I was most disturbed by the Sept. 29 news article where the Court of Appeals ruled against Don Lowe by essentially saying there was no injury committed toward Lowe from the city of Bowling Green and Inspector Maxwell back in 2002. It appears to a non-attorney person like myself that the legal fix was in to always find in favor of the city. In order to do so, there was some terrific legal hair splitting going on! Now most everyone, including a jury, believes the city and Maxwell wronged Lowe, but did they act in malicious subjective bad faith or just screw up really badly kind of maliciously and accidentally ruin Lowe’s business? This should not be the rule of the land where someone can substantially injure you and then hide behind judicial robes and claim some kind of “special immunity.” Again, this has been going on since 2002. It is just not right and it smells bad! Shame on the Court of Appeals. The actions of this case should shake us up!
What stands out crystal clear is Lowe originally prevailed with a jury trial in 2012. The jury consisted of people like you and me, and they awarded Lowe $970,000. It should have ended there! Now the city has a problem, and here is the plan. Why not pile the forces of legal wrangling at its worst on Lowe, stretch it out about 20 years and debate terms like subjective bad faith and on and on. What should really alarm citizens is a system obviously tilted to prevent people like Lowe and others from getting a fair shake at the courthouse! It seems to amount to a city or government entity being able to ruin someone and claim it was unintentional ... but the damage is done!