Salt for the wound of a school district already in acute pain... Yet, we continue to elect lawyers to office. If the law suit is allowed to proceed, it will be the tax paying grieving parents who will, inevitably, pay this lawyer and the parents he represents. Justice?
Lawyer for Newtown shooting survivor says $100M claim is about security
Associated Press
NEW HAVEN, Conn. – A lawyer who's asking to sue Connecticut for $100 million on behalf of a 6-year-old Newtown school shooting survivor who heard violence over the school's intercom system says the potential claim is about improving school security, not money.
"It's about living in a world that's safe," New Haven attorney Irving Pinsky told The Associated Press on Saturday. "The answer is about protecting the kids."
Pinsky asked this week to sue the state, which has immunity against most lawsuits unless it gives a party permission to go forward with a claim. Connecticut's claims commissioner couldn't be reached for comment Saturday.
Pinksy's client, whom he calls "Jill Doe" in the claim, sustained "emotional and psychological trauma and injury" on Dec. 14 after gunman Adam Lanza forced his way into Sandy Hook Elementary School and gunned down 20 children and six adults inside in one of the deadliest school shootings in U.S. history.
It would take 100 million dollars to ease the 6 year old's emotional and psychological trauma and injury", minus the 33 million given to the attorney.
The child heard "conversations, gunfire and screaming" over Sandy Hook's intercom after someone in the office apparently switched on the system, according to the claim. Pinsky said Saturday he didn't know whether his client saw anyone die.
The state Board of Education, Department of Education and state education commissioner failed to protect the child "from foreseeable harm," including by failing to provide a safe school setting, the filing said.
It also said the parties failed to review and carefully scrutinize annual strategic school profile reports from the local school district and Sandy Hook Elementary as well as "other submissions with respect to student safety and emergency response planning and protocol."
It says the parties also failed to require the school and local Board of Education to formulate and implement an effective student safety emergency response plan.
Pinsky said Saturday he didn't want to reveal more about the 6-year-old or details about her experience during the shooting because of privacy concerns.
The attorney said he hasn't gotten a reply from the state yet. The Hartford Courant first reported the filing.
37 comments:
The"state"replied"we SHALL endeavour our""quest""until parasitical lawyers vanish into the drains"hardly a defence!!!!!
I understand lawsuits if someone is at fault, and there will be a financial drain on the injured party.
Suing for the sake of suing, because the opportunity arises, is a sign of a society convinced that money cures everything.
Sometimes things happen, and you must deal with it. It's part of life. If one were to witness their grandmother having a heart attack, and undergo the distress of rescue efforts, only to have her pass away before their eyes, I would not be surprised to find the rescuers and/or witnessing family members sue..if there is money to be had.
Money won't fix what happened, what the child witnessed. I fear the pressure to be 'injured' will do far more harm than talking it out with appropriate people. This will go on for years, becoming the focus of the family's life. The child will relive the event, and it will eventually grow into something much bigger than it already is.
OT
The Quinn Gray saga: Extortion only the tip in a twisted tale.
911 calls.
http://m.jacksonville.com/news/metro/2010-02-21/story/the_quinn_gray_saga_extortion_only_the_tip_in_a_twisted_tale
OT..appologies if this has been covered in the past.
Police: Florida wife faked her own abduction
Cops say it was actually a $50,000 extortion plot cooked up with her lover.
http://today.msnbc.msn.com/id/33600013/ns/today-today_news/t/police-florida-wife-faked-her-own-abduction/#.UOBc2-RWySo
Peter, can't you have a spot for OT posts? It's vexing to have to read around them and equally so to have no spot to post them. Clearly this is a need to be addressed. It crazes me. Please think about a possible solution. I think most people would be grateful if not thrilled for some type of message board and guidelines for OT posting.
All the laws, doctors, meds, or counseling in the world can't stop a man who has made a decision to kill himself and take others with him. They pick easy targets to ensure that their desire to destroy lives will be effective.
During the Los Angeles riots, not one building was looted where armed guards stood by the doors with shotguns. The violent ones waved with respect as they passed by them.
Would an armed guard repel violent persons from entering schools and shooting students, like it does in private buildings, prisons, banks, warehouses, and court buildings?
This pending legal action is just a way to exploit all these suffering parents and citizens for financial gain. School security? Bah,humbug.
Hi John, I see the magic #3 shows up in the false abduction claim :)
It is generally very difficult to see a public school because you have to seek permission to do so. This case should not be allowed to go forward. The lawyer has his 15 minutes of fame.
Hi hobs
It certainly did,it jumped out the page and said ~don't you realise I will trip you up if you decide to use me as your alibi~ hahaha
FIRST POINT: When someone files a lawsuit, the rules of civil procedure generally require them to combine all of their claims arising out of that particular transaction or occurrence, for purposes of judicial economy and to avoid inconsistent verdicts. For example, to use a case I actually handled, if someone has a tire blow out due to a manufacturing defect and, while struggling not to lose control of their car, they pull off the freeway onto the shoulder where CalTrans has illegally piled gravel which is unmarked/unlit because CalTrans got tired of people stealing their flashing warning signs, but which the driver might have noticed if he were not struggling with a blowout at freeway speed at night, and they collide with the gravel pile which launches them up into the air then down into a gully, resulting in serious injuries and a death of one of the passengers, which injuries and death might have happened anyway if the driver lost control of his vehicle even if he hadn't struck the gravel pile, then all of that has to be decided in a single lawsuit. Since CalTrans is a public entity, a "government tort claim" must be presented (and denied) before the lawsuit can be filed.
I am not an expert on Connecticut law. However, a quick Google search reveals fairly standard "joinder" and "claims against the state" laws similar to federal law and California law which I am very familiar with. So, if the lawyer plans on filing a lawsuit against the estates of Adam Lanza and/or Adam Lanza's mother for 99% of the child's emotional injuries and psychological trauma, as well as for the .9% attributable to Adam Lanza's psychologist and .1% for the school's lack of effective security protocols, then the lawyer has to "ask to sue Connecticut" before filing a lawsuit concerning the whole occurrence.
SECOND POINT: Obviously everything is not yet known about the Sandy Hook massacre but what has been made public is enough to show several troubling holes in the school's security. In particular, every staff member should have been trained about what to do in an intruder/shooter emergency, same as in a fire drill. A jury of 12 Connecticut citizens will decide whether the school district's insurance company should pay money for its failure to adequately train/protect its employees and students. I pretty much agree with everything presented at this recent police seminar: http://www.policeone.com/active-shooter/articles/2058168-Active-shooters-in-schools-The-enemy-is-denial/
"You're completely wrong..." is
"you're", the abbreviation for "you are";
not the possessive "your"
My God. My God. This is too sickening and disgusting to even think about. Those poor poor bereaved parents in Newtown. Now this. This cockroach lawyer and the parents of the little girl who survived are doing this evil thing? How can they live with themselves?
It WILL leak out who this family is and their lives will be into a living hell. Just what they deserve. NO amount of money can ever compensate for this dirty scheme against a town, state and parents who has already suffered more than words can ever express, all through no fault of their own.
Troubling holes in the school security? Are you kidding? The door was locked, security was on (the mike!) when this crazed animal broke the glass and forced his way in, shooting as he went. NO ONE could have stopped him, not even an armed guard waiting outside or inside. THAT would have been a DEAD armed guard.
I am at a loss for words, except to say it is a good thing someone did switch open the mike from the office. It gave time and warning for some of the teachers to save as many of their children as they could. Oh my, oh my. How could any living breathing human being do such a thing as this?
"oh my oh my"????? ^^^^^ YOU SICKO!!!
Irving Pinsky is representing a child who is ALIVE. Apparently greed trumps moral compass and decency in some New Haven legal circles. Profiteering in a mere week's time since we laid to rest the last of the innocents here. It just adds to the suffering.
"Pinsky's claim says the state Board of Education, the state Department of Education and the education commissioner failed to take steps to protect the minor children from foreseeable harm."
Please read 60 Minutes interview transcripts:
Scott Pelley: I wonder what the standard security at the school is in terms of allowing visitors into the building and that sort of thing. How is it supposed to work?
Sally Cox (Sandy Hook Elementary School Nurse for 15 years, Survivor): We do our Pledge of Allegiance at 9:10. And then five minutes later the doors are locked. All the doors and all-- going around the whole building. And then when be--when people come they have to buzz. There's a camera. They push a button. It buzzes in the office and we buzz them in.
Scott Pelley: How long has that been true?
Sally Cox: Four or five years.
The gunman had shot out a window to get past the locked door. From the start, Sally Cox told us, the teachers and the kids, went immediately into the lockdown that they had practiced and practiced.
http://www.cbsnews.com/8301-18560_162-57559459/60-minutes-reports-tragedy-in-newtown/
This is outrageous. 100 million for one 6 year old? The parents should be grateful their child made it out alive, unlike the others.
This wasn't an accident where a child fell into a hole on the grounds and was injured. The hole could fall under neglect. Having a gunman shoot his way into the school is not an accident. The principal tried to fight him off on her own and was killed in the process. This is not neglect. She gave her life trying to protect everyone in the school. Turning on the p.a. saved many lives as the teachers knew to move into their emergency procedures.
This lawsuit is not just frivolous, it is greedy. This is a product of our sue happy society. Truly disgusting.
For all who need perspective - the bell tolling for all the fallen at Sand Hook Elementary:
http://www.nbcconnecticut.com/on-air/as-seen-on/184429091.html
What law school spawned this greedy jerk? I wonder what kind of grades he earned there? Joe Taco correspondence course I'll bet.
Makes me angry to hear this.
Unbelievable. If this kid has a problem it is the parents.
Like Townsend, this child suffered more hearing about the tradgedy than the actual ones dodging bullets.
Bet the parents sit the child in front of violent cable TV night after night-even during dinner.
The bells toll.
Names of fallen spoken.
Forlorn is is the lost
but they are not forgotten.
The bells toll.
This is what tumbles
out of our hands.
Above the suffering,
children laugh
and live.
The bells toll.
The silence in between
each name.
Please do not disrespect the innocent ones who have perished. Please.
I have a news flash for Pinsky. Every normal person in the whole country "sustained emotional and psychological trauma and injury" after Sandy Hook.
What a fool.
We were watching football with friends a couple nights ago and a commercial came on tv about some new gruesome movie full of killing and cruelty, and the woman in the commercial was just bubbling over about how "deliciously evil" the villain in the movie is.
I thought of Sandy Hook and I got sick to my stomach.
Since when is evil "delicious"?
The ruin of our country is this pursuing of the most degraded appetites.
Lis asks:
"Since when is evil "delicious"?
Since Madison Avenue.
Marketing evil is a cinch.
"It's delightful, it's delicious, it's de-lovely..."
(Cole Porter is rolling in his grave)
It's profitable -
The culture of violence.
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