General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumsis this correct? in florida, there is no civil judgment available for wrongful death?
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Sadly for Trayvon Martins family, the decision by a jury of six Women not only allowed George Zimmerman to walk free from shooting and killing the 17-year old victim, but ironically Florida Statutory laws also protects Trayvons killer from any civil damages.
http://beforeitsnews.com/blogging-citizen-journalism/2013/07/florida-statutory-laws-prohibit-trayvon-martin-family-filing-civil-suit-against-george-zimmerman-naacp-request-doj-pursue-justice-2448364.html
Demoiselle
(6,787 posts)...?
customerserviceguy
(25,183 posts)I don't see him doing that.
hack89
(39,171 posts)Laelth
(32,017 posts)And it's a civil action. But, unless Zimmerman has some assets, suing him would be useless. Plus, he's already got a jury verdict saying that Martin's death was not wrongful.
That would be a very tough case to win, I think.
-Laelth
Bjorn Against
(12,041 posts)The jury did not rule that the death was "not wrongful", they ruled that he was not guilty but did not give a reason as to why he was not guilty. I am pretty certain that Zimmerman has not been officially declared to have acted in self defense so he may not be able to take this protection.
Laelth
(32,017 posts)If Martin's parents filed suit, the Defendant would move for summary judgment on the issue and the question would, initially, fall to a judge to decide. If Plaintiff won at summary judgment, then the matter may proceed to trial, and at that point the jury would get to make the final determination.
As I said, I think it would be tough to win. I never suggested it would be impossible.
-Laelth
Bjorn Against
(12,041 posts)Zimmerman is going to use this case to make money for himselfif he is not sued, he has already decided to sue NBC and he has a chance at winning which would give him assets. The Martin family will need to fight to make sure he can't keep those assets.
It all depends on who is on the jury of course, but the case is certainly winnable as long as you don't get any stubborn racists on the jury.
Tx4obama
(36,974 posts)and he will be getting book deals and also probably speaking fees.
So, there's good reason to try to get a monetary judgement against him.
Stopping him from profiting from Trayvon's death is the best way to go.
davidpdx
(22,000 posts)I just hope they have enough evidence to prove it wasn't self-defense.
Response to niyad (Original post)
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mcar
(42,376 posts)Maybe this would be understandable then. Just sayin'.
liberalhistorian
(20,819 posts)to correct you before you smell the delicious aroma of the pizza that will be arriving for you shortly. However, let me start by saying that Zimmerman did NOT NOT NOT NOT NOT NOT NOT have "public defenders." He had two very fancy, expensive PRIVATE defense attorneys paid for by both donations from fellow ignorant racists and his family; his father was a magistrate. Those private attorneys are largely responsible for getting him off. As a former legal support worker and the wife of an attorney, I can say unequivocally that money talks in the "justice" system and those who can afford fancy private attorneys and the best defense will often go free, even if they're guilty, despite any facts that may point to their guilt. Money, not facts, often count the most in the "justice" system.
And he targeted and harassed and followed Martin based on his race. He threw every stereotype imaginable into that 911 call, "on drugs, up to no good", etc. The kid was just walking home from the store with snacks for his little brother, he was wearing a hoodie because it was fucking cold and RAINING, he was doing nothing whatsoever wrong. He simply looked like he "didn't belong" in that neighborhood because he was, God forbid, a black teenage male. Zimmerman was told that he didn't need to get out of his fucking car, to just stay there until the police arrived. But Mr. Macho cop wanna-be couldn't leave it alone. Martin had the right to be left alone and to defend himself, and was probably sick of being challenged all the time by the likes of Zimmerman because he didn't "look" right, i.e., wasn't the right color.
But enjoy your brief stay here and your pizza.
Pathwalker
(6,599 posts)On what planet? In a past life? NOT on this case, he wasn't.
VanillaRhapsody
(21,115 posts)that's why O.J. moved there...
DeadLetterOffice
(1,352 posts)In a wrongful-death action against Zimmerman, Martins family would need to show he was culpable only by a preponderance of the evidence, according to Peter Grenier, a personal-injury lawyer at Bode & Grenier LLP in Washington. The criminal case and acquittal, decided on the standard of beyond a reasonable doubt, would be irrelevant to the civil case under Florida law, Grenier said.
O.J. Simpson, who was acquitted of murder in the stabbing deaths of his ex-wife, Nicole Brown Simpson, and Ron Goldman, was order to pay $33.5 million after losing a wrongful-death trial.
Florida is a comparative-fault state, meaning jurors would weigh both Martins and Zimmermans culpability.
In Florida, wrongful-death suits claiming negligence must be filed within two years. There is no time limit for suits alleging intentional death. Most cases claim negligence so damages can be covered by the defendants homeowners insurance, Grenier said.
State Law
Individuals found to be justified in using deadly force may be immune from civil liability under Florida law. If the family sues and loses, it might be ordered to pay attorneys fees and compensation to defendants, according to state law.
Zimmerman would have to establish immunity in a separate proceeding, Tamara F. Lawson, a professor at the St. Thomas University School of Law, said in a phone interview.
In any potential subsequent civil case, the court would have to rule if hes entitled to civil immunity, she said.
Kendall Coffey, a former U.S. attorney in Miami, said Martins family can sue because Zimmerman didnt seek a hearing under the states self-defense law before he was tried.
[link:http://www.businessweek.com/news/2013-07-14/george-zimmerman-s-acquittal-sparks-talk-of-lawsuits-u-dot-s-dot-probe|
niyad
(113,581 posts)brooklynite
(94,738 posts)I'm not being facetious; if SYG is State Law, how do you prove the death was wrongful on a legal basis?
customerserviceguy
(25,183 posts)George Zimmerman is not OJ Simpson. Besides, the trial would be in Florida, and the OJ civil suit was in California. The outcome is likely to be significantly different.