I am acutely aware that the term March Madness is most often associated with the NCAA basketball tournament, but for my purposes, it refers to how things often get a little crazy in March. This is true on all sorts of levels.
Along with said mentioned basketball event, people tend to celebrate St. Patrick's Day in a very boisterous manner. Also let's not forget that in the Great NorthEast, the weather tends to break during this month and we are exposed to a few sporadic days in which it feels like mid July. With this seasonal shift and being couped up inside for 3 months, people often get a bit rambuncious, myself included. That being said, it is important to make sure we celebrate the plethora of festivities in March in a responsible manner.
If one wishes to honor the great St. Patrick by repeatedly toasting in his honor, that is all well and good, but please remember to do so responsibly and not drink and drive. Clearly I am stating the obvious and I'm not trying to sound like a public service announcement, but it is important to not only take one's own health into consideration, but that of others who can and will be hurt as a result of said actions.
If you become subject to a DWI or DUI, the best thing to do is comply with the officer's instructions. Trust me, a cooperative defendant is dealt with much more favorably than one that is not. Once charged and processed, it is in everyone's best interest to seek proper legal counsel that handles matters such as this on a routine basis.
Also in March, due to the glimpses of warmer sunny weather, people tend to not be able to drive 55, as the great Sammy Hagar would say, and become subjected to a plethora of vehicle and traffic violations. The police are out in full force during the month of March, so be on your toes. Again, if pulled over, be compliant and seek counsel to fight another day.
Enjoy these first days of Spring and drive and party responsibly. Happy March Madness to all!
For more information or if anyone has any questions or comments,
feelfreetovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
Tuesday, March 27, 2012
Thursday, March 8, 2012
Think Before Pleading Guilty to a Speeding Ticket
To beat a traffic ticket, you don’t have to go to the gym with the mayor, or have a sticker on your back window that says you supported the police department this year. In fact, it’s likely neither of those will help as much as this first very simple tip… take the ticket and ALWAYS PLEAD NOT GUILTY, and let a lawyer do their thing.
The result of pleading not guilty is always better than just mailing in the fine and accepting whatever fate the court decides to levy on you. If you plead not guilty, the worst that can happen is that you get hit with minimal court costs, waste some time, and end up getting whatever it was that they would have given you if you pleaded guilty in the first place. The judge will not add more points to the violation. And the judge cannot require your insurance company to raise your rates even higher.
By pleading NOT GUILTY, you instantly allow wiggle room for the charges and/or fine to be lowered.The next step to saving is finding representation. Rarely can a person completely beat a ticket on their own. Without representation, often you’ll wind up with traffic school, higher points and/or higher fees than when you have a lawyer negotiate a deal. Sometimes, you’ll be offered a plea bargain such as half the points and half the fine.
Just paying that ticket without hiring a lawyer has one serious drawback. It counts as a conviction on your record and raises your insurance for years to come. This is the fine that you keep on having to pay.In recent years, the continual insurance costs from pleading guilty and accepting a conviction have eclipsed the immediate financial hit to your wallet. Traffic ticket revenue has become more important than ever to many states, cities and counties.
With local court and attorney relationships, courts move more smoothly and income is generated.Today, the wrong ticket at the wrong time from a judge in the wrong mood will send your insurance through the roof. This long term hit could result in a suspended license, and even, in some cases, cost you your job.
If you are wondering if you need a traffic lawyer, you probably do.
For more information or if anyone has any questions or comments, feel
freetovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
The result of pleading not guilty is always better than just mailing in the fine and accepting whatever fate the court decides to levy on you. If you plead not guilty, the worst that can happen is that you get hit with minimal court costs, waste some time, and end up getting whatever it was that they would have given you if you pleaded guilty in the first place. The judge will not add more points to the violation. And the judge cannot require your insurance company to raise your rates even higher.
By pleading NOT GUILTY, you instantly allow wiggle room for the charges and/or fine to be lowered.The next step to saving is finding representation. Rarely can a person completely beat a ticket on their own. Without representation, often you’ll wind up with traffic school, higher points and/or higher fees than when you have a lawyer negotiate a deal. Sometimes, you’ll be offered a plea bargain such as half the points and half the fine.
Just paying that ticket without hiring a lawyer has one serious drawback. It counts as a conviction on your record and raises your insurance for years to come. This is the fine that you keep on having to pay.In recent years, the continual insurance costs from pleading guilty and accepting a conviction have eclipsed the immediate financial hit to your wallet. Traffic ticket revenue has become more important than ever to many states, cities and counties.
With local court and attorney relationships, courts move more smoothly and income is generated.Today, the wrong ticket at the wrong time from a judge in the wrong mood will send your insurance through the roof. This long term hit could result in a suspended license, and even, in some cases, cost you your job.
If you are wondering if you need a traffic lawyer, you probably do.
For more information or if anyone has any questions or comments, feel
freetovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
Monday, February 20, 2012
How to Avoid Tickets for Texting & Talking
Within the last year and a half, New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a 2 point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty.
Now, approximately 10 years later, NY has amended the law to include a 2 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with the implementation of the points penalty, such behavior can have an adverse effect on ones insurance premiums along with their overall driving record.
Another "hot topic" in vehicle traffic law is texting while driving. This action seems to be more prevalent in this new age of the smart phone boom. However, in November of 2009, NY passed a law making texting while driving a 2 point penalty along with a fine of up to $150. This little known fact does not seem to prevent the masses from doing so because more and more text related accidents are being reported, as odd as that sounds.
Personally, I see people chatting away on their phones while driving all the time and I am amazed due to the fact that it has been over 10 years since the law against doing so was passed. Bottom line, avoid talking and texting while driving. Not only will you open yourself up to all sorts of legal trouble, but more importantly, one imposes great physical risk to themselves and others when doing so.
The best way to avoid talking while driving would be to obtain a bluetooth device that enables one to speak comepletely hands free. The ear piece models are the cheapest. Many newer model cars these days come equipped with internal bluetooth that allows one to control their mobile device from the car steering wheel. Voice is regulated through a microphone usually imbedded in the rear view mirror and the built in radio speakers act as one giant speaker phone.
Simply using your cell phone on speaker mode will not get you off the hook from being guilty of talking on a mobile device while driving. The device must be completely hands free. Also, many new smartphone applications are available now that translate texts to talk and vice versa.
As stated, talking on a mobile device while driving can be dangerous, but textitng while driving is considered worse due to one's eyes being contantly taken off the road. For all the frequent car talkers and texters out there, I feel it would not only be in their best legal interest to obtain a suitable hands free device or smartphone application, but more importantly, it would be best for all in terms of safety and good consciousness.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.carbonelawyer.com/
http://www.lakegeorgelawyer.com/
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Now, approximately 10 years later, NY has amended the law to include a 2 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with the implementation of the points penalty, such behavior can have an adverse effect on ones insurance premiums along with their overall driving record.
Another "hot topic" in vehicle traffic law is texting while driving. This action seems to be more prevalent in this new age of the smart phone boom. However, in November of 2009, NY passed a law making texting while driving a 2 point penalty along with a fine of up to $150. This little known fact does not seem to prevent the masses from doing so because more and more text related accidents are being reported, as odd as that sounds.
Personally, I see people chatting away on their phones while driving all the time and I am amazed due to the fact that it has been over 10 years since the law against doing so was passed. Bottom line, avoid talking and texting while driving. Not only will you open yourself up to all sorts of legal trouble, but more importantly, one imposes great physical risk to themselves and others when doing so.
The best way to avoid talking while driving would be to obtain a bluetooth device that enables one to speak comepletely hands free. The ear piece models are the cheapest. Many newer model cars these days come equipped with internal bluetooth that allows one to control their mobile device from the car steering wheel. Voice is regulated through a microphone usually imbedded in the rear view mirror and the built in radio speakers act as one giant speaker phone.
Simply using your cell phone on speaker mode will not get you off the hook from being guilty of talking on a mobile device while driving. The device must be completely hands free. Also, many new smartphone applications are available now that translate texts to talk and vice versa.
As stated, talking on a mobile device while driving can be dangerous, but textitng while driving is considered worse due to one's eyes being contantly taken off the road. For all the frequent car talkers and texters out there, I feel it would not only be in their best legal interest to obtain a suitable hands free device or smartphone application, but more importantly, it would be best for all in terms of safety and good consciousness.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.carbonelawyer.com/
http://www.lakegeorgelawyer.com/
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Tuesday, January 31, 2012
The Costa Concordia Catastrophe
For Titanic fans such as myself, the Costa Concordia disaster must seem like deja vu all over again, as the great Yogi Berra would say. A few weeks ago the unthinkable happened as the humongous ocean liner Costa Concordia hit a reef full of rocks off the coast of Italy and partially
capsized, leaving many injured, 17 dead and at this time 15 people missing. What is even more bizarre is that the captain allegedly abandoned ship before all passengers and crew were safely off board.
It is one of the most known laws of sea that a captain is to go down with the ship. Since the captain of the Costa Concordia left his post before all were off the ship, he is being charged with a plethora of charges, such as manslaughter, negligence, abandoning ship and a whole host of others. Along with abandoning ship, the captain is being accused of sailing the boat too close to the coast and going against strict protocol that would rule out such a maneuver. It is alleged that the captain sailed the boat closer to shore than normally permitted in order to do a "salute" to the island. The captain now claims that this type of maneuver is often done and even encouraged by management in order to promote business.
The captain of the Costa Concordia has not officially been convicted of any of the pending charges and remains on house arrest. From a legal stand point, the captain looks to have a long road ahead of him in clearing his name due to the fact that his actions can no doubt be considered negligent and reckless to prosecutors. As it pertains to the charges of manslaughter, it goes without saying that the captain did not actually intend for any of the more than 4,200 people on board to perish. However, if his alleged actions prove to be true, he can be charged with such a terrible crime since it was reasonably foreseeable that said actions could cause serious danger to all those onboard the nearly 1,000 foot long ship. Based on this forseeabily factor, it then becomes irrelevant whether or not there was specific intent. Just the fact that the negligent actions were commenced by the captain would be enough to apply said charges.
On a personal note, I have been a self-professed Titanic fanatic ever since my late great Poppy Zurlo told be about the tragedy at theage of 7. I have read countless books on the topic and watched every singlemovie and documentary there is pertaining to the "unsinkable" ship. With all the technological advancements that are available now 100 years later, I would have never dreamed that an eerily similar disaster would remotely transpire again. I guess even with all the great strides in technology, there still is no accounting for human error.
For more information or if anyone has any questions or comments, feel free
tovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
capsized, leaving many injured, 17 dead and at this time 15 people missing. What is even more bizarre is that the captain allegedly abandoned ship before all passengers and crew were safely off board.
It is one of the most known laws of sea that a captain is to go down with the ship. Since the captain of the Costa Concordia left his post before all were off the ship, he is being charged with a plethora of charges, such as manslaughter, negligence, abandoning ship and a whole host of others. Along with abandoning ship, the captain is being accused of sailing the boat too close to the coast and going against strict protocol that would rule out such a maneuver. It is alleged that the captain sailed the boat closer to shore than normally permitted in order to do a "salute" to the island. The captain now claims that this type of maneuver is often done and even encouraged by management in order to promote business.
The captain of the Costa Concordia has not officially been convicted of any of the pending charges and remains on house arrest. From a legal stand point, the captain looks to have a long road ahead of him in clearing his name due to the fact that his actions can no doubt be considered negligent and reckless to prosecutors. As it pertains to the charges of manslaughter, it goes without saying that the captain did not actually intend for any of the more than 4,200 people on board to perish. However, if his alleged actions prove to be true, he can be charged with such a terrible crime since it was reasonably foreseeable that said actions could cause serious danger to all those onboard the nearly 1,000 foot long ship. Based on this forseeabily factor, it then becomes irrelevant whether or not there was specific intent. Just the fact that the negligent actions were commenced by the captain would be enough to apply said charges.
On a personal note, I have been a self-professed Titanic fanatic ever since my late great Poppy Zurlo told be about the tragedy at theage of 7. I have read countless books on the topic and watched every singlemovie and documentary there is pertaining to the "unsinkable" ship. With all the technological advancements that are available now 100 years later, I would have never dreamed that an eerily similar disaster would remotely transpire again. I guess even with all the great strides in technology, there still is no accounting for human error.
For more information or if anyone has any questions or comments, feel free
tovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
Monday, January 9, 2012
How to File For Custody in Family Court
Dealing with a family court matter can be one of the moststressful experiences a person may face. More than any other court, familycourt involves all sorts of emotions stemming from a plethora of different angles.
When faced with a family court issue such as custody, neglect or family offense, the first thing one must do is be aware that they themselves may fileat any time within the applicable family court.
For those who are not familiar with the family court process, fear not. Mostclerks at the family court level are very much aware that most people arefiling for the first time and that their stress level may be at an all time high.
The family court clerk will provide you with the appropriate paperwork, free ofcharge and with the needed guidance that goes along with it. They can not giveyou legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.
Most family court petitions provided by the clerk are fillin the blank style so don't worry if you are not up on your legalese. Once the applicable petition is filled out, someone from the court will notarize your signature and file accordingly. From there, a court date will be assigned to your case.
If at any time after you file a petition and wish to seek legalcounsel, one has every right to do so. The petitions filed can always beamended and modified so don't worry if something is filed in error.
Family court matters can be an emotional roller coaster. However, do not let the initial filing of papers hinder you in fighting for what you believe is in the beat interest of yourself and your children.
For more information or if anyone has any questions or comments, feel free tovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
When faced with a family court issue such as custody, neglect or family offense, the first thing one must do is be aware that they themselves may fileat any time within the applicable family court.
For those who are not familiar with the family court process, fear not. Mostclerks at the family court level are very much aware that most people arefiling for the first time and that their stress level may be at an all time high.
The family court clerk will provide you with the appropriate paperwork, free ofcharge and with the needed guidance that goes along with it. They can not giveyou legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.
Most family court petitions provided by the clerk are fillin the blank style so don't worry if you are not up on your legalese. Once the applicable petition is filled out, someone from the court will notarize your signature and file accordingly. From there, a court date will be assigned to your case.
If at any time after you file a petition and wish to seek legalcounsel, one has every right to do so. The petitions filed can always beamended and modified so don't worry if something is filed in error.
Family court matters can be an emotional roller coaster. However, do not let the initial filing of papers hinder you in fighting for what you believe is in the beat interest of yourself and your children.
For more information or if anyone has any questions or comments, feel free tovisit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/
Friday, December 23, 2011
Christmas Laws to Live By
To me, the holiday season isn't the same without watching the classic "Christmas Vacation" over and over again until the dvd skips. I would love to decorate my house with 25,000 imported Italian twinkle lights but my wife would no doubt have a fit bigger than Raphie's mom did in the movie Christmas Story over the "Leg Lamp."
In any event, listed below are some of my laws, rules, and regulations that pertain to the holiday season. I hope said procedures are adhered to accordingly by all. Merry Christmas and Happy New Year to all!
1. "Emmet Otter's Jug Band Christmas" must be viewed at least 8 times prior to Christmas Day. Initial viewing is to be commenced upon putting up the Christmas tree.
2. On Christmas Eve, when enjoying a cocktail or 3, do not spout off about your boss. Uncle Hank and Cousin Randy may take you literally and do something rash.
3. The movie “A Christmas Story” should be watched in its entirety. However, one should resist temptation to stick their tongue on a flag pole. Do NOT purchase a Red Rider bb gun. You'll shoot your eye out! Also, be sure to drink your Ovaltine.
4. Non-consumption of those peanut butter cookies with the Hershey kiss in the middle is a serious offense.
5. Store bought eggnog is strictly prohibited.
6. A big screen TV is the gift that keeps on giving all year long.
7. Re-gifting is not a crime.
8. If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.
9. Despite recent trends and policies, you will not be arrested if you utter the words “Merry Christmas.”
10. When in doubt, gift card it out.
In any event, listed below are some of my laws, rules, and regulations that pertain to the holiday season. I hope said procedures are adhered to accordingly by all. Merry Christmas and Happy New Year to all!
1. "Emmet Otter's Jug Band Christmas" must be viewed at least 8 times prior to Christmas Day. Initial viewing is to be commenced upon putting up the Christmas tree.
2. On Christmas Eve, when enjoying a cocktail or 3, do not spout off about your boss. Uncle Hank and Cousin Randy may take you literally and do something rash.
3. The movie “A Christmas Story” should be watched in its entirety. However, one should resist temptation to stick their tongue on a flag pole. Do NOT purchase a Red Rider bb gun. You'll shoot your eye out! Also, be sure to drink your Ovaltine.
4. Non-consumption of those peanut butter cookies with the Hershey kiss in the middle is a serious offense.
5. Store bought eggnog is strictly prohibited.
6. A big screen TV is the gift that keeps on giving all year long.
7. Re-gifting is not a crime.
8. If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.
9. Despite recent trends and policies, you will not be arrested if you utter the words “Merry Christmas.”
10. When in doubt, gift card it out.
Thursday, December 8, 2011
The Pantera Tragedy 7 Years Later
December 8, 2004 was a very sad day in the world of music as that was the day “Dimebag” Darrell Abbott was murdered while he was literally playing guitar on stage. For those readers that are not a fan of hard rock music, Darrell Abbot was the lead guitarist for legendary heavy metal band Pantera. The band was extremely popular during the 1990’s among heavy metal aficionados and the tragedy that struck in Columbus, Ohio in 2004 remains one of rock’s most tragic deaths.
Pantera broke up in 2003 when singer Phil Anselmo had a falling out with Darrell and his brother, fellow band mate and drummer, Vinnie Paul Abbott. The split was filled with acrimony to say the least and both Anselmo and the Abbott brothers went their separate ways and formed their own respective bands.
Upon the death of Darrell Abbott, Phil Anselmo attempted to attend the funeral of his former band mate but Vinnie Paul and Darrell’s long time girlfriend Rita Haney prevented him from doing so. They harbored great resentment toward Anselmo, as they both felt it was he who was responsible for Pantera’s breakup. Vinnie Paul further held distain for Anselmo due to alleged negative comments he made toward Darrell in the press.
Rita Haney went on the record saying that Anselmo was essentially just as responsible for the murder of Abbott as the man who actually shot him on stage. She went on to claim that if Anselmo did not force the breakup of Pantera, Darrell would not have been playing the small, dismal venue on the night of his murder. At the height of Pantera’s fame, they were playing in much larger arenas with heightened security. Upon investigation of Abbott’s death, it was revealed that the gunman acted out because he was upset about Pantera’s demise and he held Darrell responsible. It was also later determined that the gunman had severe mental issues.
In response to Rita Haney’s claims, the legal issue boils down to reasonable forseeability; more specifically, was it foreseeable that Darrell Abbott would be murdered if Anselmo had not broken up the band.
While it may be factually true that had Anselmo not left Pantera, Abbott would not have formed a new band and would not have been playing in the smaller venue on the night of his murder. However, for anyone, including Rita Haney, to hold Anselmo responsible for the actions of a mentally ill murderer is not legally plausible to say the least.
To be deemed legally responsible for certain actions, whether they are criminal or tort, the issue of foreseability comes into play. If a party acts in a way where it is reasonably foreseeable that said actions would have a negative impact upon another, that party would be deemed legally culpable.
For example, if a person drinks an abundant amount of alcohol and then drives their car home, it is reasonably foreseeable that they may cause an accident and that other people may be injured or killed as a result. In this scenario, it would be justified to hold a drunk driver responsible for the harm they cause to people they hit with their car while under the influence of alcohol. The same cannot be said regarding the actions of Phil Anselmo as they pertain to his departure from the band Pantera.
While it may be true that had Anselmo not left Pantera, Abbott would not have been playing in the smaller venue on the night if his murder. It can also be assumed that the man who shot and killed him would not have done so had Pantera stayed together as a band. However, it was not reasonably foreseeable that Darrell Abbott would have been murdered by a mentally ill fan based on Anselmo’s decision to leave the band. The actions of the crazed gunman on the night of December 8, 2004 superceded anything that Phil Anselmo did with regard to his involvement in the demise of Pantera.
When it comes to legal culpability, reasonable foreseeability is the ultimate measuring stick. Often people want to point fingers and place blame where it doesn’t legally belong. Before they do, they should take a step back and ask themselves whether or not it is reasonable, under the circumstances, to hold said person responsible.
In the case of the Pantera tragedy, both Vinne Paul Abbott and Rita Haney were understandably emotional. In the heat of the moment, they immediately lashed out at Phil Anselmo. While it may be reasonable to be upset with him on a professional level, it is absolutely unreasonable and outright wrong to hold him legally responsible for the death of Darrell Abbott.
As a fan of Pantera, I hope Anselmo and Vinnie Paul make amends, but as of this writing, it doesn’t appear it is going to happen in the foreseeable future.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com
Pantera broke up in 2003 when singer Phil Anselmo had a falling out with Darrell and his brother, fellow band mate and drummer, Vinnie Paul Abbott. The split was filled with acrimony to say the least and both Anselmo and the Abbott brothers went their separate ways and formed their own respective bands.
Upon the death of Darrell Abbott, Phil Anselmo attempted to attend the funeral of his former band mate but Vinnie Paul and Darrell’s long time girlfriend Rita Haney prevented him from doing so. They harbored great resentment toward Anselmo, as they both felt it was he who was responsible for Pantera’s breakup. Vinnie Paul further held distain for Anselmo due to alleged negative comments he made toward Darrell in the press.
Rita Haney went on the record saying that Anselmo was essentially just as responsible for the murder of Abbott as the man who actually shot him on stage. She went on to claim that if Anselmo did not force the breakup of Pantera, Darrell would not have been playing the small, dismal venue on the night of his murder. At the height of Pantera’s fame, they were playing in much larger arenas with heightened security. Upon investigation of Abbott’s death, it was revealed that the gunman acted out because he was upset about Pantera’s demise and he held Darrell responsible. It was also later determined that the gunman had severe mental issues.
In response to Rita Haney’s claims, the legal issue boils down to reasonable forseeability; more specifically, was it foreseeable that Darrell Abbott would be murdered if Anselmo had not broken up the band.
While it may be factually true that had Anselmo not left Pantera, Abbott would not have formed a new band and would not have been playing in the smaller venue on the night of his murder. However, for anyone, including Rita Haney, to hold Anselmo responsible for the actions of a mentally ill murderer is not legally plausible to say the least.
To be deemed legally responsible for certain actions, whether they are criminal or tort, the issue of foreseability comes into play. If a party acts in a way where it is reasonably foreseeable that said actions would have a negative impact upon another, that party would be deemed legally culpable.
For example, if a person drinks an abundant amount of alcohol and then drives their car home, it is reasonably foreseeable that they may cause an accident and that other people may be injured or killed as a result. In this scenario, it would be justified to hold a drunk driver responsible for the harm they cause to people they hit with their car while under the influence of alcohol. The same cannot be said regarding the actions of Phil Anselmo as they pertain to his departure from the band Pantera.
While it may be true that had Anselmo not left Pantera, Abbott would not have been playing in the smaller venue on the night if his murder. It can also be assumed that the man who shot and killed him would not have done so had Pantera stayed together as a band. However, it was not reasonably foreseeable that Darrell Abbott would have been murdered by a mentally ill fan based on Anselmo’s decision to leave the band. The actions of the crazed gunman on the night of December 8, 2004 superceded anything that Phil Anselmo did with regard to his involvement in the demise of Pantera.
When it comes to legal culpability, reasonable foreseeability is the ultimate measuring stick. Often people want to point fingers and place blame where it doesn’t legally belong. Before they do, they should take a step back and ask themselves whether or not it is reasonable, under the circumstances, to hold said person responsible.
In the case of the Pantera tragedy, both Vinne Paul Abbott and Rita Haney were understandably emotional. In the heat of the moment, they immediately lashed out at Phil Anselmo. While it may be reasonable to be upset with him on a professional level, it is absolutely unreasonable and outright wrong to hold him legally responsible for the death of Darrell Abbott.
As a fan of Pantera, I hope Anselmo and Vinnie Paul make amends, but as of this writing, it doesn’t appear it is going to happen in the foreseeable future.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com
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