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This topic comprises 3 pages: 1 2 3
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Author
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Topic: Shooting Lawsuit Update
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Leo Enticknap
Film God
Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
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posted 07-01-2016 01:57 PM
quote: Bobby Henderson
Does the company not realize just how shitty that would make them look to the general public? Do they not realize they could be dealing with a lot of negative publicity if they bankrupt these people? It could end up costing them a whole lot more than $700,000 in lost business.
They're not stupid (presumably), and they must understand that doing this will unleash a sh!t storm of negative publicity. The only two rational explanations I can think or are (a) Cinemark is not in a good financial position and they actually need that $700k to remain a stable business, and/or (b) they want to send a message to anyone else who might be thinking about taking them to court, and believe that this is more important than the short-term negative publicity.
It's a difficult one. On the one hand, this lawsuit clearly shouldn't have happened (IMHO), because there was never any serious evidence on the table that Cinemark had the duty of care to the victims that the plaintiffs claimed that they did, and that they failed to discharge. Also IMHO, it raises the question of why any responsible attorney would take the case on.
As for minor traffic violation fines, this is a huge issue in CA, where speeding fines can be in the high three figures. There is an almost universal belief that they have almost nothing to do with road safety, and an awful lot to do with revenue-raising. Fines for freeway speeding in particular completely undermine the rule of law. When I first moved here I was scrupulously careful to obey all speed limits: as a recent immigrant, I was warned by the attorney who handled my green card application that any brush with the law whatsoever could endanger my permanent resident status.
However, try obeying the 65mph limit on an uncongested (which admittedly, doesn't happen very often) SoCal freeway, and you'll be a danger to yourself and everyone around you. Even the big rigs will be tailgating you and honking at you. So in those circumstances I usually cruise at around 70-75, and even then most other vehicles are passing me. Any passing CHP cruiser could simply pick off any vehicle they choose and slap them with a $500 ticket, and I'm sure they have daily quotas that are set to deliver a healthy profit for the state. IMHO, the limit needs to be raised to a level that a majority of the public would support as being sensible, and thereafter enforced with zero tolerance (e.g. by speed cameras). As things are, drivers are effectively forced to break the law, and roll the dice on every journey they make as to whether they'll get away with it.
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Bobby Henderson
"Ask me about Trajan."
Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001
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posted 07-01-2016 03:28 PM
quote: Leo Enticknap
It's a difficult one. On the one hand, this lawsuit clearly shouldn't have happened (IMHO), because there was never any serious evidence on the table that Cinemark had the duty of care to the victims that the plaintiffs claimed that they did, and that they failed to discharge. Also IMHO, it raises the question of why any responsible attorney would take the case on.
The why of it is an easy one there: money. A huge movie theater chain looks like a fat, juicy target for any law firm looking for a big settlement. The firms involved get a lot of publicity from the press coverage. Even if they don't win the high profile case the publicity gains them a lot of other business anyway.
quote: Leo Enticknap
As for minor traffic violation fines, this is a huge issue in CA, where speeding fines can be in the high three figures. There is an almost universal belief that they have almost nothing to do with road safety, and an awful lot to do with revenue-raising.
There's a lot of that nationwide, everything from big city police departments to little one horse towns operating their own speed trap franchises. I agree with you about it being very difficult to drive at or below the speed limit in some big cities. It's crazy in Dallas. If the traffic isn't jammed everyone is doing 70mph or 80mph. I once got a ticket from a motorcycle cop in the Dallas suburb of Garland. People were blowing past me in my Camaro like I was standing still, but I got pulled to the side.
It's one thing for city governments to be raising revenue via speeding tickets. But I think the more sinister side is the financing angle of it. Middle class people usually can scrounge enough cash to pay off a ticket or other court fines all in one shot. Poor people can't do that so easily. So they have to get on a payment plan. Just getting on the plan costs a big fee. Then the company financing the fine charges loan shark interest on it. A $250 traffic ticket can balloon into thousands of dollars in no time at all. I've read about people losing their cars, jobs and getting evicted onto the street due to that crap. Some even wind up in prison. Supposedly debtors prisons are illegal in the United States, but this is happening anyway.
This stuff is doing nothing to help public safety or improve society. This arrangement in the criminal justice system is there to make some connected people a shit ton of money. We have a situation where a convicted felon released from prison and trying to straighten out his life can literally be forced back into committing crime just to try to pay off his high interest court fines. He's not going to get a good paying job anywhere since he's a felon, but he has bills to pay anyway. The situation undermines public safety. Plus, it makes even more of a mockery of the word "rehabilitate" the criminal justice system likes to use so much. The system only seems to deliver ever-lasting vengeance against the convict, not rehabilitation. Take away the convict's opportunities and hope for the future and it will be replaced with the motivation to commit more crime, victimize more people.
quote: Mark Ogden
I promise you, the Cinemark suit is a legal maneuver to bring the case to a final conclusion. Once the familiy's attorney promises not to file an appeal or file any further actions against them, the Cinemark compensation suit will be quietly dropped.
I hope you're right. Still, suing the victims/plaintiffs looks like a dick move in the press. Those families are probably out all kinds of money already on attorney fees. The shooting victims who survived are burdened with the price gouging costs of medical treatment. There's no doubt the thought has crossed some victims minds to break the shooter out of jail just to kill him.
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Ron Funderburg
Jedi Master Film Handler
Posts: 814
From: Chickasha, Oklahoma, USA
Registered: Nov 2007
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posted 07-02-2016 09:40 AM
Security is, at best, a difficult thing to provide. A uniformed and armed presence is there as a deterrent to dissuade someone from doing something wrong. It also provides reassurance to the public of their safety. Reassurance is a feeling, not a fact – the security personal is usually the first target, more often than not, makes a small wage and unfortunately is often poorly trained. I can say this from personal experience as I worked in the security, personal protection, and investigation business in the 1980’s. Only individuals that show a high degree of smarts, awareness and integrity receive extra training. This is usually to move them from general security into personal security, fugitive recovery or investigations for the company.
It is hard to imagine an average security guard having an awareness to identify the shooter, find a clear path to “take them out” and fire before his shiny badge gives the shooter the advantage. In the bar shooting in Florida, the off-duty cop there as security for the venue was the first killed. If they are in plain clothes with concealed weapons, they are not a deterrent. There is no way to ensure anyone’s safety, almost anywhere.
Been absent for a long time just wanted to weigh in on this subject. Not intending to offend anyone but security in life is largely an illusion, it is just the law of averages if you are hurt or killed or go through life and never stub your toe, ain’t life grand?
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