User profile

washdc1

A few points:
1. Most states (actually, the vast majority) have comparative fault bars ... which means that if the plaintiff is 50% or more at fault (as Heston was found 85% at fault), then the defendant (TASER) does not pay a dime. Thus, had the Heston case occurred in most (40+) states -- TASER would not have paid a dime.
2. The compensatory damages owed by TASER is $153,150 -- as stated in the article this is less than $200,000, but (at least to me) $46,850 is a significant number .. or, to put it another way ... the $200,000 number is 24% too high. Also, according to Burton ... this amount of money does not even cover his out-of-pocket costs .. let alone his expenditure of $1,600,000 in plaintiffs' attorneys' time -- according to court filings.
3. The acidosis enhancing to cardiac arrest argument will not fly in the future ... do the homework and look to present information and new studies. The acidosis concern is a "pig" (study) problem, not a "human" study problem. And, no the two do not equate. Bottom line ... pepper spray, 60 seconds of one-on-one struggle, 200 yard dash (under 30 seconds), 30 seconds of pushups, etc. produce "FAR" more acidosis than TASER discharges.
4. You may also want to review the post Heston cases where TASER was dismissed on summary judgment (courts construing the facts in light most favorable to the plaintiffs) ... and read the court's orders granting TASER's motions for summary judgments (especially Lomax and Fairbanks)
5. Thus -- "go for it ...." keep the ignorance coming ... Eventually the science and the truth will come out and those continuing to spout the negative ignorant (lack of knowledge) media-driven senstionalistic rhetoric will be branded for what it is ....