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  #1 (permalink)  
Old 09-January-2008, 08:11 PM
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Default drug addict sues dealer

http://www.ctv.ca/servlet/ArticleNew...0109/20080109?

Quote:
A Saskatchewan woman who overdosed on crystal methamphetamine has successfully won a precedent-setting civil lawsuit against the drug dealer who sold her the highly addictive drug.
what are your thoughts on this? i wonder how hard it will be to collect on the judgement.

i wonder if i can sue the cocoa cola company for physical and mental harm from my *coke addiction?


* 8 days sober and counting.
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Old 09-January-2008, 11:13 PM
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i wonder if i can sue the cocoa cola company for physical and mental harm from my *coke addiction?
If you can find a "cocoa cola company," you can give it a try. Personally, I'm amused by this, but I'm not sure it's a good idea. (And shouldn't the dealer be, you know, sent to prison if there's enough evidence to sue him?)
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Old 09-January-2008, 11:24 PM
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Wow---this just might solve America's 'drug problem'!
>runs to enroll in law school while humming Zevon's Lawyers, Guns and Money...<
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Old 09-January-2008, 11:40 PM
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(And shouldn't the dealer be, you know, sent to prison if there's enough evidence to sue him?)
Not necessarily. Look at OJ Simpson - he got off on the criminal charge, but lost the lawsuit.
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Old 10-January-2008, 02:03 AM
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Not necessarily. Look at OJ Simpson - he got off on the criminal charge, but lost the lawsuit.
True that, but if there's an eyewitness willing to testify . . . .
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Old 10-January-2008, 03:20 AM
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Why are judges continuing to feed the "I have no personal responsibility nor intellect" mentality?

These lawsuits are so ridiculous it's insane, yet these people just keep winning them.

I'm going to round up all these judges and sue them for severely damaging the Mental State of America.
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Old 10-January-2008, 09:18 AM
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=MrB398;1148647
what are your thoughts on this?
Idiotic judges seem to be an international problem.
After all, the problem isn't that "she" filed the lawsuit, but that the judge really granted her the money.
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Old 10-January-2008, 09:36 AM
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Originally Posted by Gillianren View Post
(And shouldn't the dealer be, you know, sent to prison if there's enough evidence to sue him?)
See, that's just it. She had to prove that the dealer intentionally inflicted physical and mental suffering. Of course, she didn't have to prove that because...

Quote:
An unknown drug supplier, referred to as John Doe, was also named in the suit. Davey refused to name his alleged supplier during court proceedings, prompting a judge to strike his claim of defence. Without a claim of defence, Davey effectively admitted his liability in the case leaving Bergen's suit unopposed.
.. the dealer refused to squeal on his supplier. Case closed.
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Old 10-January-2008, 12:11 PM
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Quote:
An unknown drug supplier, referred to as John Doe, was also named in the suit. Davey refused to name his alleged supplier during court proceedings, prompting a judge to strike his claim of defence. Without a claim of defence, Davey effectively admitted his liability in the case leaving Bergen's suit unopposed.
Hold on a sec. How could this Davey character be compelled to name his alleged supplier? Wouldn't that be an inherent violation of "self-incrimination", in that if he names a drug supplier, he's admitting he's a dealer?

I didn't think you could be compelled to testify against yourself, even in a civil matter.
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Old 10-January-2008, 01:11 PM
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Idiotic judges seem to be an international problem.
After all, the problem isn't that "she" filed the lawsuit, but that the judge really granted her the money.


Very often, I can't help but conclude that a high percentage of judges are just failed lawyers with enough political connections to get put on the bench.
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Old 10-January-2008, 01:15 PM
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I'd be willing to bet that the case had a lot more to it than they are reporting.
This statement...
Quote:
Feelings anxious about her testimony in an upcoming sexual assault trial, one in which she was the victim, Bergen smoked crystal meth with Davey at his grandmother's house.
...makes me think that there was additional factors other than the fact that he was the dealer.
They don't say anything about her knowledge of the dangers beforehand (well, duh, drugs is enough for me) or if it was her first time, or if she was pressured. She could have been led to believe that it wasn't addictive.

Now; I'm not relieving any blame on her part, but civil suits are not about right or wrong, but are about levels of wrong, and she may have had enough to show he was more wrong than she was.

If she included the manufacturer of the pseudoephedrine, then, I would say that she has no merit.
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Old 10-January-2008, 03:04 PM
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Quote:
Originally Posted by Larry Jacks View Post
Idiotic judges seem to be an international problem.
After all, the problem isn't that "she" filed the lawsuit, but that the judge really granted her the money.


Very often, I can't help but conclude that a high percentage of judges are just failed lawyers with enough political connections to get put on the bench.
Sometimes not even that. In many places, becoming a judge merely requires getting your name on a ballot and getting enough people to vote you in. Especially at the lowest levels, there isn't even a strong requirement to be familiar with the law.
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Old 10-January-2008, 06:18 PM
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Sometimes not even that. In many places, becoming a judge merely requires getting your name on a ballot and getting enough people to vote you in. Especially at the lowest levels, there isn't even a strong requirement to be familiar with the law.
And oddly enough, this is the proposed solution to stupid judges where judges are appointed. Because, we all know people are smart and only vote for other smart people, right?
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Old 10-January-2008, 07:05 PM
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And oddly enough, this is the proposed solution to stupid judges where judges are appointed. Because, we all know people are smart and only vote for other smart people, right?
Does seem a bit counter-intuitive.
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Old 10-January-2008, 10:17 PM
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I can see it now in the headlines.

Addict Sues Dealer

A few days later,

Lawyer and addict found dead
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Old 11-January-2008, 08:02 PM
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Sometimes not even that. In many places, becoming a judge merely requires getting your name on a ballot and getting enough people to vote you in. Especially at the lowest levels, there isn't even a strong requirement to be familiar with the law.
Yup. Where I live, a 1-year law student ran for Judge a couple of years ago. Don't have the stats, but fortunately she didn't win.
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Old 11-January-2008, 08:20 PM
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Well, I don't see why you shouldn't be able to find some civil liability from the dealer. And you know they gots da mad cash, dawg!
Seriously though, I wouldn't think it's a great idea to provoke a dealer...they're not typically the most gentle and forgiving people around. Besides, depending on her habit, she'll probably just use the money to buy more drugs anyway...(I know, unfair assumption).
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Old 11-January-2008, 08:32 PM
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Perhaps rapists will soon be able to sue their victims for wearing short skirts.

clop
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Old 11-January-2008, 08:35 PM
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Perhaps rapists will soon be able to sue their victims for wearing short skirts.
clop
A criminal suing a ciminal would probably go a lot better than a criminal suing a victim**. Besides, civil cases are still decided by jury, and I don't think any jury would side with a rapist against an innocent victim.

**ETA: Not that that hasn't happened before.
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Old 12-January-2008, 01:33 AM
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Originally Posted by Noclevername