3 years ago
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By FRED SHUSTER | City News Service
LOS ANGELES — Attorneys for Los Angeles County argued successful a tribunal filing Monday that Vanessa Bryant’s assertion of affectional distress caused by the alleged sharing of photos taken astatine the country of the chopper clang that killed Kobe Bryant, the couple’s 13-year-old girl and 7 others is based connected “hypothetical harm,” since the images were ne'er publically circulated.
In the question asking a justice to disregard the lawsuit, the region says that it is “undisputed that the complained-of photos person ne'er been successful the media, connected the Internet, oregon different publically disseminated.” Consequently, Bryant’s assertion of “having to fearfulness those photographs surfacing” does not represent grounds for the suit, the region alleges.
A “preemptive, speculative suit astir what ‘may’ oregon ‘could’ happen” fails arsenic a substance of law, since there’s nary lasting to writer for “hypothetical harm,” the region contends, adding that portion Bryant “paints a nefarious picture,” the facts bash not enactment it.
Bryant’s attorneys person not yet responded to the motion. A proceeding is scheduled for Dec. 27 successful Los Angeles national court. Trial is acceptable for Feb. 22, if the lawsuit goes forward.
In her complaint, Bryant alleges the region — done its sheriff’s and occurrence departments — violated her rights by taking and sharing photos of the Jan. 26, 2020 chopper clang site. One of her allegations is that Sheriff Alex Villanueva, successful bid to support himself successful the lawsuit of a lawsuit, ordered that grounds beryllium deleted from the phones of deputies who whitethorn person possession of clang country images.
In a deposition, Villanueva testified that helium told his unit to get escaped of the photos successful bid to guarantee the graphic images were not shared, which would origin further harm to the suffering families of the victims, according to region attorneys.
“I tin archer you this,” the sheriff is quoted arsenic saying successful the deposition. “That the occupation astatine manus was images getting retired and harming the families. I marque decisions based connected the contiguous threat, which is simply a harm that those pictures tin origin to the family. I don’t marque a determination based connected ‘I mightiness get sued six months later.’ That’s preposterous.”
Attorneys for Bryant are urging the justice to penalize the region for the demolition of photos taken astatine the site, but the justice has not yet ruled connected that motion.
According to Bryant’s question for sanctions, members of the Los Angeles County Sheriff’s Department who were among archetypal responders, improperly destroyed cellphone photos astatine the absorption of Villanueva, who knew helium was required to sphere specified imaginable evidence.
“That bid was highly irregular — unprecedented successful deputies’ acquisition — and retired of the concatenation of command. When a skipper complained, the sheriff demoted him,” attorneys for Bryant argued.
In a triumph for the county, U.S. Magistrate Judge Charles Eick ruled that Bryant indispensable crook implicit her intelligence wellness records for the past 11 years, which attorneys for Los Angeles County contend are needed to warring the lawsuit.
Bryant lawyer Mari Saigal alleged successful tribunal papers that the effort to get the records “should beryllium seen for what it is: an effort to bully Mrs. Bryant into dropping her lawsuit to debar her backstage therapy records being brandished successful unfastened tribunal and reported connected by media outlets.”
The NBA legend’s widow is seeking millions of dollars successful damages for the terrible affectional distress she alleges suffering aft discovering that sheriff’s deputies snapped and shared gruesome photos of the chopper clang scene.
In the caller filing, the region contends there’s nary grounds that “death images” were shared wrong the sheriff’s oregon occurrence departments. When allegations of improper photograph sharing surfaced, “they took due action. Every enactment was aimed astatine preventing harm, not causing it,” according to the document.
“Contrary to plaintiff’s claims, the photographs did not absorption connected the remains of immoderate of the victims but were wide views of the clang country that archetypal responders and investigators typically usage to measure the harm caused by tragic accidents specified arsenic this one,” according to an earlier region document.
“None of the photographs were sent to anyone extracurricular the county, nor were they publically disseminated.”
The region alleges that the plaintiff’s affectional distress resulted from the nonaccomplishment of household members, not the photos, which Bryant has ne'er seen and lone learned astir from paper reports.
“The County of Los Angeles and its governing Board of Supervisors person large sympathy for Plaintiff Vanessa Bryant and her tragic loss,” the Monday filing states. “They reiterate their condolences. It was a horrific mishap that took 9 guiltless lives. But the County did not origin it. County unit worked tirelessly to support the clang site, place the victims, and notify the families. As for this lawsuit, it is without ineligible merit and should beryllium dismissed.”
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