Author Topic: You Just can' Make This Stuff Up. Burglar Sues Homeowner For Shooting Him.  (Read 3160 times)

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Offline 75Plus

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« Last Edit: October 25, 2012, 10:00:53 PM by 75Plus »
“Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.”
George Washington

"A gun is like a parachute.  If you need one, and don't have one, you'll probably never need one again."

Offline Twmaster

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Wow. Way to go! Cali always leads the way in nutty garbage.
Mike

Because liars fear the truth.

Offline Ross7

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I really hope the victim prevails in court, I like this guy. 8)
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Leone said he was able to wriggle his hands free, then convinced the burglar to let him use the bathroom. Then he got one of the five handguns stashed in his bathroom...

Offline armed hiker

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I hope the victim can counter sue for the pain and suffering the suit brings.  Starting with the lawyer who took the case.

Offline armoredman

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This is why Arizona is pushing Prop 114 here, a Constitutional amendment that will prohibit criminals from suing their victims for actions done during the crime.

Offline skipper

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Just like that similar situation in England. Nothing surprises me in Kalifornia.

Offline Ritter

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This is why Arizona is pushing Prop 114 here, a Constitutional amendment that will prohibit criminals from suing their victims for actions done during the crime.
That's Michigan state law.  Seems to be working fine here.

Offline DenStinett

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Any Lawyer that brings a suit like this should be dis-bared
Any Judge that sits for a suit like this should be replaced
So tell me again how Trump was worse then the 8 years before .... AND what's coming after HIM !

Offline bozwell

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The UK situation was a bit different, as that was the state detaining people for several days and looking into criminal charges.

In civil court, anyone can bring a lawsuit alleging a wrong, but that doesn't mean it will go anywhere.  I could bring a lawsuit tomorrow against the Weather Channel, alleging they caused me pain and suffering from all the strong winds that were whipping the clays all over the place today.  Totally bunk, but I could still file it, and it would then get tossed out with a pre-trial motion to dismiss.  I suspect this one will get tossed in pretrial proceedings too.  If it's completely frivolous, there are sanctions and other penalties the court can impose.

Personally, I couldn't help but think what a weird fact scenario this is.  He broke in, put a gun to his head, tied him up, "rummaged his room for valuables", then granted him permission to go use the bathroom (???).  Do burglar's recognize the hall pass these days?  "Excuse me, sir that just had a gun to my head, but I really need to use the ittle boy's room.  May I be excused?"  Maybe I missed that memo. 

So, the 90 year old then shot the 30 year old in the jaw (with one of the 5 guns he keeps in the john  :o), out-wrestled him, and chased him off... sorry, but something doesn't add up here.  Personally, I don't think we have an accurate depiction of what went on here, and I would be cautious about jumping to conclusions based on these alleged facts.  Keep in mind, that news article is written based on one person's version of the story, but that doesn't mean it's actually what happened.

Offline skipper

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A "LOSER PAY'S" system would put a stop to frivolous lawsuits like this.

Offline 75Plus

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Re: You Just can' Make This Stuff Up. Burglar Sues Homeowner For Shooting Him.
« Reply #10 on: October 28, 2012, 10:35:53 AM »
Boz,

If you reread the article CAREFULLY you might want to revise your post.

Joe
“Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.”
George Washington

"A gun is like a parachute.  If you need one, and don't have one, you'll probably never need one again."

Offline armoredman

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Re: You Just can' Make This Stuff Up. Burglar Sues Homeowner For Shooting Him.
« Reply #11 on: November 08, 2012, 04:42:31 PM »
AZ passed Prop 114, so our Constitution now reads,
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Article II, Section 31
No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.
Article XVIII, Section 6
The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.