On Monday, the plaintiffs and the defendant argued before the judge and now the parties are waiting on a ruling. The ruling will determine whether the case will move forward to trial or whether the case will be dismissed. The defendant filed a motion to dismiss the suit. His attorney said, “Their [the plaintiffs’] fatal flaw is they haven’t shown a single person with any damages above and beyond anyone else in the group… The complaint does not allege that any bullets or debris ever left Dr. Land’s property. It does not allege anyone was ever injured by an explosion, bullet or firearm, or that Dr. Land has ever threatened anyone with his firearms.”
The plaintiffs’ attorney said that Dr. Land claimed that the reason for the machine gun fire was protection of his business, but, when questioned in court about his use of the machine guns, he invoked his Fifth Amendment privilege against self-incrimination. The plaintiffs’ attorney says that should be seen as a strong indication that Land believes he has broken the law.
At least one of the plaintiffs, Kathy Peterson, said that the noise devalues the surrounding properties. She also said that the noise caused some of the neighbors’ anxiety problems, created sleep disorders, and caused undue stress. The plaintiffs’ attorney will appeal if the judge dismisses the case. He also plans to seek an injunction while the case is pending to stop the machine gun fire.
Negligence, nuisance, intentional infliction of emotional disturbance and assault are scary civil litigation terms. If you are ever faced with such issues and are in need of the services of a Charlotte personal injury attorney, please contact the attorneys at Arnold & Smith, PLLC for a free consultation at 704-370-2828.
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