Man that was beaten at NBR Chevron has filed lawsuit - Page 2 - TigerDroppings.com

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beachdude
LSU Fan
Baton Rouge
Member since Nov 2008
1442 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

He will probably get a small settlement


It depends on what you mean by "small", but I agree.






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Skillet
Member since Aug 2006
51542 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

Hopefully, that thug that beat him will get life though.


maybe, if they can get him convicted as a habitual offender...i'm guessing though that he won't be convicted though, which will allow him to actually kill someone at his next gas station performance.






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Roscoe
Member since Sep 2007
1399 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

even if they had 2 murders in the last 10 years, does that make crime foreseeable enough to require the store to pay some off duty cop $20/hr for 10-12 hours a night, 365 days a year?


In reading the 1st circuit opinion referenced in the newspaper article where the murder 10 years ago was dismissed on summary judgment, it appears there was a pattern/history of criminal activity on the site/area back then; however, the plaintiff's attorney in that case just didn't properly submit this evidence in an admissible form to oppose the summary judgment.

The Plaintiffs attorney in this case won't make that mistake.






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udtiger
LSU Fan
Louisiana
Member since Nov 2006
23798 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

Will probably be thrown out, can't see the liability of gas station owner. Hopefully, that thug that beat him will get life though.


If prior similar criminal conduct and activity made this incident foreseeable, and the owner did not take reasonable steps to protect patrons/customers, there could be a finding of liability.






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tgrbaitn08
USA Fan
Member since Dec 2007
35629 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

The same gas station was sued for wrongful death about 10 years ago after the fatal shooting of Christopher K. Hamlin, 25, who died in a hail of gunfire while pouring oil into his vehicle.

Surveillance footage of the shooting showed a car pulling into the parking lot at around 4:30 a.m. A man wielding an assault rifle emerged from the passenger side of the vehicle and unloaded 18 rounds, striking Hamlin several times.

The assailant left with Hamlin lying in front of his vehicle.

Hamlin had been out partying on the night of his death and gotten into a fistfight, according to court records. His slaying remains unsolved.

Though no arrests were made, Hamlin’s family filed a civil suit accusing the gas station of negligence.

Judge Janice Clark dismissed the case, and her findings were affirmed by the 1st Circuit Court of Appeal.

The appellate court held that business owners owe customers a reasonably safe place and must exercise “reasonable care” to protect them from harm from employees and third parties.

But, the panel added, “there is generally no duty to protect others from the criminal acts of those parties.”

“This duty only arises,” the court held, “when the criminal act in question was reasonably foreseeable to the owner of the business.”

In November 2006, the gas station was the site of another fatal shooting when Nedrick Dent, 38, was killed during an argument near the fuel pumps. That case also has not been solved, police said.





note to self: Do not stop at Stadium Chevron in Baton Rouge






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Tigerlaff
LSU Fan
Member since Jan 2010
9597 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


He probably will recover something.





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Mung
LSU Fan
El-lick
Member since Aug 2007
4544 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


well, if you read the story of the prior suit, the crime appeared to be specific to the victim, not the location. Some guy pulls up and shoots that guy only, no robbery, etc. He had been in a fight earlier. Seems like he could have gotten shot anywhere by this person, not just at that station.

Using the current facts, one needs to know how many patrons had been assulted by the usual loitering crowd, over the past few years.






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bakersman
LSU Fan
avoyelles parish
Member since Apr 2011
1865 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


A few years ago a bread guy in Alexandria was beaten and his truck was robbed at a store in a very bad part of town. Guy got paid. Store owner ended up losing the store after the lawsuit.

This case is very winnable






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LNCHBOX
LSU Fan
70001
Member since Jun 2009
17081 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

A few years ago a bread guy in Alexandria was beaten and his truck was robbed at a store in a very bad part of town. Guy got paid. Store owner ended up losing the store after the lawsuit. This case is very winnable


This is precisely what is wrong with our system. This is sickening.






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biglego
LSU Fan
your mom knows
Member since Nov 2007
20127 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


I would've hired Unglesby





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LSUandAU
Florida
Member since Apr 2009
3984 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

LNCHBOX


Lunchbox, what up? That scenario is sickening!

Some good points in the thread about reasonable foreseeability given prior incidents at the location, etc. Sometimes, insurers cut bait and settle too, if they can't get the case dismissed on sj, etc.

When did the employees first recognize the attack was imminent or occurring and what did they do?






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tigerpimpbot
LA-Monroe Fan
The 561
Member since Nov 2011
28005 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

This is precisely what is wrong with our system. This is sickening.


I know right? A shite gas station owner is too cheap to hire security even though he knows his customers might be attacked because it's happened in the past.






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chief420
West Virginia Fan
Parkersburg,WV
Member since Apr 2009
4188 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

I know right? A shite gas station owner is too cheap to hire security even though he knows his customers might be attacked because it's happened in the past.


You've got a point, but still, you get out of your car in the middle of the fricking jungle, you might get attacked.






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jbgleason
LSU Fan
BTR, suck it all you haters
Member since Mar 2012
1837 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


Lawyers just want to get paid.

Dude gets attacked in the ghetto. It's the store owners fault. Pay up.

Dude refuses to build stores in the ghetto because its dangerous. He is racist. Pay up.

This reminds me of the guy who built a GPS app that helps you avoid high crime areas. He was sued because the app was "racist" since the areas it identified happended to be minority areas.

Thanks Obama!






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TIGRLEE
LSU Fan
North La
Member since Nov 2009
19711 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


Meh, if it were me I'd tell em to keep money.
Just shut Mississippi River bridge down for few mins and let me toss the thug pos off head first.

Do the world a favor.






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LNCHBOX
LSU Fan
70001
Member since Jun 2009
17081 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

I know right? A shite gas station owner is too cheap to hire security even though he knows his customers might be attacked because it's happened in the past.



Yea, it's the owner's fault some monkey decided to act like a monkey. It's also the owner's fault the guy that got attacked wasn't aware of his surroundings. Congrats on being part of the problem with our society.






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Wisc2BR
Wisconsin Fan
Wisconsin on way to Baton Rouge
Member since May 2013
97 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


Sad shite.





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Cold Cous Cous
LSU Fan
TD OG
Member since Oct 2003
13385 posts
 Online 

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

Ordinarily a business owner has no duty to protect patrons from criminal acts of third parties. The question will be whether this was foreseeable.

I thought the rule in LA was that a business owner does have a limited duty to help in these situations, but his duty is satisfied by immediately summoning help (like calling 911 or sounding the alarm system). This is not my area though.






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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
13103 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

Store owner ended up losing the store after the lawsuit. This case is very winnable


quote:

This is precisely what is wrong with our system. This is sickening.


Dip shite should have had adequate insurance and he wouldn't have lost his store.






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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
13103 posts

re: Man that was beaten at NBR Chevron has filed lawsuit


quote:

Yea, it's the owner's fault some monkey decided to act like a monkey. It's also the owner's fault the guy that got attacked wasn't aware of his surroundings. Congrats on being part of the problem with our society.


You think that same fricker isn't selling crisp white tee-shirts for $18 a pop? Live by the sword...die by it.






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