Tuesday, September 6, 2011

Anderson estate sues Dedmon & friends for wrongful death (copy of suit included).

The family of James C. Anderson filed a wrongful death action against Deryl Dedmon, John Rice, Sarah Graves, Shelbie Richards, William Montgomery, John Blaylock, and Dylan Butler in Hinds County Circuit Court today in the murder of James Anderson. Dedmon was arrested for the murder of James Anderson.

The lawsuit pulls no punches. It states on the first page:

"After a night of drinking, seven white teenagers, primarily from Rankin County, set out on a mission to find and "fuck with some xxxxxx" in Jackson, Mississippi. They found Mr. Anderson, a black man, at a motel parking lot in Jackson. Several teenagers took turns beating him for an extended period of time, and then one of the teenagers drove over Mr. Anderson with a Ford F-250 truck."

The suit claims the defendants were at a party and of course drinking was involved. The teens left in two groups- a white Jeep Cherokee and the Ford. A defendant in the Jeep spotted Dedmon and called Dedmon, who came to the hotel. Rice and Dedmon beat Anderson with the encouragement of the other defendants. One defendant allegedly yelled "white power" (yeah buddy, go yell that in prison when you aren't drunk and don't have your boyz to back you up). The Jeep "drove away" while Dedmon ran over Anderson and told the others he "ran that xxxxxx over".

The estate is suing the defendants for battery, negligence, wrongful death, and a survival claim. The estate and family are represented by local attorney Winston Thompson III and Southern Poverty Law Center attorneys Morris Deeds, Jr, J. Richard Cohen, and Jody Owens.




Note to defense: Hire Todd Burwell for your attorney and try to get case removed to Jim Hood's office.


52 comments:

Anonymous said...

How funny....no trial yet, no jury yet, no VERDICT yet however, here come the money train....gimme a check!!!! bottom feeders all...

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

They expect to get the teenagers' auto liability limits, as well as his parent's homeowners policy liability limits, at a minimum.

Probably more if the parents have any umbrella coverage.

I would also think that this is a pretty decent case that they might attach personal belongings of the family beyond the insurance proceeds, given the fact that the kid, y'know, intentionally ran over and killed the guy.

Fortunately for the Plaintiff, the punitive damages caps probably will not apply if he is found to be in commission of a felony. Here's hoping the DA doesn't plead this one out to a lower charge.

Anonymous said...

I don't think the parents should be held responsible for 17, 18 and 19 year old's behavior.

If the kids are not where they say they are, how are the parents to blame?

Now, yes, the drivers of the vehicles should be held responsible. I think one is 18 and the other 19.

These aren't charges brought up by the DA, it's a civil suit, so nothing can be pled out.

Anonymous said...

I think whoever sold them the beer should be responsible!

Shadowfax said...

This is a classic case of 'cart before the horse'. Barksdale must have the new models parked out on 51.

Anonymous said...

Where my "Excalade".

I'd love to know how much time, if any, the family even spent with their gay brother.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Parents brought the little POS up and are responsible for him.
When did we forget that parents are responsible for what they do to their kid's behavior?
I hope the Anderson family cleans them out.

Anonymous said...

Jesus Horatio Christ. I can't believe that I'm gonna sound like a voice of reason here.

Why is everyone piling on this issue? A civil suit here is perfectly normal. As for the "Escalade" comment, thanks for giving the JFP more ammo, and may be proving them right.

Fucking idiot.

Anonymous said...

As for the "Escalade" comment, thanks for giving the JFP more ammo, and...

Prolly one of the JFPers over here stoking the fire....

Anonymous said...

Wonder if the plaintiffs know they are actually being represented by One Call That's All Richard Schwartz, the owner of the Cochran Firm franchise in Jackson.

Anonymous said...

To the person who said that the parents shouldn't be responsible, if the child lives with the parent, the insurance coverage extends to him. That is the law.

Whether or not the family should be responsible for the child's actions is another conversation, although apples don't fall far from the tree in my experience.

Also, to whomever commented that "this is a civil case, so no charges can be pled out"; what I was referring to was that, in the eventual criminal case, the ultimate plea will underpin the punitive damages issue in the civil case. If the plea is a felony, then punitives are uncapped in the civil arena.

Anonymous said...

The JFP interns spend more time here than they do
trying to incorporate the word "Fondren" into every
other sentence about any given topic.

Anonymous said...

Does anyone know what St. Anderson was doing at this motel at 5:30 am? Maybe I'm missing something, but it sounds to me like he put himself into a bad place for bad reasons.

Anonymous said...

Been wondering the same thing 5:43PM .

Anonymous said...

Question???

How can the parents of the 18 and 19 year olds be held responsile?

If they had robbed a bank, the parents wouldn't be put in jail would they?

I see the liability of the minors parents.

Anonymous said...

The shooting victim in the Labor Day Three dollar gas "dispute" died this afternoon.

I wonder if the " Southern Poverty Law Center " calls a press conference on this latest Jackson / Hinds County murder ?


" Black kid kills Indian clerk over less than Five dollars "
... a headline that I doubt will be published.

Black on Indian ? Appears to qualify as hate crime don't cha think ?

Anonymous said...

@ 6:15 Blacks and unions are exempt.

See: http://www.tmz.com/2011/09/03/jay-z-40-40-club-new-york-city-remodeling-union-carpenters-rat-protest/#.Tma9LF2HeSo

Anonymous said...

LEAVE HINDS COUNTY! This does sound like a hate crime but hate crimes will always go one way in this City and County. Just the way it is. You are assuming this risk of multiple perils if you choose to live here. Go now and leave in peace!

Anonymous said...

" In case anyone was wondering, I just talked to someone from the city who clarified that the statue was of Louis XIV, not XVI. "

posted by lizwaibel ( Jackson Free Press ) on 09/06/11 at 03:17 PM

Huh ?... Lewy the 14th ? ? ?

Harvey, Lewm-bam-baw , Kenny S. and the rest are debating a French King ???

Is this an April fool's joke in September ?

Anonymous said...

Yes, 5:43, he was asking for it.

Do the gene pool a favor and drown yourself.

Anonymous said...

Come on people, Morris Dees was in town for a few minutes .

We all know that the SPLC will make millions off of this. Sound bites and photos are their plan.

Then ole Morris will climb back into his corporate jet and fly off to the next perceived progressive
appendectomy.

Anonymous said...

5:43 and 5:49,
It doesn't make ANY difference as to why Anderson was at that motel at 5:30am. Saying that "it sounds...like he put himself into a bad place for bad reasons" is sooo asinine.

No blame can be placed on Mr. Anderson. He did not deserve to die at the hands of teenage punks out on a horribly disgusting 'mission'.

Kingfish said...

Fry him. After the conviction of course.

Anonymous said...

8:16pm, my genes are perpetuated well beyond recall. I wish someone would answer my question. What was St. Anderson doing at this scuzz-bucket motel at 5:30 am? According to the Clarion-Ledger, he owns a home in Jackson, so he didn't need a place to "stay." Maybe he was looking for his lost dog. Maybe he was trying to spread the Word. Maybe he was on his way to a Scout meeting. Maybe he was on the return loop of his morning 5-mile run. Or maybe he chose to visit the Other Side for some drugs and illicit sex and ran into some bad people there. Comes with the turf.

Anonymous said...
This comment has been removed by the author.
KaptKangaroo said...

You poor individuals. I say poor because if it was your ass lying on a slab and we had anything to say about it here, we would not be slandering your soul.

You are poor excuses for human beings and I hope, truly hope, I never meet the likes of you. Your insinuations in the face of the loss of life are disingenuous and inflammatory.

So, you know why he was there? Lucky you are posting anonymous or your secret might be out!

Anonymous said...

@8:55 p.m.- Again, that's the great thing about our justice system. You have a very valid point. It is a point that will not be lost of Plaintiff's counsel, and it is a fact that damages the case to some extent.

The Plaintiff has a risk that a jury will ask your very question during deliberation and penalize him (or his estate, rather) completely or by some percentage. That will automatically reduce the amount of damages paid to the estate. The system checks itself.

However, these facts are significant. I would think that most juries wouldn't penalize Mr. Anderson extensively for being out too late. Whether or not he was involved in some illicit behavior will be the subject of jury discussion, as it should be. Also, the issue of punitive damages might be impacted by that question, if the estate is permitted to bring them. Again, the system checks itself.

Andrew M. Newcomb

Anonymous said...

Please splain the Todd Burwell reference. Do tell.

Anonymous said...

If Anderson hadn't made the decision to go to bad places to engage in bad acts, he would not have been killed.That doesn't excuse the perpetrators of the crime, but Anderson bears some responsibility for voluntarily putting himself in that place at that time. Nobody in the press is talking about this part of the story.

Chris Merck said...

KK, just because you post under the moniker of a children's show and not as 'anon' doesnt add any weight or cred to your posts here just as it doesnt on thereznews, sir.

Anonymous said...

And they won't, because it doesn't deserve discussing. Anderson bears NO responsibility for his own death. What are you smoking?

Anonymous said...

8:16,
Maybe Mr. Anderson did "chose to to visit the Other Side for some drugs and illicit sex". SO WHAT?!
Why he was there has nothing to do with why he was killed.

Are you suggesting that, just because he was at the motel in the early moring hours, Mr. Anderson deserved to be beaten and run over with a truck by some "bad people"?

Why were these teenagers at this scuss-bucket motel at 5:30am?

Why did they chose to visit the Other Side?

**********

Andrew,
You have the legal background. I don't; but I question why Mr. Anderson's reason for being at this motel is a valid point for jury discussion. You are referring only to the civil case and not the criminal case, I hope.

Anonymous said...

Some of these comments carry the ring of insurance company defense operatives.

Shadowfax said...

Kangaroo sure does have some crafty posting abilities. He can post tag-ons to other posts as well as post his own stuff. Is he a board administrator or what?

PS: I was the first to indicate the family and their lawyers are eyeballing new rides at Barksdale's place. So, in that regard, I reckon I'm guilty of 'escaladin' this conversation to the next level. But I'm damned sure no JFP employee or volunteer. Never heard of them before seeing them mentioned on 'this here site'. So, KMA.

Anonymous said...

@10:53- I am talking about the civil case only. I personally do not believe that Mr. Anderson's reasons for being at the location would be relevant. But, in a civil case, the jury looks at all issues and infuses their own judgment to some extent.

For example, if you got six jurors who were asking that question on an eight person jury, you can imagine that they would overcome the two who did not think it was relevant.

Jury dynamics are fascinating, and talking to jurors after a verdict is always a very insightful activity.

Andrew Newcomb

KaptKangaroo said...

RE: Chris Merck
1. Stop trolling me. Please.
2. I am not a moniker. I am a member of this community and I am as real as the couch I occupy, sitting around in my underwear responding to jack wagons like you.
3. My name is from the song Flowers on the Wall.
4. In those eloquent words of Shadowfax => KMA! (I have enough respect for Jim not to use language like that on his blog)
5. Your comment has nothing to do with the post and is worth such. If you want to participate here, you might want to add to it, not troll and harass members of this community.

With that said, I am of the firm belief, it is irrelevant the reason Mr. Anderson was at the location.

Shadowfax said...

1) Who in the world is Chris Merck?

2) If Cap'n tells him to KMA, I do too.

3) I forgot what 3 is.

bill said...

Of course it's irrelevant as to why Mr. Anderson was in the wrong place at the wrong time, but relevance and curiosity are unrelated. I've read a hundred posts on different boards about this - even asked the question myself - and none of them suggested that he be in any way blamed for his own tragic death. People are just curious. I also agree with Andrew in that while it has no relevance in the criminal trial, this issue will be brought up during the civil proceedings and will make a difference in the amount awarded to the plaintiff. Bill Billingsley

Anonymous said...

Todd Burwell represented Robbie Bell. I believe in one of the civil matters.

Cindy Speetjens and (early in the case) Ed Peters/Uncle James Bell represented Robbie in the criminal matters. In fact, James Bell was the first person to arrive at the murder scene (yes, before medical help or law enforcement were notified).

KaptKangaroo said...

Yeah, I reread Andrew's comments and agree bill. It is unfortunate in this enlightened age that a guy minding his own business suddenly is thrust into all of this, especially since the poor guy was run over. It is even more of a shame that this is going to be played out in the national media - I feel for the family in this regard.

I also understand the Civil side of Andrew's discussion. I may not like it, but it is what it is.

KaptKangaroo said...

And thanks Shadow, I've enjoyed your comments of late.

As to your earlier observation, I don't know what role I play, I love to work (its my hobby), I love to have fun, love to share my opinions (we all know what they are worth), thoroughly enjoy intellectual conversation and learning from others, and hope to make a few friends along the way.

Anonymous said...

If this had happened to any of your family members,every one of you would want your revenge in any way you could take it.

I can think of a dozen legitimate reasons for Mr. Anderson to have been at the motel starting with having given an employee at ride to work or saying goodbye to an out of town relative leaving early.

All of you who have ASSUMED negatives to blame the victim reveals much about your character ( or lack thereof) and nothing about the victim's character.

It's a hate crime because, by their own admission, these kids were looking for a BLACK person to beat up. If you attack someone just because of the color of their skin , it's a hate crime.

DODO bird who likens the killing of an Indian while committing a robbery to a hate crime, is too stupid to know the robbery was the KEY factor and not race.

IF these scum bucket teens had robbed their victim rather than killed him for fun, it wouldn't be a hate crime.

Anyone who isn't appalled by this crime and doesn't understand WHY it is of national interest and doesn't understand why the victims' family wants to make sure these folks never profit from the crime has an IQ in double digits.

KJ said...

Love to see Mississippi once again make the National News. I am very sorry that Mr. Anderson died in the hands of some white punks that singled him out because of his color. I have a few questions about the Civil Trial.

1. What type of relationship did his family have with him before his death?
2. Do you typically sue for hospital and funeral expenses in a Civil Trial? Would health insurance and life insurance not cover these expenses if he had either?
3. Do the family members work? I read that Mr. Anderson finacially supported his family. What did dhe do for a living to support so many people?

Anonymous said...

If his relationship with the family members who are suing was crappy, that could entitle them to less money but that would be a tricky defense. Damages include hospital and funeral expenses regardless of whether covered by insurance.

Curt Crowley said...

KJ, I can answer #2 for you. Final medical expenses and funeral expenses are specifically listed in the wrongful death statute. So yes, these are common elements of damages in this type of case.

As far as health insurance, you are correct that health insurance would cover the medical expenses. When the plaintiff recovers damages from the wrongdoer that include compensation for medical expenses that were paid by health insurance, the health insurer is reimbursed for the expenses it paid. In other words, the plaintiff reimburses the health insurer from the settlement money.

KJ said...

Thanks 9:55 & Curt!

Curt - I wish you would have capped that dude that broke in your office.

Anonymous said...

What if the dude was hungry and just looking for food. He had a spoon in his hand for goodness sakes. He hadn't eaten in days and now he could get locked up for this. Since when was it a crime to be hungry? How do you all sleep at night?

Anonymous said...

What if? What if it were you faced with a guy with a spoon that looks like a knife, or better yet, lets go to imaginary land, where everyone can walk right into your place of business, your home, your place of solitude and safety, and spank you with that spoon. You'd like that wouldn't you. Watch out, YO writin' teacher might just do that for trying to run with the big dawgs.

Advice: Don't cross post on blogs regarding the same story and the smae comment when anon here. You run the risk of becoming obvious.

Anonymous said...

"Since when was it a crime to be hungry?"

Hunger=not a crime.

Breaking into other people's property to steal shit=crime.

Clear enough, JFP unpaid intern?

And post on the right stories. The Fondrazon isnt here to move your comments to the correct posts.

KJ said...

Anonymous 9:39

You are a jackass and I sleep just fine at night.

If dude was hungry he can go to the Stewpot each week day around 11:30 and get a FREE meal. I still think Curt should have capped his ass.


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