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	Comments on: Domino&#8217;s sued in murder of deliveryman	</title>
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	<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 29 Jun 2009 06:24:55 +0000</lastBuildDate>
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		<title>
		By: ps		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52716</link>

		<dc:creator><![CDATA[ps]]></dc:creator>
		<pubDate>Mon, 29 Jun 2009 06:24:55 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52716</guid>

					<description><![CDATA[The book Snowcrash comes to mind. It&#039;s time to call in the Deliverator.]]></description>
			<content:encoded><![CDATA[<p>The book Snowcrash comes to mind. It&#8217;s time to call in the Deliverator.</p>
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		<title>
		By: Jim Collins		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52454</link>

		<dc:creator><![CDATA[Jim Collins]]></dc:creator>
		<pubDate>Sat, 27 Jun 2009 14:10:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52454</guid>

					<description><![CDATA[No, I didn&#039;t go back.  

I didn&#039;t hit him because I didn&#039;t have a clear shot.  I wanted to let him know that I was armed so that he wouldn&#039;t come back.  The cops got him the next day when he tried to have a body shop repair the bullet holes in his car.

As far as I know they never caught the people who killed the others.]]></description>
			<content:encoded><![CDATA[<p>No, I didn&#8217;t go back.  </p>
<p>I didn&#8217;t hit him because I didn&#8217;t have a clear shot.  I wanted to let him know that I was armed so that he wouldn&#8217;t come back.  The cops got him the next day when he tried to have a body shop repair the bullet holes in his car.</p>
<p>As far as I know they never caught the people who killed the others.</p>
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		<title>
		By: Patrick		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52431</link>

		<dc:creator><![CDATA[Patrick]]></dc:creator>
		<pubDate>Sat, 27 Jun 2009 11:08:58 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52431</guid>

					<description><![CDATA[I wonder what Massachusetts has to say about the exclusive remedy doctrine and workers compensation.  While I feel for the parents, in my state and many others this suit would be doomed from the start.  The driver&#039;s estate would receive a workers compensation death/funeral benefit, and that&#039;s it.]]></description>
			<content:encoded><![CDATA[<p>I wonder what Massachusetts has to say about the exclusive remedy doctrine and workers compensation.  While I feel for the parents, in my state and many others this suit would be doomed from the start.  The driver&#8217;s estate would receive a workers compensation death/funeral benefit, and that&#8217;s it.</p>
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		<title>
		By: Mitchell Young		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52413</link>

		<dc:creator><![CDATA[Mitchell Young]]></dc:creator>
		<pubDate>Sat, 27 Jun 2009 09:03:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52413</guid>

					<description><![CDATA[A pizza delivery guy usually has both hands occupied with bulky items.  He has to approach an unknown house in probably largely unfamiliar neighborhood. A potential robber knows fairly precisely when he will arrive.  The pizza guy is, in short, a sitting duck. Having a gun is not a complete solution to this problem , he is not going to be able to defend himself by simply  packing heat. Indeed Jim Collins&#039;s story above illustrates just that -- the perp was able to rob him anyway and got off the first shot -- though obviously having the gun helped secondarily.

The real problem is the violation of freedom of association that is &#039;civil rights law&#039;. The old southern obstructionists had it about right -- once you start forcing people to associate with people they don&#039;t want to associate with -- even if the association is a mere business transaction -- there will be no exceptions even for rational &#039;discrimination.&#039;]]></description>
			<content:encoded><![CDATA[<p>A pizza delivery guy usually has both hands occupied with bulky items.  He has to approach an unknown house in probably largely unfamiliar neighborhood. A potential robber knows fairly precisely when he will arrive.  The pizza guy is, in short, a sitting duck. Having a gun is not a complete solution to this problem , he is not going to be able to defend himself by simply  packing heat. Indeed Jim Collins&#8217;s story above illustrates just that &#8212; the perp was able to rob him anyway and got off the first shot &#8212; though obviously having the gun helped secondarily.</p>
<p>The real problem is the violation of freedom of association that is &#8216;civil rights law&#8217;. The old southern obstructionists had it about right &#8212; once you start forcing people to associate with people they don&#8217;t want to associate with &#8212; even if the association is a mere business transaction &#8212; there will be no exceptions even for rational &#8216;discrimination.&#8217;</p>
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		<title>
		By: Dave Lincoln		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52363</link>

		<dc:creator><![CDATA[Dave Lincoln]]></dc:creator>
		<pubDate>Sat, 27 Jun 2009 03:04:31 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52363</guid>

					<description><![CDATA[Jim, I thought you were going to tell us, so I gotta ask:

Did you take the job again after your month sabbatical?  I would have had to tell the old boss to stick it, even if that meant eating ramen noodles, jello, and mac-and-cheese to make ends meet.

(I also wish you had hit the guy.)

Oh, one more thing,  this is a heck of a position for Dominos to be in (very much akin to many banks due to the CRA BS, as a commenter stated above), with one out, however.  If they had not stopped their employees from exercising their right to defend themselves, they may have prevented some of the suits, at least.  That&#039;s what the lawsuit should be about, if anything at all.]]></description>
			<content:encoded><![CDATA[<p>Jim, I thought you were going to tell us, so I gotta ask:</p>
<p>Did you take the job again after your month sabbatical?  I would have had to tell the old boss to stick it, even if that meant eating ramen noodles, jello, and mac-and-cheese to make ends meet.</p>
<p>(I also wish you had hit the guy.)</p>
<p>Oh, one more thing,  this is a heck of a position for Dominos to be in (very much akin to many banks due to the CRA BS, as a commenter stated above), with one out, however.  If they had not stopped their employees from exercising their right to defend themselves, they may have prevented some of the suits, at least.  That&#8217;s what the lawsuit should be about, if anything at all.</p>
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		<title>
		By: Bob Neal		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52336</link>

		<dc:creator><![CDATA[Bob Neal]]></dc:creator>
		<pubDate>Fri, 26 Jun 2009 22:54:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52336</guid>

					<description><![CDATA[A.W. there are a ton of examples of the traditional &quot;firefighter rule&quot; falling by the wayside.]]></description>
			<content:encoded><![CDATA[<p>A.W. there are a ton of examples of the traditional &#8220;firefighter rule&#8221; falling by the wayside.</p>
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		<title>
		By: VMS		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52295</link>

		<dc:creator><![CDATA[VMS]]></dc:creator>
		<pubDate>Fri, 26 Jun 2009 18:47:57 +0000</pubDate>
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					<description><![CDATA[Jim

If your aim were better, one such problem would have been solved!  No lawyers, no courts, no trial, no prison, no wasted taxpayer dollars.]]></description>
			<content:encoded><![CDATA[<p>Jim</p>
<p>If your aim were better, one such problem would have been solved!  No lawyers, no courts, no trial, no prison, no wasted taxpayer dollars.</p>
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		<title>
		By: Bill Alexander		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52290</link>

		<dc:creator><![CDATA[Bill Alexander]]></dc:creator>
		<pubDate>Fri, 26 Jun 2009 18:17:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52290</guid>

					<description><![CDATA[mojo, because the areas that they wouldn&#039;t deliver to were minority areas.]]></description>
			<content:encoded><![CDATA[<p>mojo, because the areas that they wouldn&#8217;t deliver to were minority areas.</p>
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		<title>
		By: mojo		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52289</link>

		<dc:creator><![CDATA[mojo]]></dc:creator>
		<pubDate>Fri, 26 Jun 2009 18:12:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52289</guid>

					<description><![CDATA[Why was the USDOJ involved in the first place? Is having pizza delivered a major civil rights concern? Really?

Delivery areas and times are the company&#039;s business, not DOJ&#039;s.]]></description>
			<content:encoded><![CDATA[<p>Why was the USDOJ involved in the first place? Is having pizza delivered a major civil rights concern? Really?</p>
<p>Delivery areas and times are the company&#8217;s business, not DOJ&#8217;s.</p>
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		<title>
		By: A.W.		</title>
		<link>https://www.overlawyered.com/2009/06/dominos-sued-in-murder-of-deliveryman/comment-page-1/#comment-52285</link>

		<dc:creator><![CDATA[A.W.]]></dc:creator>
		<pubDate>Fri, 26 Jun 2009 17:38:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=11963#comment-52285</guid>

					<description><![CDATA[Bob

&#062; Since assumption of risk no longer applies to firefighters and police, it certainly won’t apply here. 

I don&#039;t think its that simple.  i have never heard of a cop or his widow suing becuase he got shot in a bad neighborhood.  if you are a cop you obviously assume that risk.  then again, isn&#039;t there also worker&#039;s comp for that sort of thing?

Also you can&#039;t apply assumption of risk if, say, a cop or a firefighter run into a burning house to save people, or something like that.  But that is covered under the exception to assumption of risk that &quot;danger invites rescue.&quot;  And that principle is not limited to cops and firefighters.  indeed that line &quot;danger invites rescue&quot; comes from a case when an ordinary man ran onto train tracks to rescue a child but ended up being hit himself.  when his survivors sued the train company, the train company pled assumption of risk, and was shot down on that logic.

By comparison i think it would be a stretch to say danger invites pizza.  That employee would know, perhaps better than the company, how dangerous the neighborhood is.  i won&#039;t claim to know the whole law in this area, but i doubt they would create an exemption from the assumption of risk defense to cover pizza deliveries.  he didn&#039;t have to be a pizza delivery boy.  he could have done alot of different jobs.  and having chosen that job, he can&#039;t complain that he got sent somewhere unsafe.  he always had an option: quitting.]]></description>
			<content:encoded><![CDATA[<p>Bob</p>
<p>&gt; Since assumption of risk no longer applies to firefighters and police, it certainly won’t apply here. </p>
<p>I don&#8217;t think its that simple.  i have never heard of a cop or his widow suing becuase he got shot in a bad neighborhood.  if you are a cop you obviously assume that risk.  then again, isn&#8217;t there also worker&#8217;s comp for that sort of thing?</p>
<p>Also you can&#8217;t apply assumption of risk if, say, a cop or a firefighter run into a burning house to save people, or something like that.  But that is covered under the exception to assumption of risk that &#8220;danger invites rescue.&#8221;  And that principle is not limited to cops and firefighters.  indeed that line &#8220;danger invites rescue&#8221; comes from a case when an ordinary man ran onto train tracks to rescue a child but ended up being hit himself.  when his survivors sued the train company, the train company pled assumption of risk, and was shot down on that logic.</p>
<p>By comparison i think it would be a stretch to say danger invites pizza.  That employee would know, perhaps better than the company, how dangerous the neighborhood is.  i won&#8217;t claim to know the whole law in this area, but i doubt they would create an exemption from the assumption of risk defense to cover pizza deliveries.  he didn&#8217;t have to be a pizza delivery boy.  he could have done alot of different jobs.  and having chosen that job, he can&#8217;t complain that he got sent somewhere unsafe.  he always had an option: quitting.</p>
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