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Started By
Message
re: Madison Brooks' Dad Lawsuit
Posted on 12/4/23 at 2:10 am to Tshiz
Posted on 12/4/23 at 2:10 am to Tshiz
quote:
It will be difficult to assign liability to the men who dropped her off. Their actions may have been despicable after they left the bar and raped her, but once they let her out of the car neither the driver or the other passengers had any responsibility for what she did or what anyone else did. In fact the men who were not driving had no control over her or the drive.
Seriously? …
Yes. There is no basis to assign legal liability to them. They did not throw her out in the middle of the road They will testify they let her out of the car where she requested and left. She is an adult woman who left the safety of the sidewalk and entered the roadway. Their criminal actions in raping her do not equate to civil liability.
5
Posted on 12/4/23 at 6:35 am to tigersbb
quote:
She is an adult woman who left the safety of the sidewalk and entered the roadway
You getting sued or something?
Posted on 12/4/23 at 6:39 am to Fun Bunch
quote:
If you are going to file a suit, you sue anyone who could reasonably have some percentage of responsibility. Its up to the courts to decide if they don't.
This is why everyone hates lawyers.
Posted on 12/4/23 at 6:48 am to Upperdecker
quote:
Her death is tragic, but this screams trying to make a profit off it
How many millions did Alton Sterling's family get from the city when he got killed trying to pull a gun (while committing a crime) on a police officer? The Madison Brooks case at least has some merit, but suing the Lyft driver doesn't seem necessary.
Posted on 12/4/23 at 6:58 am to tigersbb
quote:
tigersbb
They let her out on a divided 4 lane hwy while extremely intoxicated blocks away from her home. Dont be stupid
Not mention he mental state after allegedly being raped
Posted on 12/4/23 at 7:33 am to tigersbb
quote:
They will testify they let her out of the car where she requested and left
She wanted out because they raped her. Are you giving them props for not adding kidnapping to their charges?
Posted on 12/4/23 at 8:17 am to tigersbb
quote:
She is an adult woman who left the safety of the sidewalk and entered the roadway. Their criminal actions in raping her do not equate to civil liability.
As unpopular of an opinion that is, I agree with it and it's how it will play out.
However, the bar for civil liability is quite low
Posted on 12/4/23 at 8:27 am to tigersbb
quote:
It will be difficult to assign liability to the men who dropped her off. Their actions may have been despicable after they left the bar and raped her, but once they let her out of the car neither the driver or the other passengers had any responsibility for what she did or what anyone else did. In fact the men who were not driving had no control over her or the drive.
So if I knew you couldn’t swim and I pushed you in a pool and you drowned, I wouldn’t be at fault bc I had no control over whether you could swim or not or not responsible for anyone trying to save you or jumping in and saving you myself
Posted on 12/4/23 at 8:28 am to nicholastiger
Did you just ponder whether or not the boys who raped a girl in a vehicle might have had the decency to drop her off somewhere safely?
Posted on 12/4/23 at 8:29 am to Dirk Dawgler
quote:
Did you just ponder whether or not the boys who raped a girl in a vehicle might have had the decency to drop her off somewhere safely?
Lol right?
Posted on 12/4/23 at 8:34 am to Jcorye1
quote:
If you are going to file a suit, you sue anyone who could reasonably have some percentage of responsibility. Its up to the courts to decide if they don't.
The one thing I remember from Business Law 101 was taught on the first day of class:
When in doubt, sue everyone in sight and let the courts sort it out.
This post was edited on 12/4/23 at 8:35 am
Posted on 12/4/23 at 8:39 am to Supermoto Tiger
quote:A lawyer teaches the class, moron.
The one thing I remember from Business Law 101 was taught on the first day of class: When in doubt, sue everyone in sight and let the courts sort it out.
Posted on 12/4/23 at 8:59 am to tigersbb
quote:
Yes. There is no basis to assign legal liability to them. They did not throw her out in the middle of the road They will testify they let her out of the car where she requested and left. She is an adult woman who left the safety of the sidewalk and entered the roadway. Their criminal actions in raping her do not equate to civil liability.
Of course they are being truthful. The victim requested to be let out in that exact spot.
So when a defendant says "I didn't do it" that's evidence enough for an acquittal.
Also like the guys in the car had no control of her or the drive. If they were raping her, as you stated, that act alone implies control of a victim/situation without consent.
Posted on 12/4/23 at 9:05 am to tigersbb
quote:
Their criminal actions in raping her do not equate to civil liability.
Bro, yes they can.
You can sue people you accuse of raping you.
quote:
They did not throw her out in the middle of the road They will testify they let her out of the car where she requested and left. She is an adult woman who left the safety of the sidewalk and entered the roadway.
THIS liability is unlikely, correct.
Posted on 12/4/23 at 9:07 am to rltiger
quote:
If they were raping her, as you stated, that act alone implies control of a victim/situation without consent.
This is a stretch. The "lack of consent" is a legal theory to create a new crime and only applies to that specific instance.
You're trying to impute that very narrow legal definition to another, unrelated area. I doubt that dog will hunt.
Posted on 12/4/23 at 9:18 am to AcadieAnne
quote:
Maybe if parents would actually adult up and parent instead of trying to be their kids' bff to get one over on their ex, this kind of preventable thing wouldn't happen. So many people are stuck up their own asses and try to justify to themselves that pursuing a Jody or a side chick is "good" because it makes them "happy". They forget (or don't care?) that their highest duty is to properly raise the young lives they bring into the world.
This case is disturbing on so many levels. Of course the young males should not have acted like rabid hyenas around unguarded fresh meat. Their parents failed to teach them right from wrong, and there is only one thing that can be done with rabid hyenas. But her parents failed her, too.
How do you know any of this applies to Maddie’s parents? This rant will score points on this board but what does it have to do with this particular case?
Posted on 12/4/23 at 10:18 am to SlowFlowPro
quote:
Their criminal actions in raping her do not equate to civil liability.
Bro, yes they can.
You can sue people you accuse of raping you.
OK, I wasn't clear, counselor. What I meant was their criminal actions in raping her do not equate to civil liability for the subsequent accident which took her life.
Posted on 12/4/23 at 10:26 am to tigersbb
quote:
I wasn't clear, counselor. What I meant was their criminal actions in raping her do not equate to civil liability for the subsequent accident which took her life.
Fair enough.
Posted on 12/4/23 at 10:27 am to JDPndahizzy
quote:
and the Lyft driver who fatally struck her.
This is how you lose sympathy.
Posted on 12/4/23 at 10:28 am to tgrbaitn08
quote:
It will be difficult to assign liability to the men who dropped her off. Their actions may have been despicable after they left the bar and raped her, but once they let her out of the car neither the driver or the other passengers had any responsibility for what she did or what anyone else did. In fact the men who were not driving had no control over her or the drive.
So if I knew you couldn’t swim and I pushed you in a pool and you drowned, I wouldn’t be at fault bc I had no control over whether you could swim or not or not responsible for anyone trying to save you or jumping in and saving you myself
You would be culpable in this instance because you shoved the person into the water.
If the men let Ms. Brooks out in the middle of the road and she was immediately struck that would probably impute liability to them. However, they apparently told the authorities they let her out at the entrance to the subdivision as requested.
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