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Author Topic: Whut? You thought you could win this? LOL [Locked]
Jyiiga  2 stars
Title: The MMO Snob
Posts: 374
Registered: 2001-3-15 22:36:09
"Court: If you steal somebody's gun, then accidentally shoot yourself and die, your survivors aren't entitled to a cent"

http://www.universalhub.com/2012/court-if-you-steal-somebodys-gun-then-accidentally

"The Massachusetts Appeals Court ruled today a gun owner was not liable for the death of a man who stole one of his guns then died when the gun went off as he was putting it back at his sister's insistence.

After Charles Milot died in 2002, his ex-wife, acing as executor of his estate, sued both the gun owner - a family friend who gave Milot a job after he got out of a county jail - and the gun manufacturer, alleging negligence. According to the decision, Milot found the key the man used to lock up his guns, stole two of them and then showed them to his sister. She convinced him to put them back, but in the act of putting one of them back, it went off, severing his left femoral artery, which caused him to quickly bleed to death.

In its ruling, the court said the estate's not entitled to a cent from the gunowner because Milot died while in the commission of a crime: illegal possession of a gun in general and by a convicted felon in particular.

"We conclude that public policy dictates that Milot's criminal conduct acts as a bar to recovery," the court said, citing similar rulings in both Massachusetts and elsewhere, such as one against a burglar who sued a homeowner for negligence because he broke his leg in a fall caused by a missing step down to the cellar and a Milton Academy student who tried to sue his school for failing to keep him from committing statutory rape.

The court added that the gun maker, Glock, was protected as well, both by a federal law that restricts manufacturer liability for what people do with their guns and, again, because Milot was using the gun in an illegal act."

Maybe they can sue their own lawyer for malpractice?

 

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HeartView  4 stars
Title: Be right back...
Posts: 1,209
Registered: 2001-12-20 08:11:56
Dumber things have made their way through the courts, so I'm not surprised by the details.

 

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Eradiani  3 stars
Title: Moderator/ EvEVault Staff
AE mid to deep

Posts: 527
Registered: 2002-5-3 02:18:49
This is a victory for anyone with sanity.



At least Mass. knows (in this case) that a person should be responsible for their own stupidity

 

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-Foxy-  5 stars
Title: Moderator
Über Brat

Posts: 6,565
Registered: 2002-5-29 21:46:17
dumber things have been approved. i wouldnt have been surprised if you had said they were to have handed of millions to them.

 

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Long suffering vassal to Xarkath, U.P. - Forever and ever
Chogram  3 stars
Posts: 945
Registered: 2001-8-23 02:52:32
Brandun  4 stars
Posts: 1,834
Registered: 2002-1-23 10:11:50
Eradiani posted:

This is a victory for anyone with sanity.



At least Mass. knows (in this case) that a person should be responsible for their own stupidity



you don't know how stupid Massachusetts is

and this crap is what gives Chogram (using you as an example my friend, but you speak for many) fuel to stupid ass lawsuits and stupid ass people

how did this even get into court


It diminishes people from using the courts as a legitimate form of justice

makes me puke really

 

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Everything will be OK in the end
If it's not OK, it's not the end
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NonOffensiveName  3 stars
Title: Touching people in special places all day long
Posts: 830
Registered: 2001-10-7 19:39:14
Jyiiga posted:

"Court: If you steal somebody's gun, then accidentally shoot yourself and die, your survivors aren't entitled to a cent" http://www.universalhub.com/2012/court-if-you-steal-somebody s-gun-then-accidentally "The Massachusetts Appeals Court ruled today a gun owner was not liable for the death of a man who stole one of his guns then died when the gun went off as he was putting it back at his sister's insistence. After Charles Milot died in 2002, his ex-wife, acing as executor of his estate, sued both the gun owner - a family friend who gave Milot a job after he got out of a county jail - and the gun manufacturer, alleging negligence. According to the decision, Milot found the key the man used to lock up his guns, stole two of them and then showed them to his sister. She convinced him to put them back, but in the act of putting one of them back, it went off, severing his left femoral artery, which caused him to quickly bleed to death. In its ruling, the court said the estate's not entitled to a cent from the gunowner because Milot died while in the commission of a crime: illegal possession of a gun in general and by a convicted felon in particular. "We conclude that public policy dictates that Milot's criminal conduct acts as a bar to recovery," the court said, citing similar rulings in both Massachusetts and elsewhere, such as one against a burglar who sued a homeowner for negligence because he broke his leg in a fall caused by a missing step down to the cellar and a Milton Academy student who tried to sue his school for failing to keep him from committing statutory rape. The court added that the gun maker, Glock, was protected as well, both by a federal law that restricts manufacturer liability for what people do with their guns and, again, because Milot was using the gun in an illegal act." Maybe they can sue their own lawyer for malpractice?

Must've really stung when that twinkie defense didnt work out huh? lol

 

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