Question For Lawyers (Or Anyone)

[BFritz21]

(10-22-2019, 05:47 PM)fredtoast Wrote: This is a finding of fact, not an interpretation of a law.

Usually juries make the findings of fact, but I assume this was a bench trial with just a judge and no jury?

When you take a case up on appeal you usually can not appeal the findings of fact made by the jury (or judge).  An appeal is almost always based on an improper interpretation of the law.  The court of appeals does not re-do the finding of facts.  They just apply the finding of facts to the law.

You can always appeal a case with the claim that the evidence did not support the decision, but those are pretty much impossible to win.  In your case the kid stole the car without his parents permission, and parents are not required to keep their children locked up like they are in jail.

But you got a judgement from someone didn't you?  Who paid that?

It's not a fact, it's an opinion that they couldn't foresee him driving the car.

It was his sister's boyfriend's car that bought beer and left the keys in the car.

He has just lost a football game that day, which his number one love in life was football and his parents always praised him for it.  The school had won something like 7 straight state titles, and football was the one thing in life where he always felt in control and felt like a God, so him driving a car was obviously his way of feeling in control again since losing the game made him feel like he wasn't in control.  His parents had driven with him in the cemetery, which was also a well-known place where the caretaker let us drink and even bought us beer (his son was our age and).

The caretaker's son also played football, so they should have been able to foresee that something bad was going to happen (or at least dangerous), especially since the son was a maniac, both on the football field and how he used to pick fights (he sucker punched two of my other friends just like he did in this video). 

The cemetery made a high-low settlement for 500k-1.5, which the jury ended up finding the cemetery not at all to blame, which was a joke.