Post by: SomeKid on March 19, 2008, 08:57:21 PM
http://www.chattanoogan.com/articles/article_124210.asp
Quote
Appeals Court Rules For Jessica Smith In Suit Against UT
posted March 19, 2008
The Tennessee Court of Appeals has ruled in favor of Jessica Smith of Hixson, who sued the University of Tennessee after she was beaten in the head with a brick on the UT campus in 2002.
A Claims Commission awarded the maximum $300,000 to Ms. Smith against the university on grounds there was inadequate lighting and security.
Click to learn more...
UT appealed the decision to court, claiming it provided adequate security and had given safety warnings to students.
Ms. Smith was returning to campus from work when she was attacked by Christopher Jesse Gann.
During an apparent attempt to steal her car, he hit her in the head with a brick, then chased her and hit her several more times.
She suffered brain damage from the attack.
posted March 19, 2008
The Tennessee Court of Appeals has ruled in favor of Jessica Smith of Hixson, who sued the University of Tennessee after she was beaten in the head with a brick on the UT campus in 2002.
A Claims Commission awarded the maximum $300,000 to Ms. Smith against the university on grounds there was inadequate lighting and security.
Click to learn more...
UT appealed the decision to court, claiming it provided adequate security and had given safety warnings to students.
Ms. Smith was returning to campus from work when she was attacked by Christopher Jesse Gann.
During an apparent attempt to steal her car, he hit her in the head with a brick, then chased her and hit her several more times.
She suffered brain damage from the attack.
So, here is what I am thinking. If we get injured in a place we cannot legally protect ourselves, would it not be a good strategy to sue using this as precedent citing lack of security to provide safety for us? After all, if we are unarmed, there is a reasonable expectation we will be safe and have safety provided by whoever runs the CPZ?
What do y'all think of suing when injured because we were forcibly disarmed and in a CPZ?
Post by: Finch on March 19, 2008, 10:38:48 PM
Post by: HankB on March 20, 2008, 03:40:30 AM
Quote
UT appealed the decision to court, claiming it provided adequate security and had given safety warnings to students.
Demonstrably false on its face, considering what actually happened. Moreover, a mere "warning" is unimportant, since policy prevents students from proactively taking the most effective steps possible to provide for their own safety. Quote
I would have been a lot happier if the damages were awarded because they prevented her from having the means to protect herself.
When policies specifically prevent persons from carrying concealed weapons - even if licensed by the state to do so - it is reasonably forseeable that the person is at increased risk. So by establishing a victim disarmament zone, the policymaking body is, in effect, assuming responsibilty for every person's safety. If any person subsequently is the victim of an attack, it is entirely reasonable to conclude the policymakers failed in their responsibility, and ought to be held accountable for their failure - including financially accountable.Allowing people licensed by the state to carry weapons does not increase the school or businesses liability, as they are merely recognizing a license issued by the state.
Post by: Manedwolf on March 20, 2008, 04:03:37 AM
Concealed means concealed.
Post by: zahc on March 20, 2008, 05:29:59 AM
Post by: Manedwolf on March 20, 2008, 05:31:50 AM
In some states (such as the great state of TX ttbomk), it is actually quite illegal to carry in campus builldings, and that unfortunately includes research facilities, faculty, staff, and graduate students. You say 'if the student has a permit...' like it changes anything, but in some cases, it doesn't. Or it makes it worse.
Concealed means concealed. Students carry backpacks.
I'm sure lots of students, right now, would rather be illegal and alive if they had to use the thing.
Post by: Werewolf on March 20, 2008, 09:53:26 AM
Post by: zahc on March 20, 2008, 10:48:22 AM
In some states (such as the great state of TX ttbomk), it is actually quite illegal to carry in campus builldings, and that unfortunately includes research facilities, faculty, staff, and graduate students. You say 'if the student has a permit...' like it changes anything, but in some cases, it doesn't. Or it makes it worse.
Concealed means concealed. Students carry backpacks.
I'm sure lots of students, right now, would rather be illegal and alive if they had to use the thing.
You said 'the campus rules' and said 'if a student has a permit....' which to me carries the implication of a penalty reduction stemming from such a permit. In some places (MT, Utah, Virginia Tech) that is the dynamic in place--campus rules, but not laws, restrict carry.
This is a distinctly different situation than that in other states (OH, TX) where it is quite illegal to carry on a campus (or in TX, in campus buildings) regardless of your permitted status. I was merely trying to elucidate the distinction.
I agree that students often carry backpacks, but if you spend a little bit of time around my workplace, which consists entirely of graduate students, faculty, and technical staff, you won't see many. It bothers me that these discussions always seem to center on college scenes, and disregard the fact that the rules apply equally to graduate schools and research facilities that are entirely populated by professional-age adults but nominally affiliated with a university.
Post by: HankB on March 20, 2008, 10:51:24 AM
What the heck is a CPZ?
My guess is Criminal Protection Zone . . . though I usually use the term "victim disarmament zone" myself.
Post by: Sergeant Bob on March 20, 2008, 11:00:39 AM
What the heck is a CPZ?
Its a lot like a GFSZ, or a NCCAPGA.....
