Comments on: By reader acclaim: DUI manslaughter driver sues victim

By: Thom

Thom — Thu, 09 Feb 2012 14:14:25 +0000

@Robert Swersky
What you describe is called “collateral estoppel”. I think it applies in plea cases as well as straight convictions, if you plead guilty rather than pleading “no contest”. It probably applies here. If so, this case gets kicked on summary judgement. Hopefully with costs and attorneys’ fees awarded against the sister/lawyer.

By: Bumper

Bumper — Fri, 20 Jan 2012 04:18:10 +0000

The article mentions that the perp was an officer of the family business, makes me wonder if the vehicle he was driving was owned/leased by the company and this is suit is just an attempt to keep the families of the victims from getting to the company coffers.

By: David Smith

David Smith — Fri, 20 Jan 2012 03:25:33 +0000

Jack Olson,

In England (which has “loser pays”) it is the losing ATTORNEY that is liable for court, defendant, costs, etc.

However, the judge is allowed to set this aside. If the judge believes it was a legit matter of contention, and no one was being frivolous, he can let the loser off the hook (have no idea how often that happens).

By: Black Death

Black Death — Thu, 19 Jan 2012 18:06:23 +0000

“But, what do they do when the loser has nothing to pay with?”

Get his attorney to pa. After all, she’s as complicit in this as he is.

By: Jack Olson

Jack Olson — Thu, 19 Jan 2012 18:01:16 +0000

Smart Dude, the vicious imprisoned felon is most likely judgement-proof. I approve of “loser pays” and it seems to work well enough in the rest of the world. But, what do they do when the loser has nothing to pay with?

By: Robert Swirsky

Robert Swirsky — Thu, 19 Jan 2012 02:08:52 +0000

If I’ve learned anything from Judge Judy it’s this: once you’re found guilty in a criminal proceeding where there’s a “beyond a reasonable doubt” standard, don’t expect to attempt to arrive at a different outcome in a civil proceeding when there’s just a “preponderance of evidence” standard. I think the only thing he’ll get out if this is some publicity.

By: Smart Dude

Smart Dude — Wed, 18 Jan 2012 23:33:59 +0000

The vicious inprisoned felon and his delightful sister are living, breathing poster children for Loser Pays.

By: OBQuiet

OBQuiet — Wed, 18 Jan 2012 22:16:18 +0000

Takes a certain kind of person to make this big an fool of themselves.

I’m No lawyer, but why not add a nice perjury charge as soon as he claims he lied in that Guilty plea? Probably can’t but it would be nice.

But it should ad least make things easier when he testifies:
Attny: So Mister Belniak, you claim that despite your guilty plea, You we not at fault for the accident.
DB: That is correct.
Attny: So you lied to the court at your trial. Is that correct?
DB: I had to. They were trying to railroad me. It was the only way I could be sure I would ever be free.
Attny: I see. You lied because it was in your own best interests. You stand to profit from this current suit, don’t you?
DB: Yes.
Attny: So it is in your own best interest to claim you are not at fault now, regardless of whether that is true or not, isn’t it?
DB: Yes but I am not lying now.
Attny: I see, you admit to lying before. How are we to decide if you are perjuring yourself now or at you last trial? Help me here. It is clearly not possible that your statement then and now are both truthful. At least one was a lie. Could both be lies? I am not sure what to think. All I know is that you are a liar.

By: kimsch

kimsch — Wed, 18 Jan 2012 20:33:07 +0000

As the victims’ car was stopped at a red light I’m surprised that the plaintiff in this case and his sister haven’t sued the local governmental agency in charge of the traffic lights. Heck, if the light hadn’t been red, the victims wouldn’t have been stopped there and he would have made it through the intersection at his 70-80 mph rate of travel.

By: ps

ps — Wed, 18 Jan 2012 14:41:20 +0000

the magnitude of this individual’s horse’s assedness knows no bounds and neither, it seems, does his sister’s. What they do need is a massive sanction for filing a frivolous suit and for giving stupidity a bad name.