Claim seeks $100 million for child survivor of Connecticut school shooting

[undeterred]

Source: Reuters

By Mary Ellen Godin MERIDEN, Connecticut | Fri Dec 28, 2012 7:36pm EST

A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shooting that left 26 children and adults dead two weeks ago. The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.

Pinsky said he filed a claim on Thursday with state Claims Commissioner J. Paul Vance Jr., whose office must give permission before a lawsuit can be filed against the state. "We all know its going to happen again," Pinsky said on Friday. "Society has to take action."

Twenty children and six adults were shot dead on December 14 at the Sandy Hook Elementary School in Newtown, Connecticut. The children were all 6 and 7 years old. Pinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm."

Read more: http://www.reuters.com/article/2012/12/29/us-usa-schoolshooting-claim-idUSBRE8BS00L20121229

[Confusious]

1. Ah, jesus they're suing the wrong people. Nt

[undeterred]

2. And if the parents of the child survivor sue for $100 million

how much do the parents of the 20 dead children sue for?

[TheMadMonk]

7. I'll go you one better. Parents are more ghoulish...

...than the scam artists running fake charities.

That amount is obscene.

[undeterred]

9. Especially for hearing something over an intercom.

These children had some trauma but they were the lucky ones.

[csziggy]

15. Maybe it's the child who played dead?

And emerged covered in blood as the only survivor from her classroom. That's a whole lot more traumatic than hearing something over the intercom.

Sandy Hook Classroom Survivor Played Dead
By ABC News
Dec 17, 2012 11:50am

The lone survivor of one of the two Sandy Hook Elementary School first-grade classrooms where Adam Lanza allegedly shot and killed 20 children tricked the gunman by playing dead, the girl’s pastor said.

“She ran out of the school building covered from head to toe with blood and the first thing she said to her mom was, ‘Mommy, I’m OK but all my friends are dead,’” Pastor Jim Solomon told ABC News’ Lara Spencer this weekend.

More: http://abcnews.go.com/blogs/headlines/2012/12/sandy-hook-classroom-survivor-played-dead/

That child will have PTSD for the rest of her life.

[undeterred]

22. Then surely the suit would have mentioned that instead of the intercom.

[question everything]

40. Indeed. Just curious: how did they, or their attorney

arrived at the figure of $100 million? Countless therapy sessions? For the kid and the agonizing parents? And siblings?

Honestly, my first reaction was ambulance chaser.

[wordpix]

41. F-ing sue the gun manufacturers and NRA, not the state. I live in CT, I have to pay for the child's

trauma? The state did not cause the trauma, the nation awash in guns did, a madman did, Ms. Lanza who took her imbalanced kid shooting and left her guns around did. This kind of suit if it's allowed to go forward will bankrupt the state.

[jody]

3. Courts will answer "Is govt obligated to protect citizens in groups like Sandy Hook’s School?"

http://www.democraticunderground.com/10022038386

[robinlynne]

6. and how is this protection to happen? police? Society is unprotected, but it is not the

dept of education's fault....

[jody]

10. That's my question. nt

[robinlynne]

16. I'm with you.

[AtheistCrusader]

17. The courts have already answered this.

Gonzales vs. City of Castle Rock.
Gonzales vs. City of Bozeman.

(Different unrelated Gonzales's)

The school had normal, properly carried out lockdown procedures. The asshole shot up the locked door to gain entrance. What the hell could they possibly have done different? Build a school like Fort Knox?

[msongs]

4. ummm sorry but the killer is dead. toss this one out nt

[robinlynne]

5. the state? the NRA I can understand, but the state?

[MADem]

8. They're suing the STATE?

The shooter shot his way into the school; it's not like they left the door open so he could saunter in. Besides, that level of involvement isn't for the state to ensure; it's more a local issue.

Why not sue the ESTATE of the deceased, rather than the state?

Since it's determined that Adam Lanza killed his mom, he and the brother would have inherited that million dollar mansion and all of her worldly goods, unless mom cut him out of her will--they'd probably get a better payday there.

Of course, there are at least 26 other families that probably merit a piece of that pie, too.

I think "Irv Pinsky" might be an ambulance chaser--he certainly chases cheap forms of advertisement:

The banner appears because Irving Pinsky, a New Haven, Conn., attorney, arranges for it to be there through Mr. Boyette. "The outdoor part of the 'Today' show is like a block party in New York City," said Mr. Pinsky, who added that he tries to help friends by placing the sign.

http://adage.com/article/media/a-brand-nbc-s-today-show-free/134241/

On edit--he IS an ambulance chaser...and apparently, a local New Haven "character:"

By Fred’s reckoning, the most glaring omission from the deck was Irv Pinsky, a personal-injury attorney who offers free legal advice to pedestrians on his lunch break. “You know, if you think you might slip, or you might fall, give Irv a call,” Fred said. “Ever see those umbrellas that say ‘1-800-lawyers’? You dial that number and Irv’s phone rings, right here in New Haven.”

Read more: http://www.newyorker.com/archive/2006/03/13/060313ta_talk_mcgrath#ixzz2GP6dftWS

[davidpdx]

13. I hope this gets coverage on the news

The survivors and victims deserve restitution, but as you said the state is the wrong party to sue. It will probably never go to court, but if it did it would put the state in a financial mess.

It needs to be a class action suit against the gun manufacturers.

[MADem]

27. I saw the lawyer being interviewed on the regional news--he looks like a gadfly-flake.

Attention-seeking cheeseball. No shame.

[wordpix]

42. +100000 "It needs to be a class action suit against the gun manufacturers."

[davidpdx]

44. I was thinking much like in Runway Jury

With out the runaway jury of course....

[TorchTheWitch]

21. Adam Lanza inherited nothing - he died

The entire estate likely goes to the one surviving brother. Seeing as how Nancy Lanza was a VICTIM, and Adam being dead so unable to inherit just how does it come about that the Lanza estate could be successfully sued? The only Lanza family member guilty of anything is Adam who did not inherit his mother's estate (he's dead) and owned nothing of value himself at the time of his death. And as Nancy Lanza was a victim and guilty of nothing her estate is untouchable.

Believe it or not, Nancy Lanza is recognized as just as much of victim as any of the others in this incident by the townsfolk which she is. It's only the rag press and DU that has been victim blaming the mother.

[MADem]

24. He outlived his mamma--because he killed her. He would have inherited half her estate if he was in

the will, even if it was a momentary inheritance. They didn't die together in a horrible accident--Mom with the money died, and that money would have been distributed to her two sons, unless she had a will that said "Don't give the one that plays video games all day anything."

I am not "blaming" the mother though I do think she played an unintended and entirely preventable role in this tragedy. Who in their right mind brings a kid with a thousand yard stare and glaringly apparent socialization issues to shooting ranges in the woods and teaches them to operate semi-automatic weapons? Who in their right mind stores their weapons, unsecured, next to said adult child's basement lair? She wasn't thinking. Now, she'll never do that again.

Her status as a victim has been swept under the rug, but not just by the press or this little discussion board--she's left out of the body count in the town, too: http://www.huffingtonpost.com/2012/12/21/nancy-lanza-newtown-memorial_n_2344910.html

NEWTOWN, Conn. -- When people here speak of the massacre at Sandy Hook Elementary School, they use the number 26: the ones killed after Adam Lanza stormed his way into the school.

When the bells of Newtown toll mournfully Friday morning to honor the victims of last week's shooting rampage, they'll do so 26 times, for each child and staff member killed.

Rarely do residents mention the first person police said Lanza killed that morning: his mother, Nancy, who was shot in the head four times while she lay in bed....In a small town where multiple funerals are taking place each day, where black-clad mourners stand in lines waiting to say goodbye to another child, many are incredibly angry at Nancy Lanza for not keeping her guns away from her son.

...

[DeschutesRiver]

30. I believe CT has a statute that prevents a killer from inheriting from his/her victim.

Absent a conviction (which you can't get here because Adam killed himself too), the courts can determine if he would have been convicted and if so, disallow an inheritance is typically how it works where such statutes exist.

Some states have variations of Slayer statutes, some preventing the killer from inheriting and profiting from the slaying, and I think a few even prevent children of the killer from inheriting. Others handle murder suicides in ways that I find odd, so it depends upon the state.

If CT does have such a statute, then it wouldn't make any difference what her will said given the circumstances of her death.

[MADem]

33. Ahhhh....but was "the balance of his mind disturbed?"

Then he's not guilty by reason of insanity.

Your point is salient, though, as CT does have such a statute: http://www.cga.ct.gov/2009/ACT/PA/2009PA-00201-R00SB-01031-PA.htm

(C) In the absence of such a conviction or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity.

(D) In any proceeding brought under this subsection, the burden of proof shall be upon the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.

[UpInArms]

34. survivorship usually must be for 30 days to inherit,

in most cases

[MADem]

36. I'm the first to admit I don't know the CT law.

The Slayer thing could be a problem, too. I have read of cases where the decision as to where the money goes, though, depends on who died when, and in short order.

As someone else noted, this ambulance chaser could just as easily sue the estate of the dead mother for providing Junior with unfettered access to her guns. I think the guy is a vulture, myself...

[Jefferson23]

11. This lawyer has been disciplined by a state licensing authority.

State Citation type Year cited Last updated by Avvo
Connecticut Suspended 2003 06/20/2012
Connecticut Reprimand 1989 06/20/2012

http://www.avvo.com/attorneys/06511-ct-irving-pinsky-1449309.html#licenses

[lunasun]

18. bad news lawyer added to the mix - just not right

[MADem]

25. Creepy looking SOB--he was shooting off his mouth on the regional news this a.m. nt

[marble falls]

12. Money grubbing ghouls trying to score over the bleeding bodies of dead children and teachers.....

Shame, shame, shame.

[-..__...]

14. Better call Saul...

http://www.bettercallsaul.com/

[MADem]

29. Ha--too classy, Saul is! And better organized!

This lawyer comes off as a pale imitation! Here he is:

http://www.necn.com/12/29/12/Newtown-survivor-wants-to-sue-Conn-for-1/landing_mobile.html?blockID=818195&feedID=11106

[Lone_Star_Dem]

19. Suing for something which may well have saved their child's life. Wow, just wow.

My understanding is it was turned on while the shooter was with the principal in an attempt to warn the teachers, staff and students to what was taking place.

I hope they don't put this child through any more hell in their attempts to benefit financially from this tragedy.

[cthulu2016]

20. Ugh. Embarrassing.

[sendero]

23. Uh..

.... you will have to sue the Lanza estate, the school district is NOT CULPABLE in this incident.

Some people are just SO DAMN LOW.

[a11ig8r]

28. This guy is the very definition of ambulance chaser.

Are you kidding me???

[djean111]

31. He is going for the deepest pockets, hoping for a settlement.

I had always thought that one can't inherit an estate through murder, so no use suing the shooter.
But - if blame can be put on the mother, than the mother's estate can be sued before it is distributed.

[wordpix]

43. he's not going for the deepest pockets, teh deepest are the gun manufacturers and NRA. Bring THEM

to justice and to their knees, not the whole state of CT which is struggling in most quarters to survive the recession still hitting the state.

[bigworld]

32. So the parents didn't file this,

the lawyer did "on behalf" of them? Is that legit?

[LiberalFighter]

35. Lawyers can't sue on behalf of someone.

Unless they somehow have standing to do so. They need to have a client I believe. That client would have to have some connection as allowed by state law.

[dipsydoodle]

37. Kick

.

[leftyohiolib]

38. . headline should be "anonymous coward hires ambulance chaser to cash in on deaths of children"