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Family of slain NYC bodega attacker plans to sue store in Jose Alba case
NY Post ^

Posted on 09/24/2022 7:19:14 AM PDT by TigerClaws

The family of the man who was killed after he attacked Manhattan bodega worker Jose Alba has lawyered-up — and notified the store that they plan to sue over the deadly incident, The Post has learned.

David Simon – whose brother Austin Simon was stabbed July 1 by Alba in self-defense — has hired an attorney as he prepares to file suit against the Blue Moon convenience store in Hamilton Heights.

We intend to make a claim for damages as a result of the injuries sustained by our client,” David’s attorney, Kathleen Beatty, wrote in an Aug. 22 letter to the store, obtained by The Post on Tuesday.

Austin, 35, was killed “due to negligence in the ownership, security, hiring of employees, retention of employees, training of employees, and management of your premises,” the letter claims.

Beatty notified the bodega to “preserve” evidence including surveillance videos, witness information and incident reports. She also asked for information about the store’s insurance coverage.

But Francisco Marte, the head of a bodega association that has been helping Alba, claims Blue Moon Convenience wasn’t insured at the time of the incident — so there isn’t money to go after.

“The family is just pushing to see if they can get money from the store owner,” Marte told The Post. “This is a shakedown.”

(Excerpt) Read more at nypost.com ...


TOPICS: Business/Economy; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: 2timothy3verses1to7; bluemoon; bodega; daniel12verse10; lawfare; newyork; nyc; romans1verses18to22; selfdefense
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He didndu nuffin!
1 posted on 09/24/2022 7:19:14 AM PDT by TigerClaws
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To: TigerClaws

Counter sue these fools.


2 posted on 09/24/2022 7:22:47 AM PDT by Fai Mao (Stop feeding the beast, and steal its food!)
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To: TigerClaws

...and they’ll probably win a fat six-figure judgment, considering that it’s NooYawk, and what their juries are.


3 posted on 09/24/2022 7:23:32 AM PDT by William of Barsoom (In Omnia, Paratus)
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To: TigerClaws

Time to start counter suing these families for the crimes their vibrant children create


4 posted on 09/24/2022 7:23:52 AM PDT by Skywise
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To: TigerClaws

More lawfare from members of the democrat party.


5 posted on 09/24/2022 7:24:39 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: TigerClaws

Benjamin Crump, pick up the red phone.


6 posted on 09/24/2022 7:24:57 AM PDT by Pearls Before Swine
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To: TigerClaws

Its a shame we don’t have a loser-pays system. You wanna file a frivolous lawsuit and clog up the courts? Go right ahead. But if you lose, you must pay all defendant costs.

Oh, and get the lawyers involved, too. So if a lawyer takes a case based on a 40% contingency fee and he loses, have him pay 40% of that cost.


7 posted on 09/24/2022 7:28:14 AM PDT by Leaning Right (The steal is real.)
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To: William of Barsoom

Another attempt at the ghetto lottery payout.
The concerned family never gave a damn when the perp was alive.


8 posted on 09/24/2022 7:30:51 AM PDT by LFOD (Formerly - Iraq, Afghanistan - here to stay...,)
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To: TigerClaws

The guy should be given a medal for public service, not be sued.


9 posted on 09/24/2022 7:32:16 AM PDT by Rurudyne (Standup Philosopher)
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To: TigerClaws

A starting defense would be to slay the lawyer bringing the lawsuit


10 posted on 09/24/2022 7:32:45 AM PDT by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality day)
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To: TigerClaws
She also asked for information about the store’s insurance coverage.

Do your own damn "discovery", you lazy leech!

11 posted on 09/24/2022 7:32:53 AM PDT by LittleBillyInfidel (This tagline has been formatted to fit the screen. Some content has been edited.)
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To: bert

At least dangle the prospect of disbarrment.


12 posted on 09/24/2022 7:37:27 AM PDT by sevlex
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To: TigerClaws

He kilt his own self.


13 posted on 09/24/2022 7:38:17 AM PDT by OKSooner
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To: TigerClaws

ghetto lawfare


14 posted on 09/24/2022 7:43:54 AM PDT by PGR88
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To: TigerClaws

Money-hungry lawyers are always ready to make a fast buck.


15 posted on 09/24/2022 7:46:59 AM PDT by I want the USA back (I trust the government as much as I trust Bill Gates' mosquitoes. )
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To: All

I’ve seen the family of armed robbers (this thug wasn’t armed but was clearly violently assaulting the owner of the shop) go on camera and say that the shop owner who defended himself, “Why’d he hafta kill somebody? He was just gettin robbed. Shot him down like a daaaaawwwwwg!”

They get mad at people for defending themselves.

This is up there with Rittenhouse trial stupidity. But they could get a jury that’d agree that people should just shut up and get robbed.


16 posted on 09/24/2022 7:48:34 AM PDT by TigerClaws
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To: TigerClaws

When you think of all the cigarettes and potato chips he could have stolen in the next 20-30 years, it adds up to a considerable sum.


17 posted on 09/24/2022 7:48:56 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: TigerClaws

The family and the lawyer all need a ride through a woodchipper.


18 posted on 09/24/2022 7:49:23 AM PDT by Little Ray (Civilization runs on a narrow margin. What sustains it is not magic, but hard work. )
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To: Leaning Right
Its a shame we don’t have a loser-pays system. You wanna file a frivolous lawsuit and clog up the courts? Go right ahead. But if you lose, you must pay all defendant costs.

Losing a lawsuit and filing a frivolous lawsuit are two different things. We don't have loser pays. The theory is that would have a chilling effect on the ability or willingness of people to assert their rights in court. Most US jurisdictions do provide penalties for the filing of frivolous suits, though. Truly frivolous suits are typically resolved fairly quickly through dismissals or summary judgments.

19 posted on 09/24/2022 7:49:53 AM PDT by KevinB
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To: TigerClaws

Here’s just one example.

https://m.youtube.com/watch?v=0jxMljF2QPQ&feature=youtu.be


20 posted on 09/24/2022 7:51:24 AM PDT by TigerClaws
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