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To: majormaturity

On FBN, a former defense attorney said they can’t win this because the cause is still the storm.

Sucks, but it sounds like this is a dead end for the family.

This seems unfair to me, but they were confident on FBN that the family had no avenue for it to win in the courts.

Maybe the city will voluntarily pay something. It seems to me, that would be right thing to do. I can’t imagine them getting off Scott-free.


65 posted on 12/30/2010 3:02:20 PM PST by dila813
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To: dila813

It’s not going to be a defense attorney on Fox Business who is going to decide who wins in the courts, it will be a mostly-Black jury in Brooklyn.


68 posted on 12/30/2010 3:07:43 PM PST by jimbo123
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To: dila813

The City might be judgment-proof but what about the union?


72 posted on 12/30/2010 3:18:55 PM PST by NonValueAdded (Palin 2012: don't retreat, just reload)
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To: dila813

That attorney is wrong if it can be proved that the negligence was deliberate because it means that these victims could have been helped and would have been helped but for the aggravated negligence. That shifts the contributory aspect of the storm to the city’s and union’s shoulders. in other words, yes, there was a storm, yes, there was heavy snow. But the snowplows were there and wantonly refused to clear the roads for emergency vehicles. That’s a very different legal scenario than them making a genuine effort but being physically unable to get through because of the volume of snow.

But the city and the unions will pay off the victims. If they’re all poor, they will take the money and leave town on advice of counsel. That’s what city poor do.


88 posted on 12/30/2010 9:07:20 PM PST by ratsreek
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