“Stand Your Ground” Protects Motorist In Damage Lawsuit, FL Court Rules


A Florida appeals court upheld a ruling protecting a motorist under the stand your grand law from a civil suit seeking damages after a road rage encounter in a mall parking lot, reports the Daily Business Review. The court yesterday affirmed a lower court ruling of civil immunity for the husband of a disabled woman who came to her aid in a dispute with a psychiatrist. “Most of the research out there is criminal, so I would say this is pretty groundbreaking on the stand your ground law,” said attorney Christine Marichal of Miami, who represented the husband.

In a dispute, the husband pushed the psychiatrist to the ground, whre he hit his head. The husband “would be justified in using nondeadly force against [the psychiatrist] if he reasonably believed such force was necessary to defend himself [or his wife] against [the psychiatrist’s] imminent use of unlawful force,” wrote Judge Kevin Emas. The stand your ground law has been criticized because it has been used to justify fatal shootings of unarmed people including teenager Trayvon Martin and a movie-theater visitor.

Comments are closed.