Could a jury find Palin liable for Loughner's acts?

Let's get beyond the polemics and the finger-pointing and ask this question seriously?

In my view the answer is: if Palin's posting of her "Don't retreat... reload" and the gunsight on Giffords was a negligent act and if that act bears a causal relationship to Loughner's murders, then, yes, a jury would be entitled to find her liable for the wrongful deaths and injuries that resulted.

The elements of negligence under Arizona common law were listed in an appeals court decision as recently as last November:

Court of Appeals of Arizona,
Division 2, Department B.
Taylor THOMPSON, a single woman; and John and Kathy Thompson, husband and wife, Plaintiffs/Appellants,
v.
PIMA COUNTY, and its departments of Transportation and Flood Control, Traffic Engineering, Transportation Engineering, Transportation Systems Division, Road Maintenance, and Operations-Maintenance Division, Defendants/Appellees.
243 P.3d 1024
No. 2 CA-CV 2010-0087.
Nov. 16, 2010.

Background: Injured motorist brought action against county following accident allegedly caused by large potholes in road. The Superior Court, Pima County, No. C20080075, Stephen C. Villarreal, J., entered summary judgment in county's favor, and motorist appealed.


Holdings: The Court of Appeals, Vásquez, P.J., held that:
(1) “facts sufficient” put county on notice of claim were facts which permitted county to understand basis upon which liability was claimed, and
(2) cause of action accrued, triggering 180-day period governing notice of claim, when motorist learned that potholes in highway may have caused car to flip over.

Affirmed.


West Headnotes


[4] Headnote Citing References KeyCite Citing References for this Headnote

Key Number Symbol272 Negligence
Key Number Symbol272I In General
Key Number Symbol272k202 k. Elements in general. Most Cited Cases

The elements of negligence are duty, breach of duty, causation, and damages.

Let's review them in relation to this case:

DUTY: Certainly Palin, the wealthy, famous and powerful celebrity/politician had a duty not to engage in careless or reckless behavior that could endanger members of the public.

BREACH OF DUTY: Yes, I think there was a breach of that duty when she posted, or allowed to be posted in her name, the "Don't retreat... reload" message and the gunsight on Giffords's head.

CAUSASATION: This remains to be established... or eliminated. As TIME Magazine's Jan. 24th cover story points out (see my earlier blog posting today), "[P]sychological research suggests that political rhetoric could never be the single cause that leads a person with complex mental problems to commit violence," and it will "take psychiatrists months or years" to "navigate the cluttered corridors of Jared Loughner's mind."

But what if these psychologists and shrinks, supplemented by good police work, find that Loughner was a fan of Palin's website? TIME points out that Loughner had it in for Giffords, who apparently blew off a question posed to her by Loughner at a 2007 event. What if it was Palin's message that planted in his sick mind the course of action that led to the murders? I agree with TIME that it would not be the sole cause of his crimes. But might it be a contributing cause? Indeed, might it be the necessary, immediate cause that set him down the path he took, rather than some other path? If so, then I believe that an Arizona jury properly could find that the causation element of the negligence tort is satisfied.

DAMAGES: Well, that's a no-brainer.

So... let's hold our fire (sorry!) and see what the investigators turn up about Loughner in the days and weeks prior to his terrible crimes. Palin, who claims to pray, had better pray hard that the link is not discovered that connects her careless, even reckless, acts to Loughner's terrible ones.