Letters to the Editor

In reading the May 2, 2014 story in the Fallon County Times entitled “Henson Lawsuit Against School District #12 Dismissed with Prejudice”, I wish to point out the following.

 

Letters to the Editor JPEG

Henson lawsuit against School District #12

In reading the May 2, 2014 story in the Fallon County Times entitled “Henson Lawsuit Against School District #12 Dismissed with Prejudice”, I wish to point out the following.

1. When the parties to a lawsuit agree to dismiss a lawsuit to avoid going to court to have a judge or jury determine what happened, and monetary compensation for an injured party, this is universally referred to as a “settlement”, not a “dismissal with prejudice”. In addition, it would be very unusual for a lawsuit not to be dismissed in a settlement.

2. Although not clear in reading the story, it appears to the reader that the School did not prevail in its motions for summary judgments, which means the Court determined that there was a basis to go to trial in Tyler’s case. A motion for summary judgement is a typical motion by a party to a lawsuit which claims there is no basis for a lawsuit. If a Court determines there is no basis for a lawsuit, it is dismissed, which did not happen in this case. The Court determined there was a basis to go to trial.

3. Finally, as the story points out, to impose liability requires a “very high” level of proof by Tyler’s attorneys at trial. Despite the “high level” of proof required by Tyler’s attorney to win this case, Tyler’s attorney was prepared to go to trial until School District #12 offered to settle this case. I assure all of the readers that Tyler’s attorney has a lot better things to do than to run up attorney fees for School District #12. Tyler’s attorney needed to win at trial to collect any fee. Obviously, Tyler’s attorney believed that he would prevail at trial to make his efforts worthwhile, and frankly, the attorneys for School District #12 must have realized the same.

Thank you. s/John Huntley