GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #13

Status
Not open for further replies.
(in response to my post from this am about personal injury firm representing this case)


Again, I feel every time the other side opens their mouth or says something; it is shot down. Clearly there must be two seperate cases then. I specifically asked if the personal injury group was retained by family. It was not. These kinds of firms do grab onto cases like these in order to make monies.

Also, could the Telegraph be inaccurate in its reports? There have been many inaccuracies cited by the Telegraph, including LGs incorrect birthday, which was corrected later that day.

Please let all sides state points, observations etc. We all might learn something. :)
Sorry, GS. I cetainly didn't mean to shoot down your post. I might have misunderstood your post, though. So, if the family didn't hire the attorneys to settle the claim, then who do you think did? I've ASSumed one of her parents is the executor of her estate, but maybe I'm wrong.
 
I specifically asked if the personal injury group was retained by family. It was not. These kinds of firms do grab onto cases like these in order to make monies.

Okay now I am confused. Are you suggesting that personal injury attorneys can file lawsuits without a plaintiff that was somehow related to the victim and suffered damages as a result?

If that is what you are saying then every slightly suspicious death in Georgia would immediately have 500 lawsuits filed from every ambulance chasing attorney in the state? Seems that would clog up the court system just a bit. And who exactly would benefit from the settlements? The attorneys would just keep it all for themselves? They would get all of the insurance money and then when the victim or family tried to sue later they would simply be out of luck?
 
Okay now I am confused. Are you suggesting that personal injury attorneys can file lawsuits without a plaintiff that was somehow related to the victim and suffered damages as a result?

If that is what you are saying then every slightly suspicious death in Georgia would immediately have 500 lawsuits filed from every ambulance chasing attorney in the state? Seems that would clog up the court system just a bit. And who exactly would benefit from the settlements? The attorneys would just keep it all for themselves? They would get all of the insurance money and then when the victim or family tried to sue later they would simply be out of luck?

I'm unsure but the attorney said it was not family and led me to believe a personal injury firm was going after the apt complex. Can any lawyers weigh in? Can this happen? This lawyer made it seem like it can and does happen. I wish I could remember the name of the firm. It was said it is a good firm.
 
I'm unsure but the attorney said it was not family and led me to believe a personal injury firm was going after the apt complex. Can any lawyers weigh in? Can this happen? This lawyer made it seem like it can and does happen. I wish I could remember the name of the firm. It was said it is a good firm.

In order to bring a lawsuit, you have to have something called "standing". That means you have a stake in the matter and you were affected by whatever is underlying the lawsuit, such as being the one who was injured, or the injured person's family member.

A personal injury firm can't just file a lawsuit. They would have to be representing a plaintiff with standing.
 
In order to bring a lawsuit, you have to have something called "standing". That means you have a stake in the matter and you were affected by whatever is underlying the lawsuit, such as being the one who was injured, or the injured person's family member.

A personal injury firm can't just file a lawsuit. They would have to be representing a plaintiff with standing.


Would the boyfriend DV have such standing? If so, perhaps he is the one.
 
Good answer, Southern Comfort. Much shorter than the one I started to type out. lol But that's it in a nutshell. Attorneys represent plaintiffs and defendants. They can't sue on behalf of themselves.

State laws regarding who can file a wrongful death suit might vary somewhat, but usually it's a close family member. In Georgia, first a spouse, then a child (children), and when there is no surviving spouse or child, the decedant's parents can file a wrongful death suit. In the absence of a surviving spouse, child or parent, an executor for the estate can file suit on behalf of the next of kin.
http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html

It is true that personal injury attorneys will "grab onto" high profile cases for the publicity, and/or cases that promise a very large sum in damages to be awarded because PIA's are typically paid on a contingency basis. They don't require retainers, but collect fees and a percentage from the award.

The cases that attract PIA's are usually class action suits with a large group of plaintiffs, such as suits against pharmaceutical companies where many people suffer adverse effects from a prescription medication, product liability, and individual cases where a person is severely injured or dies as a result of some egregious act of negligence on the part of a large, wealthy business or public figure. Those are the cases with the big payoffs. The claim against the building owners doesn't fall into those categories. The initial demand is only $1M, and the final settlement will likely be less. Frankly, I don't even see the publicity from this claim as an enticement for a PIA firm.
 
It looks like Boni Bush the landlord shared the letter with the telegraph along with her letter responding to it. If the Telegraph actually got their hands on the letter/s then they wouldn't likely leave any "juicy bits of info" out of their article.

Me thinks those hairs are the closest thing to a "smoking gun" that the DA has. Sounds like the DA was telling the family "we got your man, don't worry, we found _____". Seems to me if you are going to share private info regarding evidence in order to compell an insurance company to pay you then you would share the best of it, not just "a little bit". If you were NOT going to share private info then you wouldn't mention any of it at all!

The last bit of the article in which they talk about a "cream white flip top trash can" with names of the law student residents including Giddings seems like extremely bad taste.

Somehow I don't think BB shared this with the Telegraph. It would seem more likely to hurt than help the apartment's side of the civil case... especially if they also are truly concerned with public appearances and backlash, as is pretty much stated.

I think their source must be elsewhere, and -- since they really don't give any clue or explanation as to how they received the info -- to me, this is no more substantiated (although yes, I believe such a letter probably exists), and probably much less significant, than coverage of reports that the bond-hearing-post is not genuine would have been, with sources that would have been available to the paper for that story.
 
She says NO key was lost.

http://www.macon.com/2012/04/24/2001930/blood-hair-found-in-refrigerator.html


There was discussion about the apartment's liability when it was revealed that McD was in possession of a master key. Obviously, at least to me, the owners bear some responsibility for failure to account for, and secure, a key that can unlock all of the doors in the complex, IF McD is found guilty, and it is shown in court that the key was used to carry out the crime (and I'm pretty certain that's not limited only to accessing LG's apartment). That seems to be the main issue. The non-working cameras, etc., etc., are just the usual padding.


Unlike the OJ case, it's not a wrongful death claim, but a civil liability claim. Nor is it going forward, per se. The letter is a proposal for an out of court settlement not predicated on McD's guilt or innocence. We've heard a little of the evidence so far, but not enough to make a fair prediction of the outcome. Pretty soon, we'll know of more, or the lack thereof, and the scales will tip. It's a gamble for both sides, and this is the appropriate time to make the offer while the odds are even. If you're the plaintiff's attorney, you write a big scary letter (which doesn't add up to much, as you've pointed out), with the objective to gain a settlement, sparing your clients the agony and expense of a trial down the road. If you're the defendant/insurer, you assess the risks and make a decision to wait it out, or agree to a settlement now to avoid further litigation, and potentially a hefty payout.

As for the Telegraph, I don't see any bias here. The issue isn't McD's guilt or innocence. It's whether the property owners are liable to LG's estate (heirs, family), and IMO, both sides are well represented in the article. :moo:

Thanks for clarification on the key. I read hurriedly first time around and it was confusing to me.

bbm: I do understand all this, it just still leaves an odd taste in my mouth. This is a part of the system that is just weird to me.

As for the Telegraph, I do see bias in their recent decisions. And I don't say that lightly. The current article is pretty much a non-story -- albeit with an eye-catcher headline. "Non-stories" are understandable in a case in which a large part of the public has hung on every detail, I'm not faulting the paper for that -- but IMO this story is far less significant, at this point, than coverage of the disputed bond-hearing-post would have been.
 
They must know WHICH apt was downloading *advertiser censored*, each apt would have a different box. That was not mentioned here interestingly.

I don't think the article says anywhere that *advertiser censored* was being downloaded. Doesn't it say movies were being downloaded illegally? Couldn't that just mean, you know, a piracy kind of thing?
 
Would the boyfriend DV have such standing? If so, perhaps he is the one.

I thought about the boyfriend too but it seems unless he was named as the beneficiary of her will he wouldn't. Boyfriends aren't family.

Somehow I don't think BB shared this with the Telegraph.

I believe you are right. When I read it I thought they were quoting BB from an interview, but in fact they were just quoting the letter that she (or someone) wrote in response to the demand letter. If BB didn't share it then yes...it brings up the question as to WHO did? Who would have copies? BB, the Plaintiff's, the insurance company and the attorney's office. Hmmmm.
 
I'm not debating that many don't offer free services, but you see, it seems its always the LANDLORDS who seem to get sucked into this kind of thing, blaming them for all sorts of things. Locks should be changed each time a new tenant moves in, Period. But how is someone to PROVE that they DID. . I dont' particularly like Master Keys....But It's kind of comical in my book, how we don't even have a murderer yet and someone is sueing the complex for fault. We dont' even know where it was committed really. I just dont' think the complex is responsible for someone's morbid mindset. Yes, things can be simpler but criminals look for the easiest target, whether it be a location or the individual. Well, LG had her key under the mat, so how can anyone say the MASTER key was what was used when SM possessed BOTH, he could have simply made a copy of her key. Now if he only had the master key and his DNA was discovered with her DNA on her items or his items...............wellllllll, I wouldn't even be typing.

bbm: tomkat, you've made the same kind of point I was trying to, I guess, only in a little different way and maybe more effectively!
 
I thought about the boyfriend too but it seems unless he was named as the beneficiary of her will he wouldn't. Boyfriends aren't family.



I believe you are right. When I read it I thought they were quoting BB from an interview, but in fact they were just quoting the letter that she (or someone) wrote in response to the demand letter. If BB didn't share it then yes...it brings up the question as to WHO did? Who would have copies? BB, the Plaintiff's, the insurance company and the attorney's office. Hmmmm.

Perhaps he was an executor for her will, though?
 
Perhaps he was an executor for her will, though?

Well if he IS that sounds like a motive to me! But seriously she was a law student, what did she have? A hundred thousand in student loan debt, a car, some old cd's, etc... Unless she was a lot richer than we know I doubt if she even had a will, and if she did why on earth would she make her boyfriend the executor?
 
Well if he IS that sounds like a motive to me! But seriously she was a law student, what did she have? A hundred thousand in student loan debt, a car, some old cd's, etc... Unless she was a lot richer than we know I doubt if she even had a will, and if she did why on earth would she make her boyfriend the executor?

She may not have had much, but, as a law student, she might have been more keenly aware than most her age of the importance of having a will.

Why would she make the boyfriend executor (or maybe co-executor?). Well, he was an established, somewhat-prestigious lawyer...? Beyond that, I don't know -- people do things like that sometimes. She probably trusted him -- maybe was looking to a future with him...? Not saying she did have him as an executor, or even that she had a will -- but I think both are not beyond the realm of plausibility.

Also: Lauren probably looked forward to a long life and a successful professional track. She likely would have soon "had more" in assets... and so may have had a basic will "in place" already, to be updated as needed.
 
Why would she make the boyfriend executor (or maybe co-executor?). Well, he was an established, somewhat-prestigious lawyer...? Beyond that, I don't know -- people do things like that sometimes.

Yes, and if a girlfriend were trying to cement things with a boyfriend asking him to do stuff like this is one method. Though even if he WERE the executor he would have a whole lot of nerve going forward with a lawsuit like this without her families 100% agreement.
 
And that is what I have been saying about the DA, why share trivial info if you've got real damning evidence?? This whole case is clearly someone trying to frame someone else and the struggle SEEMS evident becuase no SM DNA has been discovered or atleast NOT Mentioned among all the trivial finds. They have nothing. Sadly........ if he's guilty anyway. If your rag has a hair on it, wipe the fridge out one last time, it'll leave a hair..............in a pristine fridge. Why there is no food particles in there. I'm not saying SM is not guilty. I"m saying this is trivial pursuit becuase they seem to keep trying to make something fit into the puzzle that won't. ON the other hand. being optimistic for ONCE, ha, since the release of this letter, which was kept secret so long, proves there is more INTERESTING info, if not damning evidence, yet to be told.

bbm: I just have this funny feeling that they didn't test for "trace" food particles, LOL
 
Someone refresh my memory please. We discussed the key issue last summer quite a bit. Was it ever determined exactly who had access to the master key for the apartment complex or was it just the landlords? Would "master key" be accurate if it was a key that would open just about anything which can be purchased off the internet? When I think of "master key," I think of a key that can open a clearly defined number of locks. Where I work, there are various levels of "master keys." Each person has a key to his/her door. Janitors have master keys for the locks on the doors of the building section they are assigned to clean. These master keys don't work on other sections of the building. There is only one key that opens every door in the building. Plus, all of the keys cannot be copied because of their design.
The article currently under discussion states "absent the master key." Does this mean that the landlord admits that SM actually had a master key to the apartment complex?
I seem to live in a perpetual state of confusion about some things related to this case.
 
I thought about the boyfriend too but it seems unless he was named as the beneficiary of her will he wouldn't. Boyfriends aren't family.



I believe you are right. When I read it I thought they were quoting BB from an interview, but in fact they were just quoting the letter that she (or someone) wrote in response to the demand letter. If BB didn't share it then yes...it brings up the question as to WHO did? Who would have copies? BB, the Plaintiff's, the insurance company and the attorney's office. Hmmmm.

If an executor of a will has the "standing" southern_comfort explained, I think we would have to consider, in addition to the boyfriend, other members of that law firm -- since Lauren had worked there and apparently had ties of varying degrees to some members of the firm, another or other member/s might have served as an executor/s as well.
 
Someone refresh my memory please. We discussed the key issue last summer quite a bit. Was it ever determined exactly who had access to the master key for the apartment complex or was it just the landlords? Would "master key" be accurate if it was a key that would open just about anything which can be purchased off the internet? When I think of "master key," I think of a key that can open a clearly defined number of locks. Where I work, there are various levels of "master keys." Each person has a key to his/her door. Janitors have master keys for the locks on the doors of the building section they are assigned to clean. These master keys don't work on other sections of the building. There is only one key that opens every door in the building. Plus, all of the keys cannot be copied because of their design.
The article currently under discussion states "absent the master key." Does this mean that the landlord admits that SM actually had a master key to the apartment complex?
I seem to live in a perpetual state of confusion about some things related to this case.

I think that at this point we still just don't know exactly what LE meant by "master key" -- we know it opened most/all doors there (as Patterson stated at the commitment hearing, I think), but was it an "official" master key or one obtained elsewhere (off the internet, for example, as you say). These questions are on my mind as well. BB likely may not know exactly what was found either, though possibly she may.

ETA: Another thing to keep in mind when pondering this is that the apartment complex is a very small one -- so likely not too many "levels" of master keys.
 
Now that a civil case is pending (although we don't know for sure yet "if" it is and by who), can the plaintiff subpoena evidence from the criminal case? Don't know if I asked this correctly. Just want to know if undisclosed evidence from the criminal investigation can become part of a civil case if SM hasn't been tried yet.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
91
Guests online
3,746
Total visitors
3,837

Forum statistics

Threads
591,529
Messages
17,953,963
Members
228,522
Latest member
Cabinsleuth
Back
Top