johndh1

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Posts posted by johndh1


  1. One thing she has done to harm everyone who lives anywhere near her is, if any of them sell a home to someone who does not sign a contract stating they fully understand aircraft noise has been an issue in the area, will give grounds for all sorts of legal problems for future sellers. The fact that she lost, and that the supposed noise (which we know clearly) isn't an issue won't matter then. Someone earlier was so right in pointing out that she will have caused a lot more problems for her neighbors than I wonder if they fully yet realize.
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  2. Exactly right, who the hell wants to live next to her, within the same HOA, or even around the block? A file on her should be part of the full-disclosure to potential new buyers for miles radius. I figure anyone planning to move there within the near future has already run across the issues by simple news searches. What would be funny is, if now her neighbors sued her, using the same lame numbers she used for supposed loss in property values.
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  3. If Kimsanity and Co. keep this going, won't it reach a point where it becomes the civil court version of malicious prosecution? I cannot find specific documentation of such, but that doesn't mean the statute doesn't exist - maybe it's a matter of judicial discretion to apply on rare occasions when necessary. I would say this could potentially be the case here.

    Another thought, the courts can only realistically take so much in civil cases, and Kimsanity appears (from what I remember) to be the least-affluent of all named plaintiffs - at least if home values is the indicator - but the entire group as a whole is responsible, so if the award is weighted according to net worth, those on the upper end may not be too happy to "pay their fair share" out of pocket for this, and in turn may not be so inclined to participate in future litigation. Hmmmmm....
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  4. Yeah I left a vm as he is my congressman too, simply urging him to do a bit more research (or to call me for the short version) before allowing himself to be aligned with such an entitled, short-sighted, and selfish group of people. I'd just like for him to see Kimsanity's taped interviews and that video she herself made as "evidence", surely that will make him run away far and fast.
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  5. As I read it in the Rule 411 revised, CQS has (now, reduced from 21) 14 days from ruling to file the appeal notice of intent, and in that same time to either obtain a bond or put up the 125% cash - so they have done one or the other well before now, unless I am missing something. I would love to know if they have come up the cash themselves or found some fool to come aboard that sinking ship. But this clarifies a bit, though I could not find it specifically, I do believe the 125% figure is already the standard.

    https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2013/2013%2813%29%20redlined.pdf
    Roll Tide Roll

  6. FlyingRhenquest

    I guess the court is just going to... hold it for them... or something? Also, wouldn't they normally just want the full amount? Is she planning to tack on more? Because our parking lot and road out to the pick-up area sure could use some paving!



    I was involved in an airport access suit a few years ago in Alabama (not skydiving related), and for the defendant to appeal, they had to put up 125% which was additional penalty automatically if they lost the appeal. I believe this applies here, but I am not sure if the courts take that additional money or Mile-Hi. I think it's to discourage taking more of the court's time, and either way it's more out of CQS pockets. Good enough.
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  7. gunsmokex - you should have seen her during closing arguments just before. She was all over the place, smiling and nodding and mouthing exclamations in a very exaggerated way when her representation was speaking, and on the counter, frowning, looking around the room indignant, and gasping at defense statements. I was looking straight across at her from the overflow in the jury box wondering if she was finally losing it, or just always that way. It was as if she were part of some mime performance-art project. The histrionics were phenomenal.
    Roll Tide Roll

  8. I think what happens next may depend on whether the ruling is with or without prejudice, maybe? And/or judge may add an order of cease & desist from Ms. Gibbs and her merry band of nutjobs from contacting, commenting, harassing, further legal action, etc.

    But I believe CQS does anticipate a counter because it was mentioned in court that Mizz Gibbs has already agreed to grant indemnity to the rest of the group - but I am not sure that will hold up either as far as Frank's ability to sue all of them, because to me it would be the same as if I asked you to help me rob this bank, and told you if we get caught I will take all the rap and they let you go.
    Roll Tide Roll

  9. From the box seat, Plaintiff's attorney Weiner was clearly disheveled and very agitated with his final word - forehead sweating and hands shaking - but the Erin Brockovich comparison finale was surreal.

    No matter how this turns out (I never brag before the game is called), in this opinion, defense knocked it out of the park today, and plaintiff's counsel knows it.
    Roll Tide Roll

  10. Living in Breckenridge for the past 4 years (and visiting the area for 8 years before that), I do both, but I haven't strapped on a board since before I missed out the entirety of two seasons ago by breaking my tib-fib the day after Thanksgiving that year (4 hours after purchase of my Epic - refunded thankfully). Miserable Winter on crutches. Last year I only skied (55 MOST excellent days with the record snowfall), partly for my concern over focus on symmetry. I don't know if I'll ever go back to boarding, I love the trees especially on powder days, (back bowls of Vail are Heaven), and oddly I feel like I have progressed so much more after the accident than I was before, maybe part of it is the appreciation and zeal for being back at it after missing out the prior season.
    Roll Tide Roll

  11. Quote

    ...and while I thought we were moving out pretty good, the video shows otherwise.



    Ain't it crazy how it feels? And so the reason for hypoxia training for pilots, etc. It also seems to warp the perception of time.
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  12. I hate biking in the rain, especially on pavement. I usually won't do it if there's even a chance. I biked out Boreas Pass Road to the pass from Breckenridge one beautiful day my first Summer (three years ago), and turned around to realize I had no choice but to head back into a wall of blackness. It's all downhill, and I was still having to stand on the pedal to move, while enduring hail and small rocks blowing off the ground, and there was nowhere to shelter.
    Roll Tide Roll

  13. Quote

    ...Ever since then, I just immediately turn around and descend; No loitering at the top.



    We usually stay however long just depending on how we feel, and how exhausted muscles are from the degree of difficulty of the climb up, but this season it's been a bit of a rush to get back down to avoid the seemingly everyday afternoon storms (though your ride would still be different/probably harder than the climbs, and I haven't done nearly as much biking this Summer as in Summers past). Different people are definitely affected in different ways depending on body type, and I am rarely the same as what I meet on the climbs - I'm 6'1/2" weigh about 220# and 16% body fat, and I have to keep up on potassium (carrot juice) or I'm cramping, in addition to a little extra salt for all the water I'm drinking.
    Roll Tide Roll

  14. MUCH better if you have an in-home system like that, but it's still not a "night out" if that's what someone's wanting - but still better to spend $1 in the Red Box and be disappointed than to spend close to $30 for two in theater. After "Skyline" I committed to not seeing a movie without consulting rottentomatoes.com and getting the percentage of audience like/dislike - and trying to give time not taking into account opening weekend box office numbers determined by people who saw the same promising trailers that I did. Since then, I have not been disappointed by a movie choice following their ratings.
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