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To: Cboldt

This case will be a close call if it comes to court. Even if the law is clear, jury sympathy will be on her side unless some other facts are uncovered making her somewhat responsible. I do not think that the city will want to test this case in court unless the victim has onerous demands.


73 posted on 02/11/2010 12:32:55 PM PST by businessprofessor
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To: businessprofessor
-- This case will be a close call if it comes to court. --

Yeah, but the jury isn't the end of it. An appellate court can overturn a jury verdict, finding "as a matter of law" (even if the facts are taken in favor of the plaintiff), that the municipality has no duty; or even if it did have a duty, the conduct alleged did not amount to a breach.

-- I do not think that the city will want to test this case in court unless the victim has onerous demands. --

Mixed bag, that one. The simple calculus is cost to defend vs. cost of paying the demand letter. I would guess minimum cost to defend to be in the $15,000 neighborhood. Cheaper to pay, plus it avoids the negative publicity associated with a very sympathetic victim. The Watch-a-Crime outfit will perform a similar calculation; or might be covered in the same payout on account of being involved by the same municipality that hires the PD.

But there is a substantial downside to settling, in that it sends a signal to all the ambulance chasers that the city will pay off (whatever the cost of defending a suit is) for failure to protect, provided the victim can obtain the right kind and amount of publicity. That means every person who had contact with the cops, and later suffered an injury, is enticed to sue.

78 posted on 02/11/2010 1:00:11 PM PST by Cboldt
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