Man that was beaten at NBR Chevron has filed lawsuit | TigerDroppings.com

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thickandthin
LSU Fan
In The Zone
Member since Apr 2009
405 posts

Man that was beaten at NBR Chevron has filed lawsuit


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







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meauxjeaux2
Boise State Fan
watson
Member since Oct 2007
45375 posts

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


ohh yeah?





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tylercsbn9
LSU Fan
Tomball, TX
Member since Feb 2004
54635 posts

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


Well he cant sue the POS that beat him. Unless food stamps are eligible.





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REG861
Vanderbilt Fan
New Orleans
Member since Oct 2011
14547 posts

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.


Its ambitious but not unheard of.






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Btrtigerfan
LSU Fan
Baton Rouge
Member since Dec 2007
5375 posts

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


quote:

Will probably be thrown out


He was in the wrong neighborhood. He was wearing a pink shirt.






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KABoss02
LSU Fan
Dallas
Member since Jul 2009
1023 posts

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


It occured on his (gas station) premesis. In that area of town, pumps being open that late, no security, potentially poor lighting..... I don't think a big payday from the GL policy is out of the question.

FWIW, I don't think the station owner did anything wrong, that is just the system we have now.

Get hurt somewhere other than your house, sue said property owner, insurance tenders defense, trys to make you go away with a small settlement, story has media coverage, small settlement not possible -----> payday recieved.



This post was edited on 10/15 at 12:26 pm


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Spaulding Smails
New Orleans Saints Fan
Anklepants
Member since Jun 2012
11012 posts

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


quote:

Will probably be thrown out

quote:

can't see the liability of gas station owner.

You don't much personal injury law, do you?






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jbgleason
LSU Fan
BTR, suck it all you haters
Member since Mar 2012
1842 posts

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


Sue perpetrator for possession of his EBT card.

Find out EBT card has no limit.

Profit????






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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:

Will probably be thrown out


Yeah. I'm sure Mike Palmintier will just have this thrown out on summary judgment.

Why don't you ladies stick to your Matlock re-runs and pipe down on the legal theories.






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jrodLSUke
LSU Fan
Tigerdroppings Premium
Member since Jan 2011
5159 posts

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


quote:

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

I guess...I mean, It's a good thing the TPOS is off the streets. On the other hand, there is no doubt in my mind that the TPOS is perfectly happy lounging around in jail for the rest of his life.






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Dorothy
LSU Fan
Munchkinland
Member since Oct 2008
14932 posts

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


It will be interesting to see how this plays out. According to the article:

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.


but

quote:

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.”


That same gas station was the scene of another murder in 2006, so maybe this time the plantiffs can establish that the crimes were foreseeable and security should have been present since there now seems to be a pattern of violence there.






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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:

That same gas station was the scene of another murder in 2006, so maybe this time the plantiffs can establish that the crimes were foreseeable and security should have been present since there now seems to be a pattern of violence there.


I'm going to pull the petition but I'm sure Mike alleged exactly that.






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KABoss02
LSU Fan
Dallas
Member since Jul 2009
1023 posts

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


quote:

That same gas station was the scene of another murder in 2006, so maybe this time the plantiffs can establish that the crimes were foreseeable and security should have been present since there now seems to be a pattern of violence there


If I were the insurance company on this claim I would be crapping my pants right now for this very reason. He will get paid.






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Roscoe
Member since Sep 2007
1405 posts

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


Well, unlike the first suit that was dismissed and went up on appeal, the Plaintiffs in this suit can now point to at least the two prior shootings on this premises and whatever other criminal activity that has taken place on this property since to try and make their case.






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TigerStripes06
LSU Fan
SWLA
Member since Sep 2006
25039 posts

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


At least a "beware: natives are restless" declaration on the stations marquee.





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ChineseBandit66
LSU Fan
Jigga City, Louisiana thru Funroe
Member since Jul 2013
872 posts

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


quote:

Sue perpetrator for possession of his EBT card.

Find out EBT card has no limit.

Profit????








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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


This particular plaintiff attorney has had many sympathetic victim clients in the past whom he has represented in cases of very tenuous liability. Nonetheless, he has prevailed many times in litigation of this ilk. In this particular case, his clients are extremely sympathetic victims, and the premises owner and operator will be deemed to have known of the security issues and negligently failed to correct them. It is unlikely to be tossed out on summary judgment given the history of the location and I would not be surprised if he obtains a substantial settlement for his clients. Certainly, the division of court in which it is filed will make a difference in the way the case progresses. If I were the defense attorney in this case, I would not be comfortable with my only defense being that the harm was caused by the intentional, criminal act of a third party. The uncertainty will arise based on the perceived attributable percentages of comparative fault.





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idlewatcher
LSU Fan
Houston
Member since Jan 2012
7980 posts

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


Hate to sound shallow in light of him getting worked over by that TPOS, but suing for "more adequate security"? It's not the business owners duty nor job to provide security. If it doesn't have security, take your arse down the road to one that isn't
quote:

in a neighborhood long plagued by violent crime.






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Mung
LSU Fan
El-lick
Member since Aug 2007
4563 posts

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


very interesting. Palmintier is an excellent, very courteous and professional attorney. Ordinarily a business owner has no duty to protect patrons from criminal acts of third parties. The question will be whether this was foreseeable.

Honestly, 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? That's $73K a year, which would require the sale of numerous 40oz to cover. Cop presence might actually slow sales to criminal element who are btw crimes. Seems a bit much, but I do insurance defense work, so am biased.






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lsu480
Arizona State Fan
Downtown Scottsdale
Member since Oct 2007
67332 posts

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


He will probably get a small settlement.





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