uncle Chip
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To: Uncle Chip
O'Mara is probably keeping tabs on the various proceedings.

O'Mara said the two parties then renewed talks and agreed to settle several months ago.
Trayvon Martin's parents settle wrongful death claim - Lodinews.com - April 5, 2013
106 posted on 04/05/2013 3:52:10 PM PDT by Cboldt
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To: Uncle Chip
Here is another chunk of that news article.

Crump provided a copy of the settlement to O'Mara's office and the judge Thursday, according to a cover page attached to the settlement that was placed in the case file.
Trayvon Martin's parents settle wrongful death claim - Lodinews.com - April 5, 2013
107 posted on 04/05/2013 3:54:27 PM PDT by Cboldt
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To: All

If the residents agree with this, then I hope some liberal judge raises it to $100,000,000 and bankrupts them all.


108 posted on 04/05/2013 4:02:44 PM PDT by RHS Jr (Pity the banksters when Jesus comes)
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To: Cboldt

I was just going to send that to you.


109 posted on 04/05/2013 4:07:27 PM PDT by Uncle Chip
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To: TexasFreeper2009
what the heck did the HOA have to do with anything?

Nothing......That's why it was important that the Crump Scam Team get the DA to file charges against Zimmerman.

If I'm not mistaken, under the FL "stand your ground" law, you are protected from being sued if no charges are brought against you..........

This whole thing isn't about Zimmerman being convicted of any crime, the family could care less at this point. Their primary concern is the ultimate law suit for wrongful death that will be filed against Zimmerman himself even if he is found innocent.

It's all about the money...........

110 posted on 04/05/2013 4:09:02 PM PDT by Hot Tabasco (This space for rent)
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To: CSM
How on earth was the HOA responsible?

The approved neighborhood watch program which Zimmerman was a part of..........

111 posted on 04/05/2013 4:10:50 PM PDT by Hot Tabasco (This space for rent)
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To: Cboldt

If the dollar amount was determined several months ago, then they got top dollar or atleast the most that they could expect. It appears that it was settled at about the same time that the Defense began to turn up the heat on Crump and company. O’Mara wouldn’t have gone easy on them for the first few months until they got their deal penned, would he???


112 posted on 04/05/2013 4:15:00 PM PDT by Uncle Chip
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To: Uncle Chip
-- If the dollar amount was determined several months ago, then they got top dollar or at least the most that they could expect. --

IMO, the deal with the HOA would be independent of the criminal trial, at least to the extent that the HOA or insurer wanted to dispose of the headache before the criminal trial was concluded. As far as I know, O'Mara had no involvement in the HOA case. His hands are full with the criminal defense, and whatever action he's facilitated in the defamation suit against NBC.

-- O'Mara wouldn't have gone easy on them for the first few months until they got their deal penned, would he? --

I really don't understand O'Mara's strategy, other than to be low key. He has been very slow to apply the law to his advantage. I don't think he would go easy on Crump for any reason except to wait for evidence to accumulate, and wait for the court to process the requests to depose Crump. That process fully played out as of March 28, and O'Mara was pretty quick to act on the adverse decision. He'd been applying pressure for several months.

113 posted on 04/05/2013 4:24:40 PM PDT by Cboldt
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To: dfwgator
People mistake criticism of culture, as criticism of race...and the fact is the ghetto culture that Trayvon embraced is an inferior culture...nothing to do with the color of his skin, which he didn’t choose, but he chose which culture to belong to.

Not only that, but such equating of culture and race represents a form of racism far more damaging than mere discrimination.

114 posted on 04/05/2013 4:25:34 PM PDT by supercat (Renounce Covetousness.)
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To: FlingWingFlyer

Doesn’t matter. They’ll blow it all in six months on drugs, alcohol, and gambling.


115 posted on 04/05/2013 4:27:31 PM PDT by miserare
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To: miserare

Actually the worst of all possible things just happened to Sybrina and Tracey. Da hood now knows dat dey gots da money — and there will be hands out wanting payback for passing trashcans and promoting the Trayvon for sainthood tour.

It costs to pull together a demonstration and put out propaganda. And they are going to be saying the big payday that we expected didn’t come and there will be some who won’t believe them and will want da money. These people are all gonnna be sayin” “show me da money” or else no next time.

If dis money isn’t spread around, the Trayvon express is going to be derailed.


116 posted on 04/05/2013 4:47:44 PM PDT by Uncle Chip
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To: Uncle Chip
There you go again, Uncle Chip!

Just FYI, Trayvon was delivering hot dinners to elderly white shut-ins for Meals on Wheels, when he came upon this portly hispanic gentleman repeatedly bashing his head against the concrete pavement in a bloody suicide attempt.

Setting down the warm dinners on top of his bible and his nuclear physics text, to insulate them from the colder ground, he compassionately rushed to the violent maniac's aid. The raving, almost-white lunatic began waving a semi-automatic pistol about and the heroic lad was shot while trying to wrest the gun away from the deranged racist maniac, who was almost white, or had noticeably white sort of genetic markers.

You probably did not know that Trayvon was a top student in his class, which due to GW Bush cutbacks has been unable to meet recently. He also played the cello, favoring Baroque composers, was a star athlete, and would have been an Eagle Scout, had the BSA not discriminated against blacks and gays at the express order of George W. Bush.

I demand justice here, UC! This Zimmerman who is almost white when seen from a distance, flouted FL state law when he brought a Keltec automatic to a fight. They are a dangerous assault weapon and must be banned, as the tragic demise of our Trayvon, this future Nobel Laureate has proven.

PS, Keltecs are doubly dangerous due to their notorious tendency to fire when the trigger is pulled ... or not ... or dropped. I have advised my colleague, Atty Crump to sue Keltec, as well.

117 posted on 04/05/2013 10:02:53 PM PDT by Kenny Bunk (The Obama Molecule: Teflon binds with Melanin = No Criminal Charges Stick)
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To: Responsibility2nd

actually that is not a high amount for a “wrongful death suit”...sounds like the association settled out of court for fear of jury manipulation that could have cost them more than that in lawyers fees even if they won the case (because if they win, the parents will keep appealing the decision). And with the wrong jury, they could lose ten times that much.

Such a small out of court settlement suggests the parents figured they’d lose in a fight.


118 posted on 04/06/2013 12:19:12 AM PDT by LadyDoc
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To: Cboldt

A little tidbit:

Crump asked that the agreement remain confidential. However, the court has decided that there is no reason for the agreement to remain confidential, and is giving Crump 10 days to appeal that decision.

We have learned, that the homeowners association’s insurance company did not have to pay out a claim on the case.

http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/4/5/trayvon_martin_s_par.html


119 posted on 04/06/2013 4:42:39 AM PDT by Uncle Chip
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To: Kenny Bunk
Trayvon was delivering hot dinners to elderly white shut-ins for Meals on Wheels

In his case he was delivering Skittles n Juice with Blunts on Jordans with a side order of Punch.

120 posted on 04/06/2013 4:53:56 AM PDT by Uncle Chip
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To: sakic

The Martins are happy now. They got paid...I predict the money will be gone in a year on partying, gambling, luxury automobiles, and vacation. You know sort of like Obama just 10 times less...


121 posted on 04/06/2013 4:58:54 AM PDT by jsanders2001
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To: Uncle Chip
I noticed that too. I think Crump made a mistake in filing the civil agreement in the criminal case file. I expect Nelson will respect the desire of the parties to keep the amount of the settlement a secret. Courts routinely protect confidential information from public disclosure. The existence of the agreement is not a secret, and much of it will be legal boilerplate including agreement to not sue and to not disclose (at least some contents of) the agreement to anybody.

It would be funny if the insurance company took Crump's filing of the agreement as breach of the agreement, and sued for breach of contract.

122 posted on 04/06/2013 5:01:45 AM PDT by Cboldt
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To: Cboldt

Also this:

http://www.seminoleclerk.org/CivilDocket/case_detail.jsp?CaseNo=2012CA001276

The judge knew more about this case than she let on.


123 posted on 04/06/2013 5:17:35 AM PDT by Uncle Chip
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To: Uncle Chip
-- The judge knew more about this case than she let on. --

Yes indeed. Her remark that she was "in the dark" about it was never credible to me. It's something that need not be said, and where saying it implies that the opposite is true.

124 posted on 04/06/2013 5:23:04 AM PDT by Cboldt
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To: Cboldt

Here’s another question:

If O’Mara advised the HOA to settle the civil lawsuit, is that a conflict of interest regarding his representation of Zimmerman???


125 posted on 04/06/2013 5:24:27 AM PDT by Uncle Chip
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To: Uncle Chip
-- If O'Mara advised the HOA to settle the civil lawsuit, is that a conflict of interest regarding his representation of Zimmerman? --

Assuming for the sake of argument that O'Mara is involved in making legal decision for the HOA, maybe, on a technicality, but I think no. While both cases have a nexus in the underlying event, the two defendants (HOA for civil damages and Zimmerman for a crime) have radically different basis for liability/guilt. Even if O'Mara represented Zimmerman in a civil case with the same underlying basis (death of Martin), he could advise a settlement in lieu of trial, and not be doing a disservice to his client.

From a wiki page (because it provides a reasonable simplification) ...

"A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest."
I see no conflict between the HOA interests and Zimmerman's interests. HOA liability stands independently from Zimmerman's criminal case, and the outcome of a civil case against the HOA has no bearing whatsoever on the outcome of the state's criminal charge against Zimmerman. Said another way, it is possible for Zimmerman to be found innocent, and the HOA to be found liable, because the duty of the HOA is different from Zimmerman's right to defend himself.
126 posted on 04/06/2013 5:38:31 AM PDT by Cboldt
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To: FlingWingFlyer

I would say the lawyer and then the drug dealer. With any luck they will overdose.


127 posted on 04/06/2013 5:43:27 AM PDT by sport
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To: Responsibility2nd

That’s a lot of Lottery Tickets. Whatever pittance they actually get after it filters through their lawyers’ kidneys will be gone in six months.


128 posted on 04/06/2013 5:50:28 AM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: Responsibility2nd
Trayvon Martin's parents have settled a wrongful death claim for an amount believed to be more than $1 million

We should have a class action suit and sue them for 1 million dollars for....we'll think of something.

129 posted on 04/06/2013 5:57:08 AM PDT by ROCKLOBSTER (Hey RATS! Control your murdering freaks.)
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To: TexasFreeper2009

The domestic terrorist trayvon got what he deserved and the perp was trespassing on private property. I think this is a spin by the liberal media for PR purposes.


130 posted on 04/06/2013 5:57:35 AM PDT by No Surrender No Retreat
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To: Cboldt
It would be funny if the insurance company took Crump's filing of the agreement as breach of the agreement, and sued for breach of contract.

Why would he risk that and file this with the court???

131 posted on 04/06/2013 6:12:29 AM PDT by Uncle Chip
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To: caww

Everyone plays the legal system, now. Bush tried and failed to establish real tort reform. Frivolus law suits should lead to severe penalties.

The other side of the corrupt coin is the way corporations can grind you up in court. Someone close to me came up with location technology on the phone and Google is breaking his patents and threatening his major customers. Because Google and government is one, my friend might lose.

The whole judicial system is trash.


132 posted on 04/06/2013 6:19:10 AM PDT by sakic
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To: Uncle Chip
-- Why would he risk that and file this with the court? --

To establish that he is opposing counsel, which is a point of consideration in the issue of whether or not he may be forced to testify in the criminal case. O'Mara has appealed Nelson's order precluding him (O'Mara) from deposing Crump, and Crump thought it would be beneficial to have something on the record that tends to establish he is opposing a "not guilty" outcome in the criminal case.

From a legal point of view, I think it was a stupid move on Crump's part. Any court would accept that he is opposing counsel of a sort, just based on his statement of intention to sue Zimmerman.

From a PR point of view, well, read what people are saying about the case and about O'Mara, based on the filing. If nothing else, Crump has succeeded in creating a dense smoke screen.

133 posted on 04/06/2013 6:24:00 AM PDT by Cboldt
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To: Cboldt

Representatives of The Retreat at Twin Lakes subdivision at one point in the negotiations offered the Martin family a $1 million settlement, Shawn Vincent, a spokesman for Zimmerman’s defense team, told Reuters.

The Sentinel reported on Friday that the settlement amount was crossed out of paperwork filed at the Seminole County Courthouse. Later in the day, the document appeared to have been withdrawn from public view.

Although a cover page indicated copies of the settlement were given to Zimmerman’s lawyer and the judge presiding over the criminal trial, Vincent told Reuters that the defense team did not receive its copy.

http://news.yahoo.com/trayvon-martins-family-settles-wrongful-death-claim-report-232428707.html

Crump giveth and Crump taketh away —


134 posted on 04/06/2013 6:34:48 AM PDT by Uncle Chip
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To: Uncle Chip
-- Crump giveth and Crump taketh away --

LOL. Thanks for the pointer to that article. Crump is good at murk.

I'd like to see the original source for the contention that the judge gave Crump 10 days to argue against making the document public.

135 posted on 04/06/2013 6:43:09 AM PDT by Cboldt
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To: Cboldt
From a PR point of view, well, read what people are saying about the case and about O'Mara, based on the filing.

That's O'Mara's fault for opening his big mouth up about HOA case and say anything about it to the media.

To me it would have been wise for Liberty Mutual/HOA to have O'Mara on retainer to advise periodically about the status of the criminal case -- but that's all.

Any advice on settlement would and should have been out of bounds, and any statements regarding the HOA case and any inside information to the media should have been out of bounds as well.

Once again his big mouth has him in trouble.

136 posted on 04/06/2013 6:49:38 AM PDT by Uncle Chip
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To: Uncle Chip
From O'Mara's point of view, the best situation would have been for him to have no involvement at all with the HOA case. Not as advisor, nothing. Liberty Mutual can handle their case without any reference to whther or not Zimmerman was justified in using deadly force. The duties of the HOA are remarkably different from the right to self defense.

I do agree, his "big mouth" got him in trouble. He has no obligation to tell the media anything, and he should know that the media is as much his enemy as is the state of Florida.

137 posted on 04/06/2013 6:54:34 AM PDT by Cboldt
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To: Cboldt
I found this comment from someone over at TL:

Crump is establishing that he is opposing counsel, for purposes of avoiding being deposed in the criminal case. I think filing the settlement agreement is unnecessary for that purpose, as his proffer that he is counsel for the Martins and he intends to sue Zimmerman is likely sufficient to establish him as "opposing counsel" in that sense.

Wouldn't a proffer from O'Mara that he does not intend to represent Zimmerman in any such civil suit trump that Crump proffer???

138 posted on 04/06/2013 7:10:24 AM PDT by Uncle Chip
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To: Brooklyn Attitude

The only logical basis for liability for the HOA, and thus its insurer, is as you suggest: that the HOA was responsible for GZ’s actions because it either sponsored, or condoned his work as Neighborhood Watch Captain, and that he was acting in that capacity when the shooting occured.

This has interesting implications. If the HOA accepts the argument that GZ was acting as its agent, why isn’t the HOA liable for the cost of GZ’s defense? It could argue that he was conducting himself negligently, or willfully improperly, but if the insurer feels the HOA was $1 Million + responsible for his conduct, that wouldn’t seem to hold water.


139 posted on 04/06/2013 7:21:58 AM PDT by Chewbarkah
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To: Chewbarkah
If the HOA accepts the argument that GZ was acting as its agent, why isn’t the HOA liable for the cost of GZ’s defense?

Good Point. GZ may be suing the HOA next for that and maintaining an unsafe neighborhood watch environment.

140 posted on 04/06/2013 7:31:21 AM PDT by Uncle Chip
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To: Uncle Chip
-- I found this comment from someone over at TL --

Heh. That's me. I use the same handle all over the 'tubes.

-- Wouldn't a proffer from O'Mara that he does not intend to represent Zimmerman in any such civil suit trump that Crump proffer? --

I think proffers and counter-proffers just make things messy. O'Mara's best argument is the one the court did not address, and that is the point that Crump waived privilege as to the surfacing of Witness 8. At rock bottom, although he dare not say it (yet), the foundation for deposing Crump is that her testimony is the product of being coached by Crump. I think there is another dynamic at play, and that is the discrediting and perhaps sanctioning of Crump, as a lawyer. What better way to tamp down public sentiment, than to cut off people who lie in order to inflame passions.

Anyway, even assuming that Crump is opposing counsel (put him in Bernardo or Corey's shoes, if you want), that still does not get him off the hook as far as giving fact testimony. Obviously, he's not the prosecutor, so the court doesn't have the ugly situation of opposing lawyers in the instant case deposing one another. But even if it did, what O'Mara is seeking is not "privileged" as work product or as legal strategy.

141 posted on 04/06/2013 7:35:59 AM PDT by Cboldt
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To: sakic

Saying “everyone plays” the legal system is a blanket statement that is not true....however..and to remain on topic....Martin’s parents filed lawsuits on the back of their dead son in order for monetary gain and notoriety, knowing from the get go they lied....and continued to lie about what happened and about who their son was.

I have zero sympathy for these parents.


142 posted on 04/06/2013 10:43:25 AM PDT by caww
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To: House Atreides

Try spellcheck.

Petty? Yes. But considering your post to me, it is appropriate.

My original points remain the same.

A few comments were racial and I commented on them. The real and bigger problems remain with the overall justice system.


143 posted on 04/06/2013 12:33:53 PM PDT by sakic
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To: jsanders2001

Glad to see that the racial stereotypes have abated.


144 posted on 04/06/2013 12:35:43 PM PDT by sakic
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To: caww

You seem to be saying that his parents are glad he’s dead. I will assume you have never lost a child. Perhaps you know these folks, personally?

I assumed that everyone knew that when attorneys smell a possible pay day, they come running to help.


145 posted on 04/06/2013 12:40:19 PM PDT by sakic
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To: caww

You seem to be saying that his parents are glad he’s dead. I will assume you have never lost a child. Perhaps you know these folks, personally?

I assumed that everyone knew that when attorneys smell a possible pay day, they come running to help.


146 posted on 04/06/2013 12:40:31 PM PDT by sakic
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To: sakic

“Petty? Yes....”
***********************************************
I’m certainly glad you recognize your own pettiness and need to attack others merely for the sake of making an attack.

My admonition (”Lighten up Francis!”) to you still stands. I just wish you could control (if only a little) your apparent need to see racism in everything and your need to attack your fellow FReepers.


147 posted on 04/06/2013 12:48:10 PM PDT by House Atreides
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To: Uncle Chip

“maintaining an unsafe neighborhood watch environment.”

That is a definite award winner — it works no matter which way you turn it.

I was thinking something mundane: “The HOA failed to provide effective training and supervision”. They should have taught him gems like, don’t pursue a presumed felon by yourself at night with no one watching your back.


148 posted on 04/06/2013 12:49:39 PM PDT by Chewbarkah
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To: sakic

It’s all about the money and notoriety......on the back of their son’s death....any morning is their personal business. Nobody’s addressing that...it’s their actions right from the very beginning that is more than objectional...they lied and they knew it...,what we saw and heard was all for show and what could be gained by their performance.


149 posted on 04/06/2013 12:49:42 PM PDT by caww
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To: sakic

There own family member was responsible for contacting the attorney to bring suit...nobody went after them.


150 posted on 04/06/2013 12:51:02 PM PDT by caww
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