I don’t know the full details of the case. Interested to hear what @Scott Card and all you sleuths think.
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The McCluskeys’ legal action comes “as a result of the university failing to protect student and daughter Lauren McCluskey,” according to the statement.
The family says Lauren called University of Utah police over 20 times leading up to her death.
https://www.ksl.com/article/46582490...ersity-of-utah
Thanks for asking. I read the article, but it is void of any helpful facts. I have filed cases against government entities many times. One hurdle that will be substantial in this case is governmental immunity. That will likely be the first motion filed by the state, that is to dismiss the suit due to governmental immunity.
I would imagine that some sort of negligence claim has been filed based on the article. The theory is that the government has a (1) duty of care owed to Lauren McCluskey, (2) they breached that duty by failing to properly act on the many complaints made by Lauren. (3) But for the breach of that duty, the murder would not have happened; and finally, (4) the murder was foreseen given the breach of the duty to act on the complaints. If the plaintiff can prevail on those four elements then a jury will determine the final prong of proof for negligence - damages, which would be a big BIG number.
This will be an interesting case to follow. I've personally done very large cases including trucking accidents, suing airlines, hotels, government entities, and virtually every insurance company, but I have not pursued this type of theory in the past. I did, while in law school, work on a very large police brutality case against L.A. County Sheriff's Dept. that resulted in an $23 million dollar plus verdict, but that was a beating case. So we wait.....:popcorn:
Thanks Scott! It will certainly be interesting to follow.
Quote:
Originally Posted by Scott Card
Rodney King?
Can't we all just get along...?
This case. I was a law clerk for Mardirossian and Associates - a boutique personal injury firm in LA in the early 90's.
https://www.latimes.com/archives/la-...810-story.html
I was, however, living in L.A. during during the Rodney King riots. Scariest time of my life. I don't ever want to do that again.
Yes, those riots were something else. I remember watching it unfold on TV...that truck driver having his head smashed with a cinderblock, the place burning for three days. I lived in north Orange County, but I could see the smoke from my roof.Quote:
Originally Posted by Scott Card
A year later I sold everything I had and came to Denver...I left L.A. because of those riots.
By day three of rioting, my wife and I were surrounded by fires. The smoke was so thick and the sky was so dark that the street lights were on during the day. We moved to Glendale so we could get closer to the epicenter of the Northridge earthquake. :haha:Quote:
Originally Posted by twotimer
The parents of Lauren McCluskey sued the University of Utah for $56 million on Thursday, alleging the school failed to protect their daughter despite her calling campus police more than 20 times for help before her murder.
"Lauren's death was preventable and the murder occurred because of the University of Utah's repeated failure to respond to Lauren's multiple and continuing pleas for help," said Jim McConkie, a Salt Lake lawyer representing the McCluskeys.
https://www.ksl.com/article/46583135...ersity-of-utah
If only her attacker would have worn a MAGA hat, the swift response from campus police may have saved her life.
Man who loaned gun to Lauren McCluskey’s killer sentenced to 3 years supervision
In pleading guilty in June, Vogel admitted to illegally buying a handgun at a Salt Lake City store on Sept. 8, 2018. Because Vogel was afraid he wouldn’t be able to buy the gun that same day due to his military background, he gave 24-year-old Sarah Emily Lady money to make the purchase for him, and she filled out a form claiming she was the one buying the gun, according to the plea agreement. Once they were outside the store, Lady handed the gun over to Vogel.
https://www.ksl.com/article/46636596...rs-supervision