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Are Lawsuits Concerning Firearms Getting Crazy?  
User currently offlineEA CO AS From United States of America, joined Nov 2001, 13767 posts, RR: 61
Posted (10 years 6 days 9 hours ago) and read 992 times:
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Unbelievable!  Nuts

http://www.foxnews.com/story/0,2933,142213,00.html

Suicide Victim's Mom Sues Wal-Mart for Gun Sale
Tuesday, December 21, 2004

DALLAS — Near the end of her short life, Shayla Stewart (search), a diagnosed manic-depressive and schizophrenic, assaulted police officers and was arrested for attacking a fellow customer at a Denton Wal-Mart (search) where she had a prescription for anti-psychotic medication.

Given all those signs, her parents say, another Wal-Mart just seven miles away should have never sold her the shotgun she used to kill herself at age 24 in 2003.

Her mother, Lavern Bracy, is suing the world's biggest store chain for $25 million, saying clerks should have known about her daughter's illness or done more to find out.



Give me a break! It's like arguing that Wal-Mart shouldn't have sold someone doughnuts because they "knew" they were diabetic since they bought all their insulin there, too!  Insane

Lavern, we all weep for your daughter - but seriously, go crawl back under your rock.


"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan
16 replies: All unread, jump to last
 
User currently offlinePROSA From United States of America, joined Oct 2001, 5644 posts, RR: 4
Reply 1, posted (10 years 6 days 8 hours ago) and read 974 times:

Here is an interesting column, written from a conservative perspective, on the issue of gun-seller liability:

http://www.olimu.com/WebJournalism/Texts/Commentary/TortReform.htm

It's a few years old but probably still accurate.



"Let me think about it" = the coward's way of saying "no"
User currently offlineLowrider From United States of America, joined Jun 2004, 3220 posts, RR: 10
Reply 2, posted (10 years 6 days 8 hours ago) and read 971 times:

This is an example of one of the biggest problems facing American society today. Some people have a hard time excepting that the individual is ultimately responsible for thier own actions. It is an unpopular, uncomfortable, and potentially unfair reality. Too often today people are shielded from this. There is even a diet pill commercial that makes the claim, "Its not your fault you are over weight." Every time I hear this I want to scream, "Yes it is, you did it one cheesburger at a time." Unfortunately, I have no idea how to reverse the trend. I imagine that hundreds of years from now, it will be listed in the history texts as one of the problems that lead to the decline of not only the United States, but individual rights as well.


Proud OOTSK member
User currently offlineL-188 From United States of America, joined Jul 1999, 29840 posts, RR: 58
Reply 3, posted (10 years 6 days 7 hours ago) and read 961 times:

The sad part is that I would never buy a gun from Wal-mart because they feel they are so self important they impose their own additional restriction over the ones the feds unfortunately mandate.

This ladies daughter did something cruel and stupid, But she is the one that did it, nobody else.

Maybe mom should be suing her estate.



OBAMA-WORST PRESIDENT EVER....Even SKOORB would be better.
User currently offlineEA CO AS From United States of America, joined Nov 2001, 13767 posts, RR: 61
Reply 4, posted (10 years 6 days 7 hours ago) and read 959 times:
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Some people have a hard time excepting that the individual is ultimately responsible for thier own actions. It is an unpopular, uncomfortable, and potentially unfair reality. Too often today people are shielded from this.

Agreed! Another commercial (this one for an online lender) says, "A bank shouldn't come between you and your money," implying that evil banks are conspiring to keep you from getting something you're due - when in fact, it's NOT your money; it's THEIRS!. If you can't get a loan, it's because your credit sucks, and it's your fault - no one else's.

Just another example of advertisers pandering to the epidemic sweeping the nation - the absolution of personal accountability and responsibility for ANYTHING.



"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan
User currently offlineCfalk From , joined Dec 1969, posts, RR:
Reply 5, posted (10 years 6 days 7 hours ago) and read 955 times:

I love this anecdote form GW Bush's governor days...

"Bush walked in on a meeting to discuss one of those bills, then in draft form. The chief spokesman for the trial lawyers, Mike Gallagher of Houston, was present and took the opportunity to lobby the governor.

"You know, Governor," Gallagher told Bush, "I represent a dear friend of yours from West Texas, a gentleman by the name of Bobby Holt."

"Is that right, Mike?" Bush responded.

"Yes," Gallagher said. "In fact, we're discussing something that's near and dear to Bobby Holt's heart, and that is the law of joint and several liability."

The governor, looking straight into Gallagher's eyes, said: "You know, Mike, I've known Bobby Holt all my life. Grew up with Bobby Holt. One of my warmest, closest personal friends. "

Bush paused, then added: "[Expletive] Bobby Holt."


Priceless!

Charles


User currently offlineSpringbok747 From Australia, joined Nov 2004, 4387 posts, RR: 10
Reply 6, posted (10 years 6 days 6 hours ago) and read 933 times:

Wow, what a crazy woman. And...it will be even crazier if she actually wins..

This shows that this woman, Lavern Bracy does not care about her daughter's death, but merely wants to make a quick buck out of it. Really pathetic.




אני תומך בישראל
User currently offlineLogan22L From , joined Dec 1969, posts, RR:
Reply 7, posted (10 years 6 days 6 hours ago) and read 930 times:

Look, I'm not against gun ownership, and I sympathize with your misinterpretation of the second amendment. But what's wrong with a little accountability in terms of owning a gun?

There are far too many frivilous lawsuits these days: hot coffee at McDonalds, etc, etc. How come it's an issue to you now only when it involves guns? If over-zealous control must exist somewhere, I'd rather see it over gun ownership than hot coffee.

Logan


User currently offlineSpringbok747 From Australia, joined Nov 2004, 4387 posts, RR: 10
Reply 8, posted (10 years 6 days 6 hours ago) and read 923 times:

I sympathize with your misinterpretation of the second amendment.

So, could you please let us know the correct interpretation of the 2nd Amendment?

If over-zealous control must exist somewhere, I'd rather see it over gun ownership than hot coffee.

So, by controlling guns, do you stop people like Shayla Stewart from committing suicide?  Yeah sure





אני תומך בישראל
User currently offlineConcordeBoy From , joined Dec 1969, posts, RR:
Reply 9, posted (10 years 6 days 6 hours ago) and read 924 times:

.....getting crazy?

User currently offlineLogan22L From , joined Dec 1969, posts, RR:
Reply 10, posted (10 years 6 days 6 hours ago) and read 916 times:

So, could you please let us know the correct interpretation of the 2nd Amendment? LOL, Springbok, it was tongue-in-cheek! That said, the dependent clause "the right of the people to to keep and bear arms, shall not be infringed" exists only to follow "A well-regulated Militia, being necessary to the security of a free state." Thus, the right is keep and bear arms in order to support a Militia, as was necessary in the late 1700s.

So, by controlling guns, do you stop people like Shayla Stewart from committing suicide? Nope, never even alluded to that possibility. Don't even think about putting words in my mouth; they'll be vomited at your feet instantaneously.

Logan


User currently offlineSpringbok747 From Australia, joined Nov 2004, 4387 posts, RR: 10
Reply 11, posted (10 years 6 days 6 hours ago) and read 911 times:

Don't even think about putting words in my mouth; they'll be vomited at your feet instantaneously.

Huh?! I didn't understand what you meant there Logan. But I'm glad that we agree on one thing - banning anything will not stop people from using them...be it guns, or hot coffee or marijuana..or whatever.



אני תומך בישראל
User currently offlineEA CO AS From United States of America, joined Nov 2001, 13767 posts, RR: 61
Reply 12, posted (10 years 6 days 6 hours ago) and read 904 times:
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This ladies daughter did something cruel and stupid, But she is the one that did it, nobody else.

Exactly. Would she sue the makers of Tylenol if her chosen form of ending her life was to swallow four whole bottles of their product? Or the Walgreens she bought them from?

Perhaps she'd sue the local utilities if she'd hopped into her bathtub with a plugged-in toaster in hand instead?

This girl's suicide isn't the gun's fault, it isn't the manufacturer's fault, and as much as that company as a whole stinks on ice, it's certainly not Wal-Mart's fault either.

Anyone who thinks this woman has a valid claim here is either opportunistic, dazzlingly stupid, or both.



"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan
User currently offlineANCFlyer From , joined Dec 1969, posts, RR:
Reply 13, posted (10 years 6 days 4 hours ago) and read 895 times:

Guns don't kill people, people kill people - I know this is an old rhetoric, but it's valid.

I don't mind have some sort of weapons registration, but as for gun control, the only kind I believe in is the ability to hit the target with the first round. Now, that's gun control.

You can't blame the weapon, or the manufacturer, or the retailer, or the company that made the bullets. It's that simple.

Hey, EA_CO_AS, for once you and I are in complete agreement!


User currently offlineFalcon84 From , joined Dec 1969, posts, RR:
Reply 14, posted (10 years 6 days 1 hour ago) and read 873 times:

I feel with this sort of stuff like I did the tobacco laswuits: it isn't the fault of the gunmaker, or those who sell the gun. The fault lies WITH THE INDIVIDUAL.

Novel concept, eh?

We've become such a "blame someone" society, that we have to sue when we smoke too much; when we eat too many Big Macs; when our kids don't make the High School Vollyball team; when our kids are messed up by Heavy Metal Music; when someone uses a gun.

Personal responsibility, stupid. This lawsuit should be tossed before it goes to trial.


User currently offlineStevenUhl777 From , joined Dec 1969, posts, RR:
Reply 15, posted (10 years 6 days ago) and read 855 times:

I feel with this sort of stuff like I did the tobacco laswuits: it isn't the fault of the gunmaker, or those who sell the gun. The fault lies WITH THE INDIVIDUAL.

Holy shit, Falcon84! We actually agree on something! And on the gun issue, no less!  Laugh out loud First time for everything, I think.... Big grin

It all comes down to personal responsibility. That's the way I was raised anyway, and I think a lot of others, too...despite where you live. If I drive intoxicated and injure/kill someone or cause property destruction, it's not the fault of the Honda Motor Co. It's MY fault! It's amazing that so many people think they can avoid taking responsibility based on a technicality and try to win money on top of that. Pathetic.  Nuts


User currently offlineLH423 From Canada, joined Jul 1999, 6501 posts, RR: 54
Reply 16, posted (10 years 5 days 23 hours ago) and read 860 times:

I can see both sides of the issue.

With proper background checks, it's possible that her mental instability could have been discovered. However, as much as I disagree with the 2nd Amendment and feel she should have never been given such easy access to a gun, that's not the issue. The fact is, she got it and she inflicted the wound herself. It's her own fault that she's dead, and no one elses.

LH423



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