Chronicling the high cost of our legal system
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Deron Johnson, 48, a man “with a lengthy rap sheet”, denies that he was trying to rob Margaret Johnson, 59, of her purse and gold chain when she shot him from her motorized wheelchair with her licensed .357 Magnum. Cops grabbed him but he won acquittal at trial and he’s now suing her and the landlord of her Lenox Terrace housing complex in Harlem, asking millions. [New York Post]
More: Scott Greenfield has questions, as does Bill Poser in comments.
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Last year we covered the unsuccessful suit against Contemporary Watercrafters, a Rockville, Md.-based pool maintenance business. It’s getting some more attention now as one of the entries in the U.S. Chamber’s Faces of Lawsuit Abuse campaign (careful, it auto-plays video with sound). Angle we didn’t mention in our earlier post: the owner was annoyed at the mess made by the geese and approached the Humane Society about removal but was told “it was a no-go — the Migratory Species Act forbade him from moving or disturbing the geese. All he could do was wait for their goslings to hatch and hope they then moved on of their own free will. The store put up tape around the area and signs warning passersby of the terrible geese threat.” (On the Record (Md. Daily Record blog), Dec. 9).
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“Florida premises liability law appears to be generous enough toward plaintiffs that Home Depot could be held liable for the death of a customer who was allegedly struck by an overloaded shopping cart being pushed by another customer.” (Matthew Heller, On Point News, Nov. 11; complaint).
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Hello, and thanks again to Walter Olson for welcoming me back to help fill in this week. His prior post reminded me of this surveillance tape I’ve kept after all these years simply for comic relief.
The tape shows one customer casually stroll through the door without incident all the while another intending customer in quite the hurry tries to run in–he thought–through an open door. Instead, it was the plate glass adjacent to the door. He smacks into it bowing the glass and then storms into the store while the other customers gawk at him. The original clip was without sound but I couldn’t resist jazzing it up with Gonna Fly Now from Rocky.
Here’s the Overlawyered part: he made a claim against the store owner; and, the claim was paid as a compromise. Part of the reason why is visible on the video—can you see it?
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“A Canadian woman whose 9-year-old son tunneled [under a fence] into an electric sub-station and was badly burned is suing a Manitoba power utility for negligence.” (UPI, Oct. 22).
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It only takes a couple of incidents like these for the system to pay for itself, and that’s aside from the anti-shoplifting benefits.
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Point of Law Volokh