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Bill defends owners from civil lawsuits
Josey1
Member Posts: 9,598 ✭✭
Bill defends owners from civil lawsuits By Lauren King, Times Staff Writer March 04, 2002 ANNAPOLIS - Del. Carmen Amedori wants to make business and homeowners immune from civil lawsuits if they injure or kill someone in defense of their property. The genesis of the Carroll Republican's bill stems from a case in Glyndon last year. On March 19, 2001, brothers Matthew J. Geckle and Dominic A. "Tony" Geckle, owners of the Back River Supply Inc., were guarding their business with shotguns because of previous burglaries. That night, the two killed an intruder and injured two others.A grand jury did not indict the two men, but attorneys for the Baltimore man killed, 24-year-old Jonathan Steinbach, said they intended to file a wrongful death suit against the brothers.That's exactly what Amedori is hoping to avoid for other business and homeowners who might fall into the same situation."This bill does not address the issue of criminal indictment," Amedori told members of the House Judiciary Committee during a hearing Friday. "This does not preclude a state's attorney's right to gather evidence and seek a criminal indictment."But the bill's opponents disagree. William M. Katcef, assistant state's attorney for Anne Arundel County, said that although the bill's intent is to protect from civil lawsuits, it would mean problems for prosecutors who try to charge the home or business owners criminally.Katcef testified that the bill's language would supercede current law that has a test to determine whether an owner acted in self-defense or not. He said that the bill already assumes the owner has acted in fear of imminent danger."Clearly the existing law is sufficient," Katcef said. "The law that we have now ... provides an adequate defense."Although some committee members appeared in favor of helping the business owners, some were concerned about what the bill could mean for future cases. Del. Kenneth C. Montague Jr., D-Baltimore, Del. Dana Lee Dembrow, D-Montgomery, and Del. Carol S. Petzold, D-Montgomery, each asked witnesses and Amedori what the overall effect of the bill could be."We have before us ... victims of burglary," Amedori said when she introduced a panel including the Geckles. "These men are under the threat of civil liability. To have the threat of a lawsuit pending ... that adds up. This legislation would serve as a deterrent for lawyers who are seeking media attention."If the House Judiciary Committee gives the bill a favorable report, it will be sent to the House floor for a second reading, where delegates can offer amendments, and then a third reading for final approval. The bill would then be sent to the Senate to go through a similar process.The Senate is already considering a similar bill, though, from Sen. Larry E. Haines, R-Carroll. That bill is scheduled for a hearing before the Senate Judicial Proceedings Committee on March 12. http://www.zwire.com/site/news.cfm?newsid=3440962&BRD=1289&PAG=461&dept_id=156627&rfi=6
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