10-22-2019, 05:47 PM
(10-22-2019, 04:10 PM)BFritz21 Wrote: A judge let the driver's (my old best friend) parents out of the civil case saying that there was no way that they could foresee that he'd drive a car that night.
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?
