The Ugly in Buffalo

This is a discussion on The Ugly in Buffalo within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; From the newspaper article: "David Park was a teacher and a family man, and he should not have died that night." He and his own ...

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Thread: The Ugly in Buffalo

  1. #16
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    From the newspaper article:

    "David Park was a teacher and a family man, and he should not have died that night."
    He and his own behavior are the causes of his death that night.
    He is not the one suing in civil court.

    Immunity from civil liability is separate law.
    . . . and is a Neccessary Adjunct to The Castle Doctrine laws.
    "It is easier to resist at the beginning than at the end"____Leonardo da Vinci 1452-1519

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  3. #17
    New Member Array cataylor's Avatar
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    It looks like the lawsuit has been withdrawn "after careful consideration" as reported by the Buffalo News.

    Here's the link: http://www.buffalonews.com/city/poli...icle314906.ece

  4. #18
    VIP Member Array joker1's Avatar
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    This is what is wrong with our society, well, add it to the list anyway.
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    With great power comes great responsibility.-Stan Lee

  5. #19
    VIP Member Array joker1's Avatar
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    Quote Originally Posted by cataylor View Post
    It looks like the lawsuit has been withdrawn "after careful consideration" as reported by the Buffalo News.

    Here's the link: http://www.buffalonews.com/city/poli...icle314906.ece
    I would say common sense prevailed, but it doesn't get used much in that state.
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    With great power comes great responsibility.-Stan Lee

  6. #20
    Senior Member Array Curt58's Avatar
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    My first wife's Father was a mean a** drunk and i had to defend myself so many times I refused to let him near my house.
    I can tell you I have no sympathy for someone who does irrational or stupid stuff because they are drunk.
    I got so tired of having to go over to the In LAws to hide his truck keys, then take his verbal abuse because I was trying to protect him and everyone around him.

    Someone comes inside my house uninvited, drunk of sober, and refuses to leave will get shot if they approach me!
    I still think Mr De'Marco should continue his lawsuit against the Estate of Mr. Park. Cleaning up the mess should be enough justified reason for a Mental Anguish lawsuit! After all he did not ask for all that happened to him and his family.
    Surely he encurred expenses having to defend his family

    ( I have lost to many good decent good friends to drunk dirvers I've made it my mission t report every drinking driver I see.)
    What have you done to prepare for the end of civilization as we know it?

  7. #21
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    For being a award-winning elementary school teacher it wasn't very smart to walk in someones house and then not leave when asked by the homeowner who is holding a weapon on you. There going to have to add another line on warning label "Don't drink and inter strangers home"
    No free man shall ever be debarred the use of arms. -- Thomas Jefferson

  8. #22
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    In Tx if its a legal SD shoot,they can't sue you civilly,I think if somebody sues you and loses they should have to pay your lawyer fees,be a lot less frivolous lawsuits
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  9. #23
    Ex Member Array hamlet's Avatar
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    I live in the area. I think it's harsh to judge family who sue - I don't think she's much or any case, but the effect of loss and grief plays into these things, so who's to say her motives are dishonest. She may believe it. I know someone who's partner had a disabling medical event, and he cannot give up the conviction it was the hospital's fault - and there is no evidence they did anything wrong. But he can't drop the anger and I think it's a way to avoid the grief.

    What may be happening - unless there is something unknown to make her chances reasonable in a suit - is an attorney who's hasn't told her the truth -

    I don't know these things, nor does anybody: I'm suggesting given the loss, there is no need to assign any motive to the suit, especially the worst.

    I was in a similar position to the friend I spoke of: I had lost a family member and was furious at the hospital but had no case. I went to an attorney: with great kindness he told me this was not actionable in his view. I tried to respond but just starting sobbing. For his part he looked very sad himself for me but said nothing and let what was happening happen. And that was it. I needed to grieve and accept, not sue. And the attorney helped me to realize that.

  10. #24
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    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  11. #25
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    I agree with the comments about unreasoning grief. It's human nature to want someone to pay when something goes badly wrong for us. We had an incident several years ago in my neck of the woods involving a girl struck by a car while jogging with her father. The father set up a sign along the roadside saying something along the lines of "Speeding to save time cost someone their life." and lobbied for a reduced speed limit in the area. This despite the following facts:

    First, he and his daughter were jogging in the same direction as traffic, at night, without reflective clothing.

    Second, the daughter stepped into the roadway (related point, how did he escape injury, why was his daughter in a more exposed position than he was?).

    Third, his proposed speed limit of 45mph instead of the current 55mph is still above the survivability threshold (chances of survival at 40mph are less than 1% and at 45mph are effectively zero barring extraordinary good fortune). It is telling that the driver of the vehicle that hit her wasn't even cited.

    The woman was probably lashing out, found an attorney without scruples (but I repeat myself ) and only dropped the suit when she was able to recognize her husband's culpability.

    Ryan
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.

  12. #26
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    Both parties involved have paid a horrible price already.

    What's done is done, leave it at that.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  13. #27
    VIP Member Array mlr1m's Avatar
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    I live in the area. I think it's harsh to judge family who sue - I don't think she's much or any case, but the effect of loss and grief plays into these things, so who's to say her motives are dishonest. She may believe it. I know someone who's partner had a disabling medical event, and he cannot give up the conviction it was the hospital's fault - and there is no evidence they did anything wrong. But he can't drop the anger and I think it's a way to avoid the grief.
    While I do have compassion for the family we also must have compassion for the innocents that the family in their grief attack. When you sue someone over something like this do you not cause them grief? What about any legal cost you inflict on them?

    Michael

  14. #28
    Ex Member Array hamlet's Avatar
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    Quote Originally Posted by mlr1m View Post
    While I do have compassion for the family we also must have compassion for the innocents that the family in their grief attack. When you sue someone over something like this do you not cause them grief? What about any legal cost you inflict on them?

    Michael
    Yes that's true, but I'm not trying to legitimize it - just mentioning motive is a mystery and when grief is involved best not castigate the person who wishes to sue. I think her decision - and from her lawyers reaction - I think it was HERS primarily, is a good one, will bring both parties some measure of peace perhaps. in the future. It's horrible for everyone. Not saying a suit isn't appropriate when it's called for, but when it really isn't, it just prolongs the pain. And a good lawyer will tell you this upfront, like the man did in my case. It was years ago but I still remember him with gratitude.

    I'm also glad from the story, it seems the community's reaction helped her to see the truth. We have a "down home" state of mind here, and a good sense of fairness.

  15. #29
    New Member Array cataylor's Avatar
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    Here are some follow up articles from both sides of the event from the Buffalo News

    "Haunted by his fatal decision"
    http://www.buffalonews.com/city/article320606.ece

    "Park's widow speaks out in official statement"
    http://www.buffalonews.com/city/article321105.ece

    Very interesting reads....

  16. #30
    Ex Member Array hamlet's Avatar
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    Quote Originally Posted by cataylor View Post
    Here are some follow up articles from both sides of the event from the Buffalo News

    "Haunted by his fatal decision"
    http://www.buffalonews.com/city/article320606.ece

    "Park's widow speaks out in official statement"
    http://www.buffalonews.com/city/article321105.ece

    Very interesting reads....
    It's a terrible loss for everyone involved, all people in all parties - and at the same time a justified action. This does not mean though that a widow, lost in the sheer bizarreness of her husband's death, can see all this with the objectivity the law has, or that those outside of these events may see. In a way that is absolutely a fluke, her world and her children's world has completely collapsed in an instant. So too, the person who shot, will likely never be the same - or his family. Everyone's action was innocent, yet fate has created a personal tragedy for all. If any event would make the loved ones who suffered the loss scream "WHY ?!" to the heavens, (and all have suffered various losses) it would be this one. And there will never be a satisfying answer coming back - just the immediate technical OK of a legal act. Such is life's mystery...... and here an awful mystery... May they all find some measure of peace.

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