Single action revolvers and worker's compensation in New Mexico

[Side-Oilers]

Placing a monetary value on human life will always be a strange and awkward task.   

So, if a hypothetical person in a similar situation had 30 earning years left, should a settlement be for that entire amount that he/she would've/could've earned?  (How would anyone be able to accurately estimate that...especially in the weird world of Hollywood?)

Should it be some arbitrary amount minus an also-arbitrary amount of taxes...so it'd more closely equal what his/her annual take-home would be? 

Should it be adjusted for inflation over those 30 years? (Another totally unpredictable number.)

That's just the tip of a slippery iceberg of ship-sinking size.

Disclaimer: I'm not a lawyer, I don't want to be a lawyer, and my legal knowledge is mostly limited to TV shows and movies I've watched.

I'm just a car guy who likes speed, engine sounds and burnouts.

[shelbydoug]

Every gun, no matter what, when handed to you, YOU treat it as loaded, and check and empty it. And NEVER point it at someone, unless your life is in danger.

Hollywood hates guns, I am calling for them to make movies that do NOT have any guns in the movie.
No more cop movies
No more action movies
No more bad guy movies
No more movies with a gun in them.

I happen to agree with you on this.

If our society was being analized for this obvious violent nature involving firearms either for aggressive or defensive uses, I'd have to look at what we watch for entertainment.

Although I remember Mickey Mouse and the lot in a session with a professional Psycologist I'd have to say that I remember the Lone Ranger, Roy Rogers (and his sequen shirts  ), Hop a'long Cassidy, Johnny MacBrown, etc., etc., etc.

I can't deny the effect they had on EVERYONE.

Maybe it's time some of our entertainment should change?


I know what your gonna say! Now Doug, are you suggesting we should be like Dick Shaun as L.S.D. played in the Producers? I don't know? How about the crazy 'Kraut?



A brief quote from Lorenzo:

Roger De Bris : What have you done, L.S.D.?
Lorenzo St. DuBois : About six months... but I'm on probation, so it's all good, baby!
Roger De Bris : No, I mean, what do you do best?
Lorenzo St. DuBois : I can't do that here. That's why they put me away, baby!

[557]

Every gun, no matter what, when handed to you, YOU treat it as loaded, and check and empty it. And NEVER point it at someone, unless your life is in danger.

Hollywood hates guns, I am calling for them to make movies that do NOT have any guns in the movie.
No more cop movies
No more action movies
No more bad guy movies
No more movies with a gun in them.

I happen to agree with you on this.

If our society was being analized for this obvious violent nature involving firearms either for aggressive or defensive uses, I'd have to look at what we watch for entertainment.

Although I remember Mickey Mouse and the lot in a session with a professional Psycologist I'd have to say that I remember the Lone Ranger, Roy Rogers (and his sequen shirts  ), Hop a'long Cassidy, Johnny MacBrown, etc., etc., etc.

I can't deny the effect they had on EVERYONE.

Maybe it's time some of our entertainment should change?


I know what your gonna say! Now Doug, are you suggesting we should be like Dick Shaun as L.S.D. played in the Producers? I don't know? How about the crazy 'Kraut?



A brief quote from Lorenzo:

Roger De Bris : What have you done, L.S.D.?
Lorenzo St. DuBois : About six months... but I'm on probation, so it's all good, baby!
Roger De Bris : No, I mean, what do you do best?
Lorenzo St. DuBois : I can't do that here. That's why they put me away, baby!

       Little old lady land?!?!

[shelbydoug]

Little Ole' Lady Land?

I know some pretty nasty and violent Ole' Ladys and it's probably my imagination but the "littler" they are the nastier they seem to be?

They just use smaller guns. A "Magnum .44" they can't handle.

[deathsled]

Plaintiff's counsel, if the Estate and survivors lawyer up, runs the risk of having the case dismissed by a dispositive motion that worker's compensation is the exclusive remedy.  The standard to overcome is that of recklessness which is more than negligence and less than intentional and given the prior discharges (misfires) of the firearm(s) on the set and the staff quitting on the day of the shooting due to dangerous work conditions, and the target practice with live rounds out back, that standard might be overcome.  But it is still a risk.  If the policy is offered, it might be prudent to take it. A lawsuit can be filed concurrent with a worker's compensation claim I believe.  The filing of one does not negate the other.  And Shelbydoug is correct in that the value of a human life is done by way of earning potential and if they were on the rise and so on.  These are done using an actuarial table in court calculating life expectancy and so on.  There is no bringing the dead back.  This is civilly the only next option available other than law of the jungle and the proverbial "eye for an eye" and so on.  Further, there may have been some bad intent somewhere behind the scenes but it will be tough to show an intentional act without a witness or alternatively a stunning confession by the wrongdoer.  Final note, if Mr. Baldwin was not her employer then worker's compensation does not apply and he can then be a target defendant in a civil suit.

[deathsled]

Treat every firearm or "prop firearm" as it is loaded and live.

Always know your target (preferably by first name) and what is also beyond your target.

If the firearm is in your hands "you" are responsible

Treat every weapon as if it were loaded.

Never point a weapon at anything you do not intend to shoot.

Keep your finger straight and off the trigger until you're ready to fire.

Keep the weapon on "safe" until you intend to fire.

Smile always as it projects you as a positive person !

Don't be such a smart 'Alec.'

[427heaven]

Remember ALEC-SA is always listening.

[5566]

We will need to see what the DA has to say.  Looking at NM statute, Second Degree Murder and/or Involuntary Manslaughter seem possible, based upon what's been in the news so far.

[98SVT - was 06GT]

Hollywood hates guns, I am calling for them to make movies that do NOT have any guns in the movie.
No more cop movies
No more action movies
No more bad guy movies
No more movies with a gun in them.

Now all you have are chick flicks and Hwood will go broke.

[Don Johnston]

Don't forget electric car chases in our cinema future. Next up, "Gone in 60 Volts". 

[67 GT350]

Hollywood hates guns, I am calling for them to make movies that do NOT have any guns in the movie.
No more cop movies
No more action movies
No more bad guy movies
No more movies with a gun in them.

Now all you have are chick flicks and Hwood will go broke.

Yes my statements are just that...
Hollywood wants us to give up nice gas cars, yet they use them. they want us to give up firearms, yet they have them, here is the big one: Hollywood wants us to give up our freedoms, yet they can have all the freedom they want.... Get it? Put them out of business just like they want anyone in the coal, gas, oil, firearm sales and manufacturing, and gas car business out of business.

[deathsled]

Don't forget electric car chases in our cinema future. Next up, "Gone in 60 Volts". 

"Gone in 60 Volts"  Now that's funny!  Good one!

[67 GT350]

Ahhhh Ready Kilowatt, a GE sellout to China.