The decision was learn within the prison retrial of Karen Learn.
Karen Learn nonetheless has a lawsuit from the O’Keefe household pending in opposition to her and, in line with authorized consultants, it might have important monetary implications relying on the way it performs out.
Relations of Learn’s former boyfriend, Boston Police Officer John O’Keefe, filed a lawsuit in opposition to Learn and two bars in August. Through the retrial of the prison case in opposition to her, the decide put the civil case on maintain.
Karen Learn and her father, William Learn, proper, greet her supporters as they enter the courthouse previous to her acquittal on lots of the prices in opposition to her June 18. (Stuart Cahill/Boston Herald through Getty Photos / Getty Photos)
The prolonged prison retrial ended final month with Learn discovered not responsible of second-degree homicide, drunken driving manslaughter and fleeing a lethal accident. However she was discovered responsible of driving whereas intoxicated.
KAREN READ MURDER CASE VERDICT REACHED AFTER DEADLOCKED FIRST TRIAL
After the case’s verdict, a lawyer representing the O’Keefe household, Marc Diller, mentioned he anticipated the lawsuit “goes to maneuver ahead, enterprise as common, now that the prison matter is over,” in line with The Boston Globe.
FOX Enterprise reached out to Diller for touch upon the standing of the lawsuit.
Within the lawsuit, members of O’Keefe’s household allege Learn was accountable for the demise of O’Keefe’s over three years in the past and for negligent and/or reckless infliction of emotional misery on relations, amongst different claims. It additionally made claims in opposition to two bars, C.F. McCarthy’s and Waterfall Bar & Grill.
Learn has denied the claims. The 2 bars have additionally denied the claims, in line with The Globe.
Spencer Kuvin, chief authorized officer at GOLDLAW, advised FOX Enterprise the probability of the case going to trial or being settled might “depend upon whether or not or not she has insurance coverage that would cowl her for this.”
After the jury was dismissed for the day, Karen Learn listens as Canton Police Sgt. Michael Lank is questioned by protection lawyer Alan Jackson whereas flanked by attorneys Elizabeth Little and David Yannetti. (Pat Greenhouse/The Boston Globe through Getty Photos / Getty Photos)
He mentioned it was “seemingly” the lawsuit would go to trial if Learn didn’t have legal responsibility protection via insurance coverage.
Jamie Wright, a Los Angeles trial lawyer and founding father of The Wright Regulation Agency, mentioned settlements are widespread in lawsuits however famous Learn’s scenario “is distinct.”
“She could battle this to the tip if she believes she was railroaded and desires her complete story advised,” Wright mentioned. “Conversely, the plaintiffs could try to achieve a settlement in the event that they worry being grilled on the stand or exposing themselves to scrutiny.”
Kuvin mentioned settlements “are at all times a compromise of a disputed declare, so it’s at all times usually lower than the decision, as a result of you need to issue within the risk that you would get a verdict of zero.”
If the O’Keefe household’s swimsuit goes to trial and Learn loses, damages can be “regardless of the jury feels is cheap,” he mentioned.
“So, it could be trying on the financial losses, which would come with misplaced wages for the remainder of the younger man’s life, any cash he would have earned over his lifetime that was misplaced. After which it could be as much as a jury to find out a good quantity for the ache and struggling of the survivors that had been left behind,” he advised FOX Enterprise.
“And people damages might be within the multimillions of {dollars} as a result of it’s valuing the lifetime of a beloved one, and that’s very troublesome.”
Wright mentioned “a whole bunch of hundreds, if not tens of millions” might be “at stake” and insurance coverage “won’t pay for the whole lot,” relying on the declare.
KAREN READ’S VINDICATION IN MURDER TRIAL COULD TURN INTO MID-TO-HIGH SIX-FIGURE PUBLISHING PAYDAY
Kuvin mentioned a jury would “decide the whole measure of damages” after which the “share of fault of every defendant,” which might “management who’s accountable to pay what.”
“However in Massachusetts, even when you solely have a small share, you’re liable to pay the complete quantity, however then you may get it again from the opposite defendants who’re solely partially at fault as nicely,” he defined.
If a jury had been to rule in favor of Learn, she “doesn’t should pay and her title is cleared if she’s solely defending herself,” in line with Wright.
Learn “might, nevertheless, stroll away with precise cash if she goes again and recordsdata a lawsuit, maybe for defamation, malicious prosecution or one thing comparable,” Wright mentioned, noting such a path “is troublesome.”
Kuvin advised FOX Enterprise the decision in Learn’s retrial “means completely nothing in civil courtroom.”
“The usual of proof in prison courtroom is exceedingly excessive. It’s past an inexpensive doubt. That’s principally any doable doubt that you’ve got, you need to say ‘no,’” he defined. “In civil courtroom, our normal is merely a preponderance of the proof.”
He thought that the proof put ahead by the prosecutors within the retrial “was extremely convincing” and mentioned that “definitely that kind of proof, by the better weight, would in all probability result in a verdict in favor of the deceased’s household.”
Karen Learn throughout opening arguments at her second homicide trial April 22. (Stuart Cahill/Boston Herald through Getty Photos / Getty Photos)
In Wright’s opinion, Learn’s possibilities of successful the lawsuit are “higher than earlier than, however not at all assured” after her current retrial.
She additionally famous the usual of proof for lawsuits was a “far easier hill to climb” however mentioned Learn “beneficial properties momentum from the acquittal.”
KAREN READ SEEN FOR FIRST TIME SINCE HIGH-STAKES TRIAL, EASING BACK INTO ROUTINE
“The proof has already been put to the check as soon as, and it weakens the case in opposition to her,” Wright mentioned.
FOX Enterprise reached out to the attorneys representing Learn within the civil case for remark.
Learn might be on probation for a 12 months for driving whereas intoxicated.
