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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (July 20, 1999)
lsz LTS PSP LST lllPlPllPISS statu- ia stack- Tim Per W (541) 346-5511 Room 300,EÖMemot-ialunjm P.0. nox3159, Zugs-on 97403 Parent TRAP Lawsuits filed against parents for the actions of their children bring into question how much control a parent really has In reference to the recent shootings on sct\pol grounds, how much blame should be assigned to the perpetrators’ families? Is there a price tag that can be put on the suffering enduredby survivors of the devastating incidents? In light of recent lawsuits filed in Lane County against Bill and Faith Kinkel’s estate, at least two grief-stricken families are seeking answers to those questions. Along the way, more concerns—includ ing those about our litigious society—will no doubt be raised. Loretta Miltonberger, the mother ofThurston High School shooting-survivor Teresa Miltonberger, filed a $14.5 million civil suit against the Kinkel estate July 1. On July 15, a second civil suit, asking for up to $250,000, was filed the right thigh. Of the Thurston survivors, she suffered ar guably the worst injuries on May 21,1998. To date, Mil tonberger’s medical expenses have exceeded $250,000, and they’ll continue to grow in the future, according to her family attorney Art Johnson. Peek Jr. was shot in the left forearm. His list of dam ages include: pain, disfigurement, humiliation and post-traumatic stress disorder. Kip Kinkel, who was 15 years old at the time, al legedly committed those horrible acts against his classmates, one day after apparently killing his par ents, Bill and Faith. Now 16, Kip remains incarcerat ed at the Lane County Jail, charged with four counts of murder and 54 other charges. Kristin Kinkel is living in Eugene, trying to cope with the loss of her parents, and the loss, in another extent; of her brother. And now, as the personal representative of the Kinkel estate, she faces the distress of these two pending civil suits as well. Both parties who filed suit claim negligence on the part of Bill and Faith Kinkel. The Miltonbergers claim Kip’s parents were negli gent for providing their son with guns, giving him unsu pervised access to guns and failing to take steps to pre vent him from obtaining and having the weapons. The Peek Jr. suit claims that the Kinkels failed to exercise parental control over their son. These suits, most likely, have been filed not only with the intent of gaining compensation for significant loss es, but with the hope that, somehow, they’ll help pre vent similar tragedies from occurring in die future. But in all probability, these civil suits won’t ac complish either of those objectives. Chances of sizable awards are slim in such cases, attorney in Colorado said in April after the Columbine shooting, where the family of one of the victims has filed suit for $250 million. In addition, the glaring question re mains: how much legal responsibility can the family of an obviously troubled teenager expect to bear? Proceeding with civil trials and their various ap peals indefinitely lengthens the suffering of every one involved. Of course, it is completely impossible to compre hend or understand what the families of any of die Thurston or Columbine victims are feeling, unless one has experienced it first-hand. By all means, their desire for assistance in paying for escalating medical bills is a legitimate concern. Certainly, these families have been gravely wronged. And it’s part of the American culture to sue when one has been wronged. But suingthe Kinkel estate for negligence is misguided. Because, by all accounts and reports, Bill and Faith were not negligent. They were respected and adored members of the community. They were loving parents who wanted the best for their children, and who were working hard to achieve that. Also, Kristin Kinkel is not responsible for any of this, but she will be the one who sustains the brunt of these suits. Already, she’s suffered more than she ever should have. The amount of money allocated by the Kinkel es tate is at the discretion of a jury. But whether it di rects the Kinkel estate to pay $1 or all $528,127 that it’s worth, there has tcrbe a better way to deal with this incredibly woeful situation. This editorial represents the opinion of the Emerald editorial board. Responses may be sent to ode@oregon. uoregon .edu. ■m Editorial Cartoons It t^kcrpiKct OF \DUS The Oregon Daily Emerald is published daily Monday through Friday during the school year and Tuesday and Thursday du ring the summer by the Oregon Daily Emer ald Publishing Co. Inc., at the University of Oregon, Eugene, Oregon. A member of the Associated Press, the Emerald operates independently of the University with offices in Suite 300 of the Erb Memorial Union. The Emerald is private property. 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