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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/31/23 at 11:44 pm to
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/31/23 at 11:44 pm to

What's the analysis of suing Reggie's? Can they be 'liable' civil case for the rape and death?


Oh. Extra credit: can the car insurance policy be sued for the rape occurring in the car?
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/31/23 at 11:47 pm to

Judge Holden gave a pretty good explanation how the death must come in. The BAC was done at the hospital and her wandering into the street shows Madison's lack of capacity ("stupor").

Judge will say, "The fact that someone died doesn't mean you must find the defendants guilty."

See how that goes over. They set the path that night of all that followed.
Posted by redstickrick
Laffy, La
Member since May 2019
474 posts
Posted on 2/1/23 at 12:16 am to
quote:

What's the analysis of suing Reggie's? Can they be 'liable' civil case for the rape and death?


Not much since Louisiana has very strict laws. Dram shop Laws read to only protect in case of legal age drinking but have long been held by courts to include cases where a fake ID is used. Reggie’s has next to 0 chance of civil liability because “intervening criminal conduct” is a tort defense. All they would need to prove by a mere preponderance of evidence that the thugs committed a crime that caused the damage and then they would be off the hook even if they are found to have acted negligently because the thugs would’ve broken the chain of causation.

That defense plus dram shop defense makes a lawsuit against Reggie’s not very useful. But this high profile they could very well settle out of court to avoid more issue
This post was edited on 2/1/23 at 12:18 am
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 2/1/23 at 12:22 am to
To that I say:

1. She worked at the damn place. They didn't know how old she was? The girl behind the bar was a sorority sister and knew her personally.

2. She drank random drinks. They had video cameras and security footage. She was .319 BAC at time of death and likely higher than that at the bar. They served a drunk person and let a drunk person get drunker.

No liability?

If it went to a jury, they'd pay. Bigly.

They also served the teens that raped her but that's more for the loss of liquor license hearing I suppose.


Posted by 9rocket
Member since Sep 2020
1742 posts
Posted on 2/1/23 at 12:23 am to
On page 229 on 1/28/23 Hangit posted the first driveway on the left. Said it was in the affidavit. I didn’t see it when I looked, but I could have easily missed it.

Found it. Big, bold type.
Offense location : 962 Jennifer Jean.
This post was edited on 2/1/23 at 12:31 am
Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 2/1/23 at 1:04 am to
In reference to the appearance of Madison stumbling in the video leaving Reggies. I think this may actually be due to some gnarly tree roots. Check out the google street view. Zoom in to the tree roots to the left of that tree. This appears to be where she stumbled.

Google Street View

Obviously I'm Pro-Madison, but I don't think the "stumbling" in the video is going to have legs. Pardon the pun.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 2/1/23 at 2:27 am to
Great catch. I completely missed that.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 2/1/23 at 3:46 am to
quote:

Judge will say, "The fact that someone died doesn't mean you must find the defendants guilty."


Subsequent death is not an element or a factor in third degree rape. The crime is complete when the assault begins.

As a matter of proof of an element of the crime, the manner in which she died here is absolutely relevant to whether she was capable of consent minutes before.

I don’t want to dox you, but who are you? You’ve said you are a part time reporter. You have to be in your eighties to attend as many home football games as you said you have.

This case interests me because I like to untangle factual and legal problems. I’m also a severe insomniac, so I’ve got a lot of extra time to read and think. What’s your game here?
This post was edited on 2/1/23 at 4:14 am
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23236 posts
Posted on 2/1/23 at 6:02 am to
quote:

Offense location : 962 Jennifer Jean


Raj's old place?
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 2/1/23 at 6:28 am to

YOu don't want to dox me but 'who are you'? Hmm.

My only 'game' is justice for Madison. This is an internationally covered event that will only get more attention as trial approaches.

We've seen experts in chemistry, toxicology, law, etc. and learning if a lifelong journey.

Madison's family has set a caring path forward with a foundation and making young people aware of the risks of binge drinking, lack of buddy system, or taking advantage of a highly intoxicated female. They've also shown the benefits of organ donation in midst of tragedy. God be with them.

Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 2/1/23 at 6:34 am to
Good catch.


From there do we have any idea the path the group traveled? We know they wound up in Pelican Lakes. Were the 3 addresses (?)/locations Madison gave them all there? Were they driving around?

If the rapes were completed by 2:20 and police called 2:50. She had to walk in the neighborhood a bit then to Burbank - 15 minutes. So they went to three addresses in 15 minutes?

It'd take 10 to drive from location of rapes to Pelican Lakes.

Just trying to do the "she drove them to three locations" timelines as it is not adding up - unless it was three random houses in Pelican Lakes.

Did she say a mother of a sorority sister lived in Pelican Lakes? She's sold them she's in a sorority and likely knew which one. Why not take her there?

Posted by LordSaintly
Member since Dec 2005
43342 posts
Posted on 2/1/23 at 6:39 am to
quote:

Furthermore, as much as a love her, she can and does lie to me with a poker face because she's a college kid. Fortunately I'm an old fart that loves derails so I pick the bullshite apart and punish her accordingly


You punish your college aged daughter?
Posted by lctiger
Member since Oct 2003
3432 posts
Posted on 2/1/23 at 6:42 am to
I live close to this area. Pass on Burbank on my way to work. If leaving Reggie’s and looking for place to park for sec, you would not want to go toward the back of Tiger land. That is not a safe area. Nicholson is well lit but right across Nicholson just where those houses line Jennifer Jean it’s not well lit at all until you get to Burbank.
Posted by Napoleon
Kenna
Member since Dec 2007
74391 posts
Posted on 2/1/23 at 6:58 am to
quote:

Extra credit: can the car insurance policy be sued for the rape occurring in the car?


While I want to say no. GEICO HAD TO PAY $5M last year because someone got aids in a car.
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 2/1/23 at 7:09 am to
quote:

If it went to a jury, they'd pay. Bigly.


Sorry, that's stupid. Reggie's didn't rape her. You may as well sue her sorority sisters/friends for allowing her to leave with those guys. It makes as much sense.
Posted by nola tiger lsu
Member since Nov 2007
7429 posts
Posted on 2/1/23 at 7:14 am to
quote:

While I want to say no. GEICO HAD TO PAY $5M last year because someone got aids in a car.


Per usual, more to that story. Was bad faith case failure of the duty to defend. You're right in general as to the underlying case but there's a bit more to the story.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 2/1/23 at 7:17 am to

Here are some guys ready to sue:

quote:

Many victims involved in alcohol-related accidents in New Orleans don’t realize they may have the right to file a claim against more than just the drunken person. The “dram shop,” or establishment that furnished the intoxicated individual with alcohol, could share liability for negligently permitting the person to cause the harm. Louisiana’s dram shop statute is more limited than in most other states, but injured victims might still be able to hold a dram shop liable in two situations. Learn more during a free consultation at the Law Office of John W. Redmann, L.L.C.


LINK
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 2/1/23 at 7:29 am to
I have no doubt there are people that would sue. Doesn't make it any less frivolous imo. Had Reggie's over served her and she smashed her car into another vehicle and killed people, ok I see that. This isn't that though.
Posted by lctiger
Member since Oct 2003
3432 posts
Posted on 2/1/23 at 7:56 am to
You are thinking the same way I was about 50 pages back. I think they drove her around for 5-10 minutes and then got rid of her. That has terrible optics so defense used Nakamoto to plant seed of this “took her to 3 locations” as that sounds a lot better than 5 minutes. The locations have to be very close to each other.
Posted by tiger91
In my own little world
Member since Nov 2005
40244 posts
Posted on 2/1/23 at 7:57 am to
Won’t their cell phones allow to verify this?
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