Comments on: Drunk driver leads cops on high-speed chase; 21 local residents sued

By: marco73

marco73 — Tue, 12 Feb 2013 22:24:35 +0000

The deceased, Sheila Julien, can only win an honorable mention for a Darwin Award. Apparently she had at least 1 child.

The daughter of the deceased was unable to attend a court hearing, because she is in jail for parole violations stemming from a drug charge and assaulting a police officer.

We don’t call it Flor-i-DUH for nothing.

By: Ben Catoe

Ben Catoe — Tue, 12 Feb 2013 17:52:44 +0000

@Roger,
I’m not a lawyer so I was not intending that to be the actual language, but you make a very good point.

I’d say that in this specific case DUI at excessive speeds (=crime) down a very small road and hitting a tree (=caused by you). The plaintiff might be able to sue the driver’s estate (likely nothing to gain) but since the passenger was a partner in the crimes they were committing they should be jointly responsible. Unless they can show where the tree jumped in front of them they have no case.

If more general terms it would need to read something like “…while in the commission of a crime you assume all risks incurred…”. This would be intended to cover things like suing over a dog bite or drowning in a pool after climbing a fence (trespassing). I suppose it might be worded to apply differently to felonies vs misdemeanors.

I hereby award them both well deserved Darwin Awards.

By: boblipton

boblipton — Tue, 12 Feb 2013 14:26:25 +0000

Sounds like the people bringing the suit and their lawyer are on drugs.

Bob

By: RogerX

RogerX — Tue, 12 Feb 2013 14:03:35 +0000

@Ben – Define “a crime.” Parameterize “caused by you.”

The complexities of those two questions alone much such a law much more a nuisance than a benefit.

By: captnhal

captnhal — Tue, 12 Feb 2013 12:29:51 +0000

In most of these cases it seems to boil down to not taking responsibility for one’s own actions and looking for deep pockets. In this case the plaintiff’s side is claiming that it was someone else’s responsibility for having done what no other had done. It was the tree’s owner’s fault.

By: Juanito

Juanito — Tue, 12 Feb 2013 05:32:46 +0000

So how far away is this from where David Belniak killed those people?

(He is now suing the estate of the people that he hit while he was driving drunk.)

By: ras

ras — Tue, 12 Feb 2013 04:18:01 +0000

if a lawyer were working on, say, a 30pct commission basis, wld he be liable for the same pct under loser-pays? he shld be.

By: Ben Catoe

Ben Catoe — Tue, 12 Feb 2013 01:24:34 +0000

There needs to be a law that states that you cannot sue someone for any injury/damage caused to yourself while in the commission of a crime. There is no way that I should be able to sue a homeowner for cuts I received while breaking his window, nor sue a car owner for a wreck I had while stealing his car.

Also, the 21 residents should counter sue for damages caused by the perps for driving on their private road and sue the lawyer for their costs associated with this stupid suit along with “pain and suffering” for having to deal with it.

The lawyer should be censored and fined.

By: Jerome Bigge

Jerome Bigge — Mon, 11 Feb 2013 22:57:43 +0000

You’re probably thinking of “loser pays”. Which is opposed by the legal profession here in the USA. (might cut into their incomes)

By: No Name Guy

No Name Guy — Mon, 11 Feb 2013 20:00:00 +0000

HFB – what we really need is the ability of defendants who prevail in cases like this to get 10 minutes to horse whip the attorneys who filed the abomination of a suit. Some how I suspect that would reduce the frequency of such actions to only the lunatic pro se plaintiffs. [wakes up from dream] Oh…..drat. OK, now that I’m awake – loser pays takes care of this trash suit.