Monday, April 5, 2010

KCBD update on legal action concerning 22nd Street

http://www.kcbd.com/global/story.asp?s=12257881

LUBBOCK, TX (KCBD) - The owners of an alleged party house in the Tech Terrace neighborhood have requested a jury trial.



The trouble began in February when police say Bailee Barrett, 19, attacked a woman outside her home in the 3200 block of 22nd Street. The victim, Sherry Grusendorf, filed suit against Holden Jacoby and his parents, who own the home across the street.


The Jacobys' attorneys have said the family is not to blame for Barrett's actions. And in a response to the court, the Jacobys denied all of Grusendorf's allegations. They also say her complaint is too vague, and therefore makes them unable to prepare a proper defense.


The Jacobys response also indicates that Grusendorf's own actions may have contributed to the incident that night, including taking flash pictures of strangers in their cars - not on Grusendorf's property. They say her lawsuit is groundless, filed for the sole purpose of harassment. The Jacobys want the suit dismissed, and they want Grusendorf to cover their legal expenses.

14 comments:

  1. That is the lamest reason I have ever read. Some college students were threatened by a middled aged lady taking flash (the horror!) pictures of them acting like a bunch of jackasses. Last time I checked the street is not private property so if someone takes a picture of you then you are out of luck. Did Mrs. Grusendorf take pictures while hurling insults or "fighting words"? Or maybe she was being "too vague". Nice job of reporting KCBD, not.

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  2. We love your blog. It is the only way we know what is happening in Tech Terrace.

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  3. I don't understand how the owners of a house that someone had been at are responsible for the assault that took place. If my plumber had a beer at my house and then left my house only to assault a neighbor, what exactly am I guilty of besides poor judgment?

    Justice being served will be the perpetrator of the assault going through proper prosecution, not filing suit against owners of anywhere the perpetrator may have been that evening.

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  4. I never offer my plumber a beer. But I have taken his picture without his consent.

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  5. Did he offer you crack for the picture? I understand a lot of plumbers offer crack.

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  6. US law gives photographers wide latitude to document anyone-kids, police officers, criminals- in public places, so long as those places don't give the people in them a reasonable expectation of privacy. Grusendorf was not breaking the law while taking pictures of people and their cars.

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  7. I don't think charges are being levied against Grusendorf, so that's not the issue. It sounds like the issue is whether or not the homeowners should be held responsible for the behavior of anyone who comes in and goes out of their home.

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  8. When I'm in my car with dark-tinted windows, I have an expectation of privacy.

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  9. Students hosting a party with full knowledge and expectation of guests drinking can definitely be held responsible for those guests' actions, especially when the actions take place on or near the property in question. Several municipalities in Texas, for instance, hold bartenders *personally* liable for the actions of an over-served patron, even after that patron exits the establishment. It's too bad that laws like this need to be written, but if folks (in this case, students) won't use common sense and/or common courtesy, the only recourse options are legal or vigilante. I'm glad this issue is going through legal channels!

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  10. One has to wonder how Mrs. Jacoby would feel/react if someone (drunk or not) knocked her down in HER front yard and offered to 'beat the crap' out of her... Where were these parents when their Party Animal son was trying to grow up?

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  11. "Jacobys deny all allegations".??
    They DIDN"T throw a drinking party that spilled over to the neighbor's property??
    They NEVER had complaints before??
    Only 2 unrelated people live there??

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  12. Re: Person with the expectation of privacy in a car with tinted windows, my first reaction was to call you a tool, but now I think I am onboard with that.

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  13. I'm in complete agreement with this statement 4 above... "Students hosting a party with full knowledge and expectation of guests drinking can definitely be held responsible for those guests' actions, especially when the actions take place on or near the property in question." I'm also glad this issue is going through legal channels... HAPPY that UNIT neighbor Kevin Glasheen's respectable firm is representing Grusendorf; however, have completely lost all respect for the Jacoby's attorney (fellow UNIT neighbor Ted Liggett)...

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  14. Hmm. I'm not so sure there is any statute that says so. Every bar in the city would go out of business. Since you are glad the issue is going through "legal channel," then you should be glad with the outcome AND you should also respect Mr. Liggett AND both sides for seeing that their rights are preserved.

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