Dismissal is due to statute of limitations, not on merits or not. Statute of limitations, I have mixed feelings about. On the one hand, it does help weed out frivolous lawsuits or lawsuits that might go nowhere due to poor memory, etc. But sometimes, it's a bailout of injustices because the parties were made silent due to threats, ignorance, and/or language barrier. Internet has helped break down the time, energy, and cost barrier for legal research, but let's just say in 2000, those things were not there. I can email myself costly lawbooks from a law library with Lexis and Westlaw access these days. Back in the old days, an individual would have to lock themselves up in the law library. Just think that someone who has to work every day simply could not make that sort of time and if it's foreign langugage speaker, even with the time, all that legal jargon can make someone's head explode. Then there's the matter of most humans not being naturally inclined to logical reasoning....
Many times, the lawyers will "overplead" with the expectation some things will be dropped.
"lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at the trial of this matter."
This is cookie cutter personal injury claims.
I'm drafting up my own complaints at the moment for tort damages against some real bullshit people. Civil law doesn't excuse lunatics...which makes sense since it is not the state doing a power grab over a constituent but rather trying to have one individual recompense the other, often through a professional intermediary called a lawyer, and a lawyer is in part, a logical reasoning professional.
As this is a personal injury suit...this was likely approached with the expectation it would be dead on arrival, a "dead-end" or "suicide lawsuit" of sorts.
Dude got his publicity...but it just looks like a cash grab and etude for the lawyers he hired.
Judges....they'll hide it but the content and parties do sway them. This case being a "stretch" to say the least...will mean most of the judges he faces will pull out the stops to dismiss the case.
I might contact this law firm for a piece of unfinished business. Not likely to go anywhere since my dad is dead and who knows if the shit cop investigator who said "there is no sexual abuse" with regards to my sister is also dead...
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