First Tort... Colorado & Medibles

[Indigro]

This is a bit over the top, but...

 

http://www.denverpost.com/news/ci_29873009/kristine-kirks-sons-file-wrongful-death-suit-against

 

The three sons of a woman shot to death in 2014 have filed what appears to be the country's first wrongful-death lawsuit against the recreational marijuana industry.

 

The lawsuit claims that the company that made the marijuana edible and the store that sold the candy to Richard Kirk recklessly and purposefully failed to warn him about the bite-sized candy's potency and possible side effects — including hallucinations and other psychotic behaviors.

 

Hours after Kirk purchased the marijuana candy April 14, 2014, Kristine Kirk, 44, called 911 terrified of her husband, who was ranting about the end of the world and jumping in and out of windows. All three of the couple's young sons heard the gunshot that killed their mother.

 

Their youngest son, who was 7 at the time, watched his mother die, according to an amended complaint filed Monday night.

 

Kirk now faces one count of first-degree murder in his wife's death.

 

The lawsuit was filed on behalf of the children — now ages 9, 13, and 15 — by Kristine's parents, Wayne and Marti Kohnke, and her sister, Tamara Heman. The trio became the boys' legal guardians after Kristine Kirk's death.

 

"While nothing can bring their parents back, this lawsuit will seek justice and change in an edible industry that is growing so fast it failed these young kids," the family's attorneys, Greg Gold and David Olivas, said in a statement. "Edibles themselves are not the evil, it is the failure to warn, the failure to properly dose, the failure to tell the consumer how to safely use edibles, that is the evil."

 

A partially eaten "Karma Kandy Orange Ginger" candy was found at Kirk's Observatory Park home after the shooting. The candy — which was roughly the size of a Tootsie Roll — contained 10 servings of THC, with each serving containing about 10 milligrams.

 

THC is the major psychoactive ingredient in marijuana.

 

Gaia's Garden LLC, the company that manufactured the chew, and Nutritional Elements Inc., the store where Kirk bought the candy, are named as defendants in the complaint. According to the lawsuit, the companies failed to include warnings about "known side effects" on the candy's packages.

 

Those possible side effects include hallucinations, paranoia and psychosis.

 

The state has since changed the requirements for labels on edibles.

 

The two companies "negligently, recklessly and purposefully concealed vital dosage and labeling information from their actual and prospective purchasers, including Kirk, in order to make a profit," the lawsuit says.

 

Sean McAllister, who represents Gaia's Garden, said the wholesale company has always been in compliance with state requirements for labeling and packaging its products.

 

"We will vigorously defend ourselves against this attempt to shift responsibility away from the murderer to a substance that is less harmful than alcohol and does not lead to violence," McAllister said.

 

Tiffany Goldman, chief operating officer for Nutritional Elements, declined to comment Tuesday.

 

During the first year of legal recreational marijuana sales, marijuana-infused edibles accounted for roughly 45 percent of the legal pot marketplace. Edibles also were involved in some of the most high-profile marijuana incidents in 2014.

 

About three months after legal recreational sales began — on Jan. 1, 2014 — a Wyoming college student became agitated after eating a marijuana-infused cookie and leapt to his death from a Denver hotel balcony.

 

Kristine Kirk was killed about one month later.

 

Novice users were given a "false sense of security" when purchasing edibles without a warning about overdosing, according to the lawsuit. The businesses failed to inform Kirk and other customers that, compared with smoking pot, the effects of edibles often take longer to take hold, according to the lawsuit.

 

Without that information, customers "can readily be misled into believing they need to eat more of the product to feel its effects without realizing the zone of danger they are entering that could result in catastrophic effects."

 

Failing to include dosage and consumption instructions was "dangerous, reckless and outrageous" and below the standards required for household products such as chewing gum, toothpaste and body lotion, the lawsuit claims.

 

"The manufacturers of dog treats have shown more concern for the health and well-being of dogs that consume their product than the Edible Producers have shown for the people in our community that consume theirs," the lawsuit said.

 

In January 2015, new regulations went into effect requiring edibles sold recreationally to be wrapped individually or demarked in increments of 10 or fewer milligrams of activated THC.

 

While the new regulations will have little to do with claims in the lawsuit, the likelihood of winning is still low, said Sam Kamin, Vicente Sederberg professor of marijuana law and policy at the University of Denver.

 

"We don't hold liquor stores responsible, and we don't hold vodka producers responsible for drunk drivers," Kamin said.

 

Still, the mere filing of such a lawsuit marks a shift within the marijuana industry itself and may open the door for future claims.

 

"Filing this lawsuit, to a certain extent, is a sign that marijuana is becoming a bigger business," Kamin said. "You can't file a lawsuit against a drug dealer. But what these suits are showing is that marijuana is becoming an industry that they want to hold accountable if they think it's caused a harm."

 

The lawsuit also names Kirk as a defendant. Attorneys allege he acted negligently when he voluntarily became intoxicated to a point where he could no longer control his actions. But Kirk had no intention of hurting his wife and no way of knowing that consuming the pot could cause the reaction it did, the lawsuit said.

 

The now 49-year-old changed his plea from not guilty to not guilty by reason of insanity in September.

 

He has since been ordered to have an evaluation at the Colorado Mental Health Institute at Pueblo. It is unclear if that evaluation has been completed.

 

The lawsuit's claims contradict Denver prosecutors, who have argued Kirk acted intentionally. They claim the financial and emotional strain of his marriage contributed to a conscious decision to kill his wife.

 

Blood tests taken after the shooting revealed Kirk had a low level of THC in his system. No alcohol or other drugs — illegal or prescription — were detected.

 

A toxicology report showed Kirk had 2.3 nanograms of THC per milliliter of blood the night of the shooting. The state's legal limit for stoned driving is 5 nanograms of THC per milliliter.

 

Reports from defense witnesses, including a psychiatrist, psychologist, toxicologist and an expert on the effects of marijuana show that defense attorneys are poised to argue that Kirk did not have the mental capacity to plan or kill his wife. When considered together, the reports could suggest the THC in Kirk's system may have contributed to or triggered a psychotic break.

 

Even if Kirk consumed only part of the edible, "the adverse effects could have been severe. It was negligent and reckless not to warn our community of these dangers," according to the lawsuit.

 

As a result of their mother's death, Kristine Kirk's sons have suffered non-economic damages, such as emotional suffering. The lawsuit also claims they have suffered economic damages.

[Willy]

Your right it is way over the top. some dick trying to use MJ to get away with murder.. and i suppose there are people out there dumb enough to believe it.

[trichcycler]

Your right it is way over the top. some dick trying to use MJ to get away with murder.. and i suppose there are people out there dumb enough to believe it.

actually a dicks family suing a medible maker  for money, after dick flipped out and ate medible, killed mom I think.

 

as if

a drunk came home killed his wife, and his kids sued budweiser after they found some cans of beer in the fridge, I think.

[Willy]

actually a dicks family suing a medible maker  for money, after dick flipped out and ate medible, killed mom I think.

 

as if

a drunk came home killed his wife, and his kids sued budweiser after they found some cans of beer in the fridge, I think.

The now 49-year-old changed his plea from not guilty to not guilty by reason of insanity in September.

 

He has since been ordered to have an evaluation at the Colorado Mental Health Institute at Pueblo. It is unclear if that evaluation has been completed.

 

Apparently the whole family wants to get on the same  train. one to get off murder, the rest to make  a few bucks. 

Edited May 11, 2016 by Willy

[trichcycler]

The now 49-year-old changed his plea from not guilty to not guilty by reason of insanity in September.

 

He has since been ordered to have an evaluation at the Colorado Mental Health Institute at Pueblo. It is unclear if that evaluation has been completed.

 

Apparently the whole family wants to get on the same  train. one to get off murder, the rest to make  a few bucks. 

doh.....sry, it's almost friday though....

[t-pain]

i love the jumping in and out of windows part.

 

get all potted up on weed and jump out some windows. thats my plans for today.

[trichcycler]

cannabis would honestly prevent me from killing someone if I was otherwise compelled to do so.

[t-pain]

insert joke about killing a bag of doritos when the couch lock sets in

[+Malamute]

Well, I look at the liquor liability laws to get an idea of what and when someone can be sued. The stores would have had to of known they were selling to someone that shouldnt use, or serve the marijuana.

 

This case will likely fail, but insurance around marijuana activites is something I have been telling people about for a longtime.  I think product liability is where the problems are.

[t-pain]

i think its still liability based on harm. if you get too high and go to the ER, you're fine in 6 hours with a huge bill. but that huge bill is your fault because there is no harm to you.

 

one of my friends cousin went to a hookah bar, smoked too much tobacco/fruits and got so nauseas he put his finger down his throat trying to throw up. but instead of that happening he pierced his esophagus with his finger and had to be rushed to the ER.

 

tobacco and liquor have been getting away with causing severe nausea for years. i dont see that as a factor for marijuana establishments. but maybe i'm misunderstanding what liabilities you are speaking of.

[+Malamute]

Just look up liquor liability insurance/dram shop laws.

 

Then what you can actually be sued for.  It is more than ya think probably.

 

And product liability is "harm" related. Moldy pot and harm caused type of things. Think cigarette companies and Chipotle.

 

They are two different insurances, neither of which are offered by any big name insurer. And the only ones that offer such insurance have never once paid a claim. Some states require insurance for dispensaries and manufacturers, but no legitimate insurance exists for them. They simply pay to show insurance but the companies will never "have to" pay a dime until Federal law changes. The owners are responsible.

[+Malamute]

We have always pointed out this issue to these commercial operators and written basic language to help deter liability if standards are met. I think this case in Colorado is not going to win, but I doubt if Colorado put in product liability clauses like this:

 

 

In addition to the provisions of section 2946 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2946, in a product liability action against a medical marihuana provisioning center or manufacturer, medical marihuana is not defective or unreasonably dangerous, and the medical marihuana provisioning center or manufacturer is not liable, if the product sold was tested and determined to meet the standards for medical marihuana under this article.

 

[phaquetoo]

I no doubt lose my temper at times!

 

I have eaten 3 grams of my oil, I got totaly looped, all I wanted to do was drink soda and eat munchies and watch cartoons when I could keep my eyes open!

 

This is just such b.s,,,,,why dont they sue the gun makers and ammo makers while they are making phoney law suites?

 

Peace

[trichcycler]

Imagine, if allowed to sue, the pay outs for those families of children gunned down by other kids,under 18, prescribed experimental psychotropic drugs and sent off to school to see how they react.

[solabeirtan]

No warnings on alcohol products, which are responsible for many more deaths with guns as well as cars, knives, falling, swimming or any number of impaired judgement situations. The only warning provided is a half asssed self promotional media message suggesting one 'consume responsibly.' Nuff said... Ever see a warning label on pharmaceuticals like Oxycontin, Percocet, Vicodin, Demerol that they may be habit forming, cause suicidal tendencies and/or are capable of causing fatal outcomes. They do caution against operating heavy equipment, I think.

 

But Oh No! Shut the front dooor. Say it aint so ...the FDA announced in March 2016: Warning  Labels on Narcotic Prescriptions.

[Alphabob]

Another BS story about MJ indirectly killing someone. The chances of this being caused by prior mental health conditions or other medications is pretty high, like 99%. This type of behavior,

 

“who was ranting about the end of the world and jumping in and out of window”

 

is not typical of MJ use, and the tox screens clearly show that he was by no means under the influence at the time of the murder.

 

This is one case I’ll have to agree with the prosecutors on,

 

They claim the financial and emotional strain of his marriage contributed to a conscious decision to kill his wife.

[trichcycler]

Well, in the end, we'll find that the small amount of suspected THC in this wack nut's system is the only thing that kept him from killing his whole family.