Court documents ask Parkland parents to prove mental anguish

Authored by abcnews.go.com and submitted by ZWass777
image for Court documents ask Parkland parents to prove mental anguish

Court documents ask Parkland parents to prove mental anguish Parents who sued a school district after their children died in a mass shooting at a Florida high school are being asked to turn over psychiatric records to prove they've suffered mental anguish

FORT LAUDERDALE, Fla. -- Parents who sued a school district after their children died in a mass shooting at a Florida high school are being asked to turn over their psychiatric records to prove they have suffered mental anguish.

The Broward County school district's demand, which is contained in documents filed in lawsuits blaming the district for failing to identify and stop the threat posed by the suspected gunman, has the victims' families enraged, the South Florida SunSentinel reported.

In formal court responses, School Board member Lori Alhadeff — whose daughter Alyssa was among the 17 killed on Feb. 14, 2018, called the demand “harassing, burdensome” and an invasion of privacy. She was elected to the school board after the shooting.

Seventeen people were also injured in the shooting.

Court records show at least a dozen other families also object.

Alhadeff's lawyer, Rober Kelley, told the newspaper that in most civil cases, plaintiffs prove their pain and suffering with testimony, along with testimony from friends and loved ones. He said it's rare to ask for mental records to prove heartbreak.

“I don’t think anyone is going to dispute that these families have suffered mental anguish,” Kelley said.

In an Oct. 1 response, the district said it “recognizes the sensitive nature of these records,” but insists they are necessary in a claim involving mental pain and suffering.

It is one of about 75 questions asked of victims in a template that also includes demands for evidence of funeral expenses, accounts of every media interview victims have done and tax returns to show lost income.

Broward Circuit Judge Patti Englander Henning will consider what the victims will be forced to answer during a hearing on Thursday.

“Providing proof of loss, while absolutely necessary in any wrongful death case, is like ripping open the scab again and again and again. It hurts,” said attorney David Brill, who represents three sets of parents and a surviving student.

Relatives of the dead are asked to “identify any permanent mental injuries” they are claiming, and whether in the 10 years prior to the massacre they ever sought psychiatric treatment and why.

The filing also asks for the slain victims' cellphone numbers, copies of death certificates and the names and business addresses of the health providers who provided care in the five years prior to the mass shooting incident.

School Board lawyer Eugene Pettis said that while the school board recognizes the sensitivity of the issue, the district has a legal duty to make sure the claims are proven by a professional standard, not just through testimony of family and friends.

“If there are claims, you get the records to support those claims," Pettis said. “It’s happened in every such case I’ve tried.”

The court consolidated dozens of lawsuits stemming from the shooting that were filed against the school district, the Broward County Sheriff's Office and others, and set an orderly way for each side to obtain evidence. That led to the exhaustive questionnaire, the newspaper reported.

The victims already have a steep hurdle to overcome. The Florida Supreme Court last month ruled that, for liability purposes, the tragedy is considered one event in the eyes of the law. That caps the school district's damages at $300,000 total.

If a jury awards more, the victims will have to ask the state Legislature to pass a bill to pay out more than the insurance policy allows.

irr1449 on October 7th, 2020 at 23:16 UTC »

I'm an attorney. You can't litigate a case and NOT request this evidence. It would be malpractice and you would get sued and lose your license. You have to prove damages and just assuming they are true would be clear malpractice.

You could ask some different questions like:

1) The attorneys asking these questions probably knew that they were going to have to ask them and took the case anyway.

2) The School could have settled and it would have been common knowledge among everyone involved that these questions would be asked at trial.

3) The parents could be asking for a shit ton of money and/or the school has limited or no means to pay. (A lot of times government entities have maximum liability amounts that are typically low)

4) The town/city that funds the school could be passing any damages onto the taxpayers and they might have a fiduciary duty to defend.

Embarassed_Tackle on October 7th, 2020 at 21:17 UTC »

I don't even know if they can afford this lawsuit.

The victims already have a steep hurdle to overcome. The Florida Supreme Court last month ruled that, for liability purposes, the tragedy is considered one event in the eyes of the law. That caps the school district's damages at $300,000 total.

So will it just be $300,000 divided between 12+ families and their lawyers? Are they all filing suit separately? It says they have to go to the Florida legislature and beg them to pass a law to allow more money than the insurance policy allows, which is a tough row to hoe.

CanalAnswer on October 7th, 2020 at 20:48 UTC »

From a technical/legal standpoint, this makes sense to me. On the other hand, to paraphrase Jon Stewart, the worst possible outcome is that the court accidentally compensates someone who hasn’t suffered that badly after their child was murdered in a school shooting. You know what? It’s on the house.