Mediaboss Marketing

U.S. Sen. Rand Paul, R-Ky., talks with his attorney Tom Kerrick Tuesday, Jan. 29, 2019, during the second day of a civil trial involving Paul and his neighbor Rene Boucher in Warren Circuit Court in Bowling Green, Ky.(Photo: Bac Totrong, AP)

Whew, buddy.

Im betting Rand Paul has never been happier to have Democrats around than he was Wednesday afternoon.

Thats when a jury in Bowling Green ordered his neighbor and archenemy to pay him $580,000 for the blindside tackle that broke six of his ribs and collapsed his lung.

If not for those litigious, leftist, liberal lawmakers who have for years kept Kentucky from passing legislation that would limit how much money peoplecan collect when theysue somebody, Rene Boucher might owe Paula heck of a lot less.

Paul, the junior senator from Kentucky and an eye surgeon, has long favored laws that limit how much a jury can award peoplein noneconomic damages.

Doctors seem to like these laws because, well, if they make a bad mistake, such laws can save them and their insurance companies a lot of money. And I mean a lot.

Background: Rand Paul awarded more than $580,000 in trial after neighbor's attack

If a doctor messes up and does something that leaves you badly injured like if an eye doctor slips and blinds you with a laser these laws limit what you could recover in punitive damages and damages for pain and suffering.

A lot of states cap those noneconomic damages at $250,000, which in the whole scheme of things, isnt that much. Some of the caps apply only to medical malpractice cases, but some states cap other types of lawsuits.

Were sorry Mr. Johnson, but Dr. Smith was drunk when he tried to repair the hole in your sons heart. Heres $250,000 to say were sorry and another $25,000 to bury him.

While no amount of money could ever replace ones child, it seems just wrong to cap awards like that.

On some level, you haveto think Paul would agree.

He sued Boucher for $1.5 million in noneconomic damages plus the $7,834 he rang up in medicalfees.

Kelsey Cooper, Paul's spokeswoman, said in an email that the sorts of reforms Paul supports wouldn't affect cases like his.

"The Senator, as a physician is supportive of MEDICAL tort reform, not stopping the restitution from and punishment of violent criminals. To confound the two would be inaccurate," she wrote.

Read this: Rand Paul spends majority of PAC money on travel, food and drink

Not to make light of Pauls injuries I cant imagine there are too many things more painful than broken ribs that ache every time you turn or laugh or even roll over in bed but there are a lot of people with more significant injuriesand many who have lost loved oneswho would argue their suffering is worth at least as much as his.

If Kentucky had a law with a $250,000 limit, the most Paul could hope to collect would be $257,834. Without the law, he stands to collect $582,834 including $375,000 in punitive damages and $200,000 for pain and suffering.

When the General Assembly resumes next week, it could take up Senate Bill 11, which was filed by state Sen. Ralph Alvarado. It is a constitutional amendment that would allow the state legislature to limit jury awards in Kentucky.

The legislation, as filed, doesn't specify what jury awards could be limited. That would be left up to future legislatures.

Proponents of such laws claim they significantly reduce health care costs, but a 2014 study published by the Journal of the American Medical Association found that is not true.

Alvarado, who Gov. Matt Bevin has tapped as his new running mate, is a doctor. So, you can understand why he would want such legislation to pass. It could one day save him a lot of money.

See also: Rand Paul says the free market pushed him to Canada for surgery

In the past, Paul has said repeatedly that state limits on jury verdicts throughout the country should be part of the plan to replace Obamacare.

He really ought to explain why he thinks his neighbor should pay him more than half a million dollars while he favors legislation that could mean your doctor would pay you much less if he or she makes a terrible mistake.

For now, at least, we can only assume that Paul will quietly thank heavenfor Kentucky Democrats while he laughs all the way to the bank.

And laughing shouldnt hurt that badly because those ribs are surelyhealed by now.

Joseph Gerth's opinion column runs on most Sundays and at various times throughout the week. He can be reached at 502-582-4702 or by email at jgerth@courierjournal.com. Support strong local journalism by subscribing today:courier-journal.com/josephg.

Read or Share this story: https://www.courier-journal.com/story/news/local/joseph-gerth/2019/02/01/rand-paul-thinks-you-shouldnt-win-big-like-he-did-court/2733882002/

Read the original here:
Rand Paul thinks you shouldn't win big like he did in court

U.S. Sen. Rand Paul was awarded more than $580,000 in damages and medical expenses on Wednesday in his lawsuit against the neighbor who tackled him and broke several of his ribs in a dispute over lawn maintenance.

A jury in Bowling Green, Kentucky, deliberated less than two hours before delivering the award to the Republican lawmaker who had been attacked while doing yard work at his Kentucky home.

Paul had testified during the three-day trial that he feared for his life as he struggled to breathe after Rene Boucher, an anesthesiologist by trade, slammed into him in their upscale Bowling Green neighborhood in late 2017.

The jury awarded $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses.

Afterward, Paul said in a statement that he hoped the verdict would send a "clear message that violence is not the answer anytime, anywhere."

Boucher's attorney, Matt Baker, said they would appeal.

"We all expected that Sen. Paul would get a verdict in his favor," Baker said. "This far exceeds anything that we were expecting."

The trial included testimony from doctors as well as other who live in the neighborhood, but the most riveting testimony came from the longtime neighbors Paul and Boucher. Paul, a former GOP presidential hopeful, told the jury Monday that immediately after the attack, "the thought crossed my mind that I may never get up from this lawn again."

An apologetic Boucher acknowledged he wasn't thinking rationally and called it "two minutes of my life I wish I could take back." Paul showed no outward emotion, sitting between his lawyer and his wife in the courtroom, as Boucher recounted the attack.

In his lawsuit, Paul sought up to $500,000 in compensatory damages and up to $1 million in punitive damages. Baker conceded during the trial that a "reasonable award" might be in order for Paul's pain and suffering but said no punitive damages should be awarded. Baker said that Paul had resumed his "customary lifestyle" that includes golf and a skiing excursion.

After the verdict, Baker said "multiple issues" will come up during their appeal. Asked if Boucher has the financial resources to pay the damages, the attorney replied: "We're going to talk about that."

Boucher has already served a 30-day prison sentence after pleading guilty to assaulting a member of Congress. Federal prosecutors have appealed, saying 21 months would have been appropriate. Boucher also paid a $10,000 fine and served 100 hours of community service in the criminal case.

Both Paul and Boucher recounted with great detail their accounts of the attack.

Paul testified that he got off his riding mower to pick up a stick and was straightening up when Boucher hit him from behind with such force that both flew through the air 5 or 10 feet (1.5 to 3 meters). He said he was wearing noise-canceling headphones and didn't hear Boucher coming toward him.

For a moment, Paul said, he had a flashback to the 2017 shooting at a baseball field when members of Congress were practicing for a game. Rep. Steve Scalise of Louisiana suffered serious injuries in that shooting.

The attack in Paul's yard was motivated by lawn care, not politics.

Boucher told the jury that he attacked Paul after watching the senator begin forming a brush pile near their property line.

The day before the attack, Boucher said, he had burned another brush pile that Paul had created near the boundary. He doused that pile with gasoline and set it on fire, Boucher said. An explosion burned his face, neck and arms, and Boucher said he was still in severe pain when he attacked Paul the next day. Boucher testified he had hauled away previous brush piles accumulated by Paul without asking the senator.

Boucher testified that he tried to talk to Paul about his lawn maintenance concerns, but was rebuffed. Paul maintained in his testimony that he kept any brush pile on his own property.

Paul said after the verdict that people can hold different views whether it's on politics, religion or "day to day matters. It's never OK to turn those disagreements into violent, aggressive behavior. I hope that's the message from today."

Visit link:
Rand Paul awarded more than $580K after neighbor's attack

(Newser) The trial on Rand Paul's lawsuit against the neighbor who attacked him as he did yard work is in its second day Tuesday, the AP reports, with the radiologist who saw the senator after the 2017 attack testifying in the Kentucky courtroom that Paul was walking with a "grandmother shuffle" after the incident. But Monday's testimony, from Paul himself, was a bit more dramatic: After Rene Boucher hit him with a blindside tackle after he got off his riding mower, both men flew 5 to 10 feet through the air, Paul said. "At this point, I thought, 'I can't breathe,'" he continued. "'If I do nothing, this may be the last breath I ever take, because whoever is doing this isn't stopping.' And I really thought if I got another blow to my back, I wasn't going to survive. And so really I did think I could die at that point. The thought crossed my mind that I may never get up from this lawn again."

Paul added that he had a flashback to the shooting at a baseball field during a Republican Congressional team practice that had taken place earlier that year, the AP reports. Paul, who suffered six broken ribs and a punctured lung, is seeking up to $500,000 in compensatory damages and up to $1 million in punitive damages; he says his mobility is limited, his ribs will never be the same, and he is at higher risk for a punctured organ if he were to fall or get hit again. But a lawyer for Boucher, who pleaded guilty to assaulting a member of Congress, said no punitive damages should be awarded. He insisted Paul has resumed his "customary lifestyle," including playing in a congressional baseball game and golfing with the president, and pointed out the condition of Paul's yard, which Boucher has cited as the reason for his attack. He accused Paul of stacking his debris near their property line. The jury is expected to visit the yard during the trial, Roll Call reports. (Read more Rand Paul stories.)

Read this article:
Rand Paul on Neighbor's Attack: 'I Did Think I Could Die'

On Thursday, Kentucky Senator Rand Paul became the first Republican in the upper chamber of Congress to oppose GOP-backed bills targeting the anti-Israel Boycott, Divestment and Sanctions movement.

Writing in The American Conservative amid the ongoing government shutdown, Paul said that as much as he opposed boycotting Israel, he opposed using government to limit boycotts more.

I strongly oppose any legislation that attempts to ban boycotts or ban people who support boycotts from participating in our government or working for our government, Paul said.

Twice this week, Senate Majority Leader Mitch McConnell (R-KY) has tried to advance a bill that would codify into law the $38 billion in defense assistance over ten years former President Barack Obama promised Israel. The bill would also create federal laws that would protect from lawsuits states that pass laws banning business with Israel boycotters. Each time, Democrats filibustered the bill. McConnell was set Friday to try a third time.

Democrats say they dont want to move on any legislation until government reopens. A substantial number in their ranks also oppose legislation targeting boycotters on free speech grounds, however much they otherwise oppose the Boycott, Divestment and Sanctions movement targeting Israel.

An argument this week, advanced by McConnell and the bills main sponsor, Sen. Marco Rubio, R-Fla., is that Democrats are in fact soft on BDS, and fear being exposed in a floor vote. Paul may have just crippled that argument.

Continue reading here:
Rand Paul becomes first GOP senator to oppose anti-BDS bills ...

Senator Rand Paul has dismissed the seriousness of alleged federal campaign finance crimes committed by President Donald Trump, arguing that the laws regarding these crimes are incredibly complicated and the penalties should be reduced.

The Republican congressman from Kentucky appeared on NBC News Sunday morning television program Meet the Press to discuss the allegations against Trump as well as other recent issues surrounding the president. On Friday, a sentencing memo for Trumps ex-lawyer Michael Cohen issued by federal prosecutors implicated the president for leading a criminal conspiracy, which involved paying off Stormy Daniels and Karen McDougal using campaign funds.

Paul told host Chuck Todd that he didnt believe such violations should be treated so harshly, and should just be punished with fines.

There are thousands and thousands of rules, its incredibly complicated, campaign finance, he said, arguing that criminal penalties are not the best way to address such violations. He said he personally thinks that the punishment shouldnt be jail time, it ought to be a fine.

It just like a lot of other things weve done in Washington, Paul continued. Weve overcriminalized campaign finance.

Todd then pressed Paul about allegations that Cohen had circulated his false Congressional testimony in advance, suggesting that the president was aware that he would lie. The Senator asked for clarification about what exactly Cohen lied about, to which Todd pointed to the Trump Tower Moscow project.

I guess I dont quite understand it, Paul responded. I dont know whats illegal about trying to build a hotel in Russia I see no problem with someone running for president trying to build a hotel somewhere, he said. The senator pointed out that it would be different if the presidential candidate was offering something in exchange for approval of such a project. I havent heard any evidence of that, he said.

Todd then pressed Paul to explain why Cohens and Trumps stories about the project have changed in regards to the project, asking why someone would lie if they had nothing to hide. The senator responded by alleging prosecutorial abuse, suggesting that the probe pushed Cohen to pin dirt on the president.

President Donald Trump, right, acknowledges Senator Rand Paul (R-KY), left, prior to signing H.J. Res. 38, disapproving the rule submitted by the US Department of the Interior known as the Stream Protection Rule in the Roosevelt Room of the White House on February 16, 2017 in Washington, DC Ron Sachs-Pool/Getty Images

Maybe thats because the prosecutor is pressuring him, saying: Well, if you dont give us something on Trump, guess what, you get twenty years. If you give us something on Trump, you get four years, Paul said. I think were trying to make and find a crime, he argued.

Despite Pauls skepticism about the the accusations against Trump, other politicians and analysts disagree. Representative Adam Schiff, a Democrat from California, told CBS News Face the Nation on Sunday that Trump may face the real prospect of jail time.

Until now, you had two different charges, allegations, whatever you want to call them, Democratic Representative Jerry Nadler of New York, the incoming chairman of the House Judiciary Committee, said in a Saturday interview with The New York Times . One was collusion with the Russians. One was obstruction of justice and all that entails. And now you have a third that the president was at the center of a massive fraud against the American people.

Read the rest here:
Rand Paul defends Trump, says campaign finance is "incredibly ...