Trayvon Martin's Parents Settle Wrongful Death Claim (Against Homeowner's Association)

[Hissyspit]

Source: Orlando Sentinel

Trayvon Martin's parents settle wrongful death claim

By Rene Stutzman, Orlando Sentinel
12:30 pm, April 5, 2013

SANFORD - Trayvon Martin's parents have settled a wrongful death claim for an amount believed to be more than $1 million against the homeowners association of the Sanford subdivision where their teenage son was killed.

Their attorney, Benjamin Crump, filed that paperwork at the Seminole County Courthouse, a portion of which was made public today.

In the five pages of the settlement that were available for public review, the settlement amount had been marked out. Lower in the agreement, the parties specified that they would keep that amount confidential.

When asked during an earlier interview whether the amount was higher than $1 million, Crump said: "I have no comment on that subject…I know you did not get that from me."

Read more: http://touch.orlandosentinel.com/#section/-1/article/p2p-75229786

[Tempest]

1. Zimmerman is next

After is conviction, the Martin's will have an easy time with their wrongful death lawsuit against Zimmerman.

JUSTICE FOR TRAYVON.

[srican69]

2. the lawyer get 350 K , the government another 200K

the parents can expect between 400 -500k when all is said and done.

But I am sure they would prefer their kid for 100 times this amount.

[JimDandy]

4. I thought jury awards and settlements like this were non-taxable. n/t

[juajen]

7. You're right. Not taxable, but if former taxes are owed.

that can be collected.

[JimDandy]

3. Wonder what the Martin's arguments were

as far as how the HOA could have been liable? Was Zimmerman's role as head of the Neighborhood Watch under the HOA's umbrella? Did they give the Neighborhood Watch funds, office space or equipment? I know a civil wrongful death case has a much lower bar than a criminal case but doesn't there still have to be proximate cause and all the other tests for liability?

What say you, DU lawyers?

[geek tragedy]

5. More like "do you really want this to drag out

and go before a jury" than any specific legal argument.

[JimDandy]

6. That's a reason to SETTLE... What did the Matins give as legal arguments to sue?

Anyone know off hand?

[Tempest]

11. Nonsense

The legal argument was in the lawsuit and I also posted on the specifics below.

[Tempest]

8. Zimmerman was the de facto association watch captain

The association recognized him as their watchman by holding training sessions with the Sanford police, by alerting residents of his position and by meeting directly with Zimmerman to discuss issues at the complex.

[JimDandy]

10. That explains a lot. Thank you! n/t

[Tempest]

12. The information is in the discovery documents entered into record

In the Zimmerman murder trial.

[Tempest]

13. Also...

The association told GZ not to carry a weapon and there is direct evidence they knew he was doing so without attempting to rectify the situation.

[JimDandy]

30. This certainly sounds like the HOA looked on

Zimmerman as their "agent", as described in the legal definition provided below. Good the HOA settled, because if I were on the jury, these would have been persuasive arguments to assign them some fault.

[struggle4progress]

9. What the Trayvon Martin Case Can Teach Associations:

8:19 a.m. EST, September 27, 2012
Blog Sponsored by Taylor & Carls, P.A.

... A well-established legal concept is respondeat superior, which literally means “let the master answer”. Respondeat superior provides the basis for a principal to be held responsible for the wrongful acts of their agent when those acts are performed within the scope of the agent’s duties. For example, ABC Homeowners Association could be held responsible when their employee handyman negligently floods a condominium unit while working on the building’s plumbing.

It is important to note that there are two elements required for respondeat superior liability: (1) that the person performing the wrongful act be the agent of another and (2) that the wrongful act occurred while the agent was acting within the scope of the agent’s duties. Thus, to be successful under this legal theory, Trayvon Martin’s family would be required to convince a judge or jury that George Zimmerman was the homeowners association’s agent and that he was acting within the scope of his duties at the time that he shot and killed Trayvon Martin ...

The third element; the principal’s control over the actions of the agent, should not be overlooked. The general concept behind respondeat superior liability is that a principal generally controls their agent’s behavior, and therefore the principal should be responsible to the public for the agent’s actions while the agent is under the employer’s control.

While it is not helpful to the association to have labeled George Zimmerman as the “Captain” of the neighborhood watch and to direct homeowners to contact him, that is not the sole factor in determining whether George Zimmerman was actually the association’s agent. There must also be a finding that the association exerted some control over his actions in order for an actual agency relationship to exist and for the association to be liable for his actions ...

http://articles.orlandosentinel.com/2012-09-27/news/os-what-the-trayvon-martin-case-can-teach-associations-20120927_1_george-zimmerman-trayvon-martin-agent

[Blue_Tires]

16. I'd also hope it would teach HOA

not to treat every black man they see on the sidewalk as hardened criminals...

[Tempest]

17. It'll also teach associations not to let their liability insurance lapse

The association is paying out of their own pockets.

On edit: Not completely out of their own pockets apparently. The judge is making the insurance company (not of record at the time of the shooting, which I don't understand) pay part of the settlement.

[Sen. Walter Sobchak]

35. I don't think many liability policies would cover the actions of a crazed gunman

[AAO]

23. When did taking a stroll become crime? Or something suspicous, or up to NO GOOD!?

[JimDandy]

33. Death by being black

is how some people describe these kind of murders. It was so horribly senseless. I look at his face and just want turn back time to wrap my arms around him and protect him. So sad.

[Sunlei]

14. The HOA probably had insurance coverage and just settled.

[Tempest]

15. Wrong

The association allowed its insurance to lapse. They weren't covered.

All this information is part of the discovery documents in the Zimmerman murder trial and is available on-line.

[Sunlei]

18. well then they settled because they would lose everything if that issue went to trial.

Was the HOA also the controling BOD over their one room, 'police department'? The police who closed the case before they even took a look at the kids cellphone?

They were wise to settle.

[Tempest]

19. The entire case stinks to high heaven

Between the association attempting to shirk its responsibility (one they created), the Sanford police botching the case, the state attorney who refused to press charges and the Zimmerman family maligning Trayvon in public it's been a clusterfuck.

[Tempest]

20. By settling, the association shows no confidence...

In Zimmerman's self-defense claim.

[Tempest]

21. The association has opened itself up to lawsuits from residents

Residents complained about Zimmerman's aggressive and intimidating tactics used against them.

[Hassin Bin Sober]

25. I don't know how that would work.

I guess a couple owners can sue and go after what is left of the insurance policy, if any.

At that point, it would behoove all the other owners to file suit and join the party - suing themselves.

Can the officers be held liable? Maybe they can be squeezed. But I doubt there is much left.

Like I told my neighbor when she threatened to get an injunction against us regarding a dispute over the deck the association was building on our six flat condo building - she threatened me by saying it would cost more to defend the injunction than do it HER way so we might as well do it her way. I said fine, get out your check book because we will do a special assessment to defend your injunction seeing we just spent all our reserves on a $30k porch/deck.

[Tempest]

27. The residents are renters, not the homeowners

The HOA knew of GZ's harassment and did nothing.

[Tempest]

22. "I can see why they won"

The neighborhood subdivision are civilly responsible for negligence in allowing Zimmerman unsupervised to patrol, even after repeated complaints and fear from residents.

- Jun, Leatherman site

[defacto7]

24. It's a start. Only a start. n/t

[JI7]

26. now hopefully that Thug will end up in prison

[Tempest]

28. I'll go on a limb and say the case is a slam dunk.

I've reviewed all the discovery documents and read analysis from multiple lawyers.

The case will practically make itself. The sheer number of inconsistencies in Zimmerman's multiple stories, the physical evidence and the DNA evidence will convict him.

Even I could present the evidence in a way which would convince the jury of his guilt.

[JI7]

29. depends on the make up of the jury, remember the casey anthony case

and if the defense gets lucky with putting some racists on the jury evidence wont matter.

just look at how people even on DU defend him.

[Tempest]

31. There was no direct evidence in the Anthony case

Tying her to the murder. It was all circumstantial.

There's tons of direct evidence in this case.


"just look at how people even on DU defend him"

I'm glad I missed that. I would have reamed them a new asshole just using the evidence. And I'll bet you $10,000 not a one of them have reviewed the evidence. It's a problem dealing with the GZ apologists over at HP.

[cosmicone]

34. I have not seen anyone on DU

defend that asshole GZ.

I am really glad I missed seeing that if it happened.

[LoisB]

32. Whatever the amount, it's not "enough".