Let’s just skip over the legal, political, and economic factors (such as that over half the prisoners in the US are NOT in jail for violent crimes; they simply unwillingly support the Big Business of busting, adjudicating, and incarcerating people for an increasing number of nonsensical reasons which amount to “crimes” against themselves or against no one, or even against an over-reaching establishment hell-bent on depriving citizens of their Constitutional rights) and get to the heart of the matter.

The couple failed to defend themselves with deadly force against deadly force. Had they done so (which many here consider both a right AND a responsibility), this would have been a far less interesting story and we wouldn’t be wasting our time discussing it.

no argument from me.

Nope, not the only one! And by the looks of his face he is into meth on top of it.

No Joyce. that jury was not like you and me, that jury was 12 VERY STUPID people aiding one of their own kind,

Actually, she didn’t spill the coffee. The coffee was so hot that it melted the styro cup it was in that she had placed between he legs. Now, personally, don’t most cars come with cup holders? I don’t recall ever going through a drive through and then taking my beverage and putting it between my legs to hold it….but then again, I don’t eat at places like that.

Actually, the lid popped off when she placed the coffee between her legs, the cup didn’t melt! Coffee is suppose to be hot, anyone should have better sense than to place a cup of HOT coffee between their legs!

I saw nothing in the article which said that any judge had even looked at this case. Anyone can file a lawsuit, that doen’t mean it will go anywhere. When it comes before a judge it is evaluated for its merits and then it is acted upon either favorably or unfavorably. This case, when looked at should be thrown out as a frivolous case.

Thank you! My points exactly. The County Clerk’s office in the county this was filed has to accept any and all filings… it is not their position to determine which lawsuit has merit or not. The judge that is assigned to the case (by the County Clerk) will determine whether there is any merit to the lawsuit, and act accordingly. The likelihood of any lawyer before the bar of the state of Kansas is representing this idiot is slim to nothing, and more than likely, filed by the idiot himself, either as a jailhouse lawyer, or fellow inmate who fancies himself a lawyer. MOST lawsuits that are filed by inmates while incarcerated, because they are determined to be frivolous by the judges assigned to them, are dismissed for lack of merit before they even get to the first hearing. And even if this DID get before a jury for a hearing and judgment, I hope that the jury of 12 would realize that this idiot deserves nothing and recommends that the couple be fully compensated for THEIR pain and suffering at the hands of this idiot. That’s what the couple ought to do… counter-sue in civil court against this idiot. They would likely get a substantial award on that basis, but good luck collecting anything from the idiot.

Dalek you remind me of me.not only is the judge liberal. he is allso STUPID. but then that is a good description of all liberals, he still should be removed from the bench and dissbarred,

What judge? Read the article again before you go yelling about a liberal judge. All it said was that this dummy has FILED a lawsuit, which anyone can do. It probably won’t get past the first review of it. It’s just a waste of paper, time and effort.

dalek – Not only can the criminal sue, but if the criminal dies during his criminal activity (home owner kills burglar) the criminals family can sue the victims (homeowner)for loss of income from the burglars illegal enterprises. Society is sick and only getting sicker. Also, those criminals who sue, get to do so free as most are considered indigent. This means that our tax dollars are paying to represent this wacko. While the actual victims ring up a large legal bill defending themselves against the criminal.

Patty – Just a thought… Wouldn’t entering into a contract with a criminal during the act of commiting a crime, and covering for him later, be called ‘aiding and abetting’?

Kate – a nut comes into your home – what with a knife I think they said…odds are good you’d say “sure” to what he asked as well. I’m guessing I would have agreed to his oral contract if I thought it would get him the hell out of my house till I could do something “real” about the situation.

libertytrain – No kidding! It was a tongue-in-cheek comment.

Seriously though, the perp is suing them for breach of contract, or going back on their word (of course it’s ridiculous). But, in some insane scenario where a judge takes this seriously, could not the argument be made that for the couple to honor such an agreement would make them complicit in a criminal act?

Of course anyone would agree to anything in such a situation. The whole thing is absurd. But if one is going to contemplate the absurd, there can be several facets to it.

Gosh, sorry, I’m usually up on that but been a tough couple weeks -

You are right. One of the requirements of a valid contract is that the subject matter be legal. Hiding, or aiding and abetting, a fugitive is not legal and hence, there was no valid contract. This should be thrown out of court immediately.

This case is not without precedent of sorts.

There was the guy who fell through a skylight while attempting to break in. There have been others who were injured during the commission of similar crimes who sued…AND WON.

Nothing makes sense anymore. Criminals are protected and victims are persecued. Makes you long for the old days when victims were just ignored.

It will be interesting to see if this goes anywhere.

Lawlessness abounds.

I think the main word here is “verbal” … can you prove verbal…I don’t think so. At one time in this country many, many years ago when people were basically honest, a verbal contract was honored….not anymore. Why in the world would a court even allow such a frivilous lawsuit to be filed….the attorney needs to join his client. Thank God, Texas just passed the “You Pay” tort reform. For years, blood sucking attorneys were suing people who had insurance for anything, because they knew the insurance companies would not go to court because of the expense, plus even if the insurance companies won, they still could not collect their expenses from the plaintiffs…it was a scam. Now, under the new law, you file suit against someone, if you lose, you now have to pay the court costs and attorneys fees of the defendant. Now, the insurance companies can go to court with their clients, because now, if the plaintiff loses, the plaintiff has to pay all of the defendant’s court costs and attorneys fees. This will, in turn, cut the costs of insurance.

Mark up a good one for Texas,

I am searching the archives for the highly technical legal term for this attorney….. Oh, ya…. worthless unethical piece of crap.

I think that the main word here is criminal. This worthless excuse for a human needs to shut up and do his time for being a criminal. He should count his blessings that he is still alive, and hopefully learn from this experience, to behave in the future.

Dave. I dissagree. the intruder should get something. twenty more years at hard or. and I do agree any lawyer who takes his case against these people should be dissbarred and fined a hundred thousand dollars. the money to be given to the couple for the actions of this SCUMBAG and the lawyer,

The police should have shot him a few times and made sure he was dead.

If this gets into a courthouse door, then our country is totally screwed up. The lawyer for this reprobate should be brought up on charges of filing a frivolous lawsuit and fined a couple hundred grand.
If it gets beyond the front pages of the newsprint then I hope the family counter sues the lawyer, because they won’t get anything out of the criminal.

The VICTIMS should have shot him before the police even arrived. And you still wonder why people should carry a gun in their own home?

The man should have had a gun handy and put a bullet betweem the man’s eyes, that saves the tax payers so much time and money… just sayin’