The decision was learn within the felony retrial of Karen Learn.
Karen Learn nonetheless has a lawsuit from the O’Keefe household pending in opposition to her and, in accordance with authorized specialists, it may have important monetary implications relying on the way it performs out.
Relations of Learn’s former boyfriend, Boston Police Officer John O’Keefe, filed a lawsuit in opposition to Learn and two bars in August. Through the retrial of the felony case in opposition to her, the choose put the civil case on maintain.
Karen Learn and her father, William Learn, proper, greet her supporters as they enter the courthouse previous to her acquittal on lots of the fees in opposition to her June 18. (Stuart Cahill/Boston Herald through Getty Photographs / Getty Photographs)
The prolonged felony retrial ended final month with Learn discovered not responsible of second-degree homicide, drunken driving manslaughter and fleeing a lethal accident. However she was discovered responsible of driving whereas intoxicated.
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After the case’s verdict, a lawyer representing the O’Keefe household, Marc Diller, mentioned he anticipated the lawsuit “is going to move forward, business as usual, now that the criminal matter is over,” in accordance with The Boston Globe.
FOX Enterprise reached out to Diller for touch upon the standing of the lawsuit.
Within the lawsuit, members of O’Keefe’s household allege Learn was chargeable for the dying of O’Keefe’s over three years in the past and for negligent and/or reckless infliction of emotional misery on members of the family, amongst different claims. It additionally made claims in opposition to two bars, C.F. McCarthy’s and Waterfall Bar & Grill.
Learn has denied the claims. The 2 bars have additionally denied the claims, in accordance with The Globe.
Spencer Kuvin, chief authorized officer at GOLDLAW, informed FOX Enterprise the chance of the case going to trial or being settled may “depend on whether or not she has insurance that could cover her for this.”
After the jury was dismissed for the day, Karen Learn listens as Canton Police Sgt. Michael Lank is questioned by protection legal professional Alan Jackson whereas flanked by attorneys Elizabeth Little and David Yannetti. (Pat Greenhouse/The Boston Globe through Getty Photographs / Getty Photographs)
He mentioned it was “likely” the lawsuit would go to trial if Learn didn’t have legal responsibility protection via insurance coverage.
Jamie Wright, a Los Angeles trial legal professional and founding father of The Wright Regulation Agency, mentioned settlements are widespread in lawsuits however famous Learn’s state of affairs “is distinct.”
“She may fight this to the end if she believes she was railroaded and wants her whole story told,” Wright mentioned. “Conversely, the plaintiffs may attempt to reach a settlement if they fear being grilled on the stand or exposing themselves to scrutiny.”
Kuvin mentioned settlements “are always a compromise of a disputed claim, so it’s always generally less than the verdict, because you have to factor in the possibility that you could get a verdict of zero.”
If the O’Keefe household’s swimsuit goes to trial and Learn loses, damages can be “whatever the jury feels is reasonable,” he mentioned.
“So, it would be looking at the economic losses, which would include lost wages for the rest of the young man’s life, any money he would have earned over his lifetime that was lost. And then it would be up to a jury to determine a fair amount for the pain and suffering of the survivors that were left behind,” he informed FOX Enterprise.
“And those damages could be in the multimillions of dollars because it’s valuing the life of a loved one, and that’s very difficult.”
Wright mentioned “hundreds of thousands, if not millions” might be “at stake” and insurance coverage “might not pay for everything,” relying on the declare.
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Kuvin mentioned a jury would “determine the total measure of damages” after which the “percentage of fault of each defendant,” which might “control who is responsible to pay what.”
“But in Massachusetts, even if you only have a small percentage, you’re liable to pay the full amount, but then you can get it back from the other defendants who are only partially at fault as well,” he defined.
If a jury had been to rule in favor of Learn, she “doesn’t have to pay and her name is cleared if she’s only defending herself,” in accordance with Wright.
Learn “could, however, walk away with actual money if she goes back and files a lawsuit, perhaps for defamation, malicious prosecution or something similar,” Wright mentioned, noting such a path “is difficult.”
Kuvin informed FOX Enterprise the decision in Learn’s retrial “means absolutely nothing in civil court.”
“The standard of proof in criminal court is exceedingly high. It’s beyond a reasonable doubt. That is basically any possible doubt that you have, you have to say ‘no,’” he defined. “In civil court, our standard is merely a preponderance of the evidence.”
He thought that the proof put ahead by the prosecutors within the retrial “was highly convincing” and mentioned that “certainly that type of evidence, by the greater weight, would probably lead to a verdict in favor of the deceased’s family.”
Karen Learn throughout opening arguments at her second homicide trial April 22. (Stuart Cahill/Boston Herald through Getty Photographs / Getty Photographs)
In Wright’s opinion, Learn’s possibilities of successful the lawsuit are “better than before, but by no means assured” after her current retrial.
She additionally famous the usual of proof for lawsuits was a “far simpler hill to climb” however mentioned Learn “gains momentum from the acquittal.”
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“The evidence has already been put to the test once, and it weakens the case against her,” Wright mentioned.
FOX Enterprise reached out to the attorneys representing Learn within the civil case for remark.
Learn might be on probation for a 12 months for driving whereas intoxicated.
