Missing woman's family sues over police missteps
“you're not the boss of me!”
Since: Jan 08
the road less traveled.....
#1 Mar 8, 2009
That's right, sue, it's the American way..any reason why the old lady with Alhiemer's was allowed access to a vehicle? We should be suing you. She should have had a babysitter, not a car.
“Uzi Does It”
Since: Nov 08
#2 Apr 3, 2010
2) A lawsuit is the only way to bring information to light in front of a jury and a judge who is acting as the independent trier of fact. Additionally, civil process has a purpose, it keeps people from having pistol duels in the streets over civil matters.
3) I don't think the article was clear enough on why the woman was driving. She may have taken off with the vehicle without consent or a proper driver's license. My wife's sister is going through a dimentia disease at age 50, prior to her admission into a hospice, she had become a runaway several times even though her husband and daughter were watching her at home 24/7.
4) Baby sitter? Hmmmmmm, interesting comment considering the last year's discussion in politics regarding health care. If the woman was dangerous to be around machinery, the keys should have been guarded better.
As for whether or not the plantiff has a claim, I don't know, but what I do know is that I cite warren v. the district of columbia several times a week in regards to people who believe that police are responsible for protecting individuals. Warren v. The District of Columbia and many other cases hold that police are only responsible for individuals when a special duty is owed.
Additionally, if there's some sort of criminal negligence on behalf of police, they could be sued as individuals, but it is really tough to sue a government agency. I got an out of court settlement from a police agency back in the 1980s, it was for 3,500.00 bucks, the fact that they settled out of court is probably proof that they believed they would have lost their ass in court and since government agencies can often time claim "soverign immunity", I consider my suit against that agency as successful, not to money grubby and a great way to have the last word.
That said, I'd have to see more information before I'd believe that the widower would be able to get a settlement much less have a claim to begin with.
Since: Apr 10
school of hard knocks
#4 Apr 30, 2010
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