- Dec 17, 2009
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Burden of proof for what, that it was more likely than not that Zimmerman fired the fatal shot? We know that he did.
Under Florida statute self defense confers blanket immunity. If the Martin family filed such a suit an immunity hearing would be scheduled and the judge would dismiss the case. But suppose the judge didn't and let the suit go forward. It would be dismissed at a Summary Judgment motion that basically says that the complaint is true. There are no triable issues of material fact and all of Zimmerman's actions were justifiable as a matter of law. There is no way the Martin family can win. The standards of proof don't matter. This isn't the OJ trial where the question was the identity of the killer.
Under Florida statute, when a civil suit is subject to an immunity hearing or summary judgment and the plaintiff loses they must pay for the defendant's fees, costs and damages.
This is all I am taking about, "Last nights not-guilty verdict in the George Zimmerman trial will enable the neighborhood-watch volunteer to resume his case against NBC News for the mis-editing of his widely distributed call to police", and thinking about the standard of proof. Geez....
George Zimmerman will get millions from NBC and they will settle out of court. There will just not be a civil suit from the Martin family.
I don't believe any of the money from his lawsuits will be figured in the lawsuit the parents file, even if they win. I'm fairly certain assets at the time of the incident are all that can be awarded. I could be wrong, or it could be state to state.