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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12437
Experience:  Attorney experienced in numerous areas of law.
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my question is in regards XXXXX XXXXX lawsuit we filed against a large

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my question is in regards XXXXX XXXXX lawsuit we filed against a large co.whose property my son,my daughter,along with a friend were all 3 found drowned in what is referred to as the discharge canal.at the time this occurred there were no no trespassing signs,no warning signs 7& no safety measures in place.it was an area that for years been frequented on a daily basis for all types of recreational activities by the citizens in this area.for fishing.hunting,& a known hang out for the youth.it was routinely patrolled by both the bcso & fop.the biggest issue re.this canal is that it is mamade & used to cool off machinery inside the power plant-the safety issue being the culvert 5 ft.below ,unseen which when turned on causes the water to run at an excessive rate,dumping somewhere along the lines of 250,000 gal.of ware/min out into this canal & causing a vortex which sucks any & all into the culvert,out through the pipes into a main body of water.i believed we would get to court...people would be made aware of just how callous & smug & heartless the representatives of this co.had been from the start.you see,from the beginning mant people had told us we would never be fairly treated based on the particular system here in the county we live in.bay county fl,"the redneck riviera","the good old boy system.i did not believe it.i really thought the judge presiding over the case would be fair,especially after gulf powers' motion to dismiss was denied.at that hearing the judge point-blank asked their atty if they honestly believed they did not have an obligation to warn people of this dangerous condition.they replied no.he replied he was denying their request,it needed to go to trial.18 months later on the day jury selection was to begin,the trial to start we were summoned into his chamber-court room & told there would be no trial.he had changed his mind.he believed that we would have reached a resolution or more substantial evidence would be presented.i have to say that everyone i have relayed any of this to has said & i quote "someone was bought,something stinks.i was also told on another occasion that if we were a more connected,politically,monied,powered family...say one of the judges' children,an atty's child,a politicians child things would have been dealt with in a totally different way...my question is are we not all equal.i understand they are not solely responsible but feel they should be held accountable for their disregard for anyones safety.we did appeal,the appellate court upholding the judges' decision..my children died a terrifying,horrific death.they did not just drown,i think constantly of how afraid & most of all how betrayed they must have felt.they have since this occurred ercted a gate,they've beed doing work on the system to bring it up to code,i suppose.where does one turn when the very people we've put in the position to protect our civil rights doesn't?it has never been about the money but i still feel somehow,someway it all needs to be investigated.something is just not so right?your thought on this would be greatly appreciated
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. If I may offer an objective examination, the difficulty here is that you have no evidence of impropriety--just a judge changing his mind. There are no witnesses, no evidence of money changing hands or intimidation, nothing. And the case was examined at the appellate level and they were not persuaded of a legal problem with the conclusion. The reality is that we are all equal under the law and we have a system of law that recognizes that, and we even have a system that is structured to mitigate exposure to the error and corruption of the people that compose it, but ultimately the system itself is made up of people and people are susceptible to error and even corruption. So there are degrees of losing and you have lost badly. You appealed, and that was the right thing to do. However, without tangible evidence of impropriety, there is no further step to take--it is just like any other case.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.

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