Beware the “cookies of death!”:http://www.denverpost.com/Stories/0,1413,36~53~2691638,00.html
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I take it that the girls did not have an attorney, or if they did, it was an incompetent attorney. If one has a house, with an entrance on the public street, and there is no city ordinance against entering the yard of another which is not protected by a fence and gate, and no signs declaring said property off limits, then the girls had an expectation that what they were doing was legal.
If said plaintiff is of such psychological makeup that she has panic attacks when her doorbell is rung in the evening, and said plaintiff has not taken any of the above steps (fence, gate, circuit interrupter on doorbelol circuit, etc) to protect herself from the effects of having her doorbell rung in the evening, then she is partly liable. I believe CO is a comparative-liability state, like Oregon. When there is any liability for both parties to a lawsuit, then the Court is required to assess the comparative liability.
In this case, as the judge, I would have set the liability at 60% girls, 40% plaintiff. Without the 30% or lower minimum of liability, the plaintiff gets no damages.
Case closed.
No Christmas caroling at that woman’s house!
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