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No. In a civil case, Mieses will have to prove that the SUV driver acted with intentional or careless negligence. The evidence is overwhelmingly in favor of the SUV driver and Mieses' cace will be weakened if it can be proven that he actually tried to join in hitting the car. Nobody is saying he can't try, but he just won't succeed.
No he won't. He just has to prove Lien did it. And that will likely be stipulated. This is basically an auto accident when one participant was a pedestrian or sitting on a non-moving motorcycle. Liens only defense against responsibility is that Mies was committing a crime against him. Other wise it is almost a directed verdict.
And NY County will provide a jury half friendly to Mies.
That is the whole point. Lien did not, and could not, know that it was a prank. There was absolutely no way for him to know they were just having a GOOD time.
Which is why for a civil lawsuit to prosper, the plaintiffs would have to prove that Lien used his SUV to retaliate and not escape. We don't know what was on the family's minds as their car was being hit from all sides at that time but the wife has come out with "we feared for our lives" pronouncements. That plus the video would make Lien's liability very very difficult to prove.
It seems you are missing a lot of the information that has come to light about this incident. There are multiple threads here on CD alone. That is why you are coming across as trollish.
Why not "scary stupid-ish" ? Which is a decent definition for someone who would use the term "oriental" to describe a person.
Unless of course he is a time-traveller from the 19th century. Perhaps that's it.
No he won't. He just has to prove Lien did it. And that will likely be stipulated. This is basically an auto accident when one participant was a pedestrian or sitting on a non-moving motorcycle. Liens only defense against responsibility is that Mies was committing a crime against him. Other wise it is almost a directed verdict.
And NY County will provide a jury half friendly to Mies.
While most motor vehicle accidents are caused by negligence, usually because they are unintentional, Lien may be liable for reckless driving. Reckless driving occurs when a driver operates a vehicle unsafely with a clear disregard for the likelihood that his driving could cause an accident.
Lien could also be held liable for battery. Battery, in general, requires that the defendant make offensive contact with his person. A car — which is considered attached to one’s person — can also count for battery purposes. In New York, intentional assault and battery requires physical injury, which is certainly present in Mieses case.
Possible Defenses
Despite Lien’s possible liability for injuring Mieses, he may have a strong defense in self-defense. Self-defense of one’s person or property is a very common defense when one feels as though he is being attacked. As a general rule, self-defense must be justified based on the circumstances. Usually, this will require that the level of force used to protect oneself (or one’s family, in this case) was reasonably necessary to repel the attack.
In this case, while the force Lien used was arguably deadly, it may still hold up as reasonably necessary. Especially considering the dangerous situation he was involved in — multiple bikers riding after him, wrecking his car, and in general showing threatening signs of an equally dangerous attack to come."
If the riders had not chased Lien down and beaten and knifed him and begun pulling his wife out of the car, Mieses would have a better case. Their actions just confirm how dangerous the people banging on the SUV were and strengthen Lien's self-defense claim.
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