Thank you for the compliment.
Nothing prior to the incident of February 26th would have provided any indicators to members of the HOA of any problems with Zimmerman being a member of the NW. The NW was established in the community because a group of residents went to the HOA and requested it be setup in September 2011 - just 5 months before the shooting.
There would be no legal basis for a case of negligence against the HOA for sanctioning a NW within the community. The expectation would be that all members of the group would attend the training and follow the policies and procedures described to them by the Sanford Police. The only way the HOA would be negligent is to allow someone to lead the organization who demonstrated a history of not following the NW rules. Prior to the 26th of February, not such pattern had been established.
There is only one reason to file a suit against the Retreat at Twin Lakes community as a whole - that being the perception that the RTL community had deeper pockets then the Zimmerman's as individuals with the hope of getting more cash. Even if such a suit was filed (there is nothing from preventing a suit being filed). Such a suit would likely be dismissed at the first court hearing for two reasons: (1) lack of evidence of wrong doing on the HOA's part, and (2) the HOA would not be liable for an individual in the community - even if they were part of the NW - acting independently and in violation of NW policies and procedures.
Just MHO of course.
>>>>
He had a criminal record!
Actually he didn't, what we know about is that he had an arrest record, but the status of that arrest is "Dismissed". Now the public knows the details, but an HOA doing a background check would not have known that he submitted to a pre-trail intervention program for anger management.
A background check conducted at levels for the HOA would not have shown any convictions.
OK, lay it out, please show what evidence there is that the HOA had received complaints about Zimmerman or that Zimmerman had routinely broken the rules and policies of the NW organization and that the HOA had been made aware of it and failed to take action.
"acting independently" The HOA had him trained and told everyone "call George Zimmerman". No offense but why the nonsense here about acting independently. His negligence acts are their baby. [/QUOTE]
No the police department "had him trained", NW is their organization.
The dog analogy is the same here, you can not have a dog bite someone and then claim "I did not know he bit folk."
True, the owner of the dog is responsibile. NW is an organization administered through the police, not the HOA.
Zimmerman was their boy and he was negligent.
No way this suit will be dismissed as the defenses you cite are all jury questions, not summmary judgement as Motion For Summary Judgment is what dismisses a civil case IF a Judge rules favorably in it. Rarely do they win as a Jury is what decides negligence, never a Judge. Judges interpret the law, not facts of negligence.
Actually it would likely be dismissed the same way our case was when I was an officer on our HOA. Someone tried to bring a case of liability against us for an accident that had occurred on community grounds (we owned the roads at that time). Our lawyer presented a motion to dismiss because there was no history or act of negligence on our part and that the claimant had not presented any reasonable evidence to show such. Judge agreed - case dismissed.
Before a case is presented to the Jury, then the claimant must present a valid case under the law and show where they have evidence of their likelihood to succeed.
If Zimmerman pleads guilty watch for the first shot across the bow.
Again, if this is a plea or a guilty verdict all of that comes in and there are no issues for a Judge do dismiss it unless the STand Your Ground defense wins. Then by statute the Judge has to dismiss it.
I fully expect someone to file suit against the HOA, I doubt it will go anywhere though.
Re: SYG - If Zimmerman's case is dismissed under the provisions of Florida's SYG law, then Zimmerman would be immune from a law suit, true. However, the HOA would not have that same immunity, a claimant could still file suit - though I think it would be dismissed for failure to show a lack of negligence - by SYG wouldn't apply to the HOA.
>>>>[/QUOTE]
Respectfully, all the plaintiffs need as evidence is a dead body and they have it.
This is a WRONGFUL DEATH CASE. We have a death and Zimmerman was the HOA guy that shot him.
SYG applies to the civil statutes if he was deemed defending himself.
The individual, not the insurance company or entity gets sued and then the deep pockets get attached to that liability. Joint and several liability.
World, this is how it works in a negligence case. If you are negligent in a car accident or any tort YOU get sued, not the entity you were working for or insured by. They also get brought in but it is their indeminification of their "insured" that the plaintiffs are after.
If Zimmerman wins on SYG how could the HOA be liable in any way? They indemnify him and his actions were ruled not to be unreasonable. If SYG is ruled valid then Martin would have been ruled the aggressor and Zimmerman had a right to defend himself. No plaintiffs lawyer would touch it then.