Hope that title is okay. I copied it directly from the article. Aside from the RO part of course.
The judge’s daughter was three times the legal limit and rear-ended a box truck. Turns out the truck was uninsured so the argument her lawyer is making is…
Does anyone really wonder why lawyers have a bad rep? Our own excluded of course. Hi Bricker!
Houston isn’t so far away that I can’t drive down there and slap someone. Anyone want to chip in for gas money?
Well, I see your point. It’s a ridiculous claim. But it is the Lawyer’s job to come up with a defense, and in this case, ANY defense is better than none, right?
Wait: This is not a criminal case but a lawsuit. Never mind. The lawyer is scum and the drunk driving bitch is… well, a bitch.
At the same time, the uninsured driver should be fined. but I’m sure that happened at the scene of the accident anyway.
How is the truck driver negligent in the cause of the accident, regardless of his insurance status? Doesn’t sound like this case has legs. But I’m not surprised about it.
I’m reminded of a lawsuit I’d read about a few years ago about a cop who was suing a family because she slipped on some water in the hallway after they dragged there 2 year old son inside from the pool where he had been drowning. The cop was responding to an emergency call, slipped in the puddle and wrenched her knee. The family, who was now dealing with a brain-damaged toddler, were accused of negligance in that one too. Fucking piece of work that one was.
I have the impression that cases like this are generally pursued by insurance companies, not by the individuals involved. I may be wrong about that though, and actually, I’d be interested in finding out whether my impression is correct or not.
-FrL-
Actually, I remember referring to that story in this very forum. I’ll have to find it – not sure if any linked stories will still be active though.
Actually, now that I recall, I think I wrote about in my LJ.
Whatever.
And in other news, let’s compile a list of Who Not To Date.
Did I read that right? She killed two boyfriends in the space of a year? Sheesh! She’s going to make some lucky guy a wonderful widow someday.
Maybe she can hook up with Drew Peterson. Or is it too late already?
Generally speaking, that is not the case. For the police officer she had health insurance and whatever wouldn’t be covered by that the family probably had homeowner insurance which would cover people being injured on their property. A lawsuit wouldn’t have been necessary to get a payout to cover her bills at all unless her personal health coverage refused to pay and the family had no homeowner insurance in place. When an insurance company goes to court it is usually to be reimbursed for a claim that they paid out that should have been paid by the other party.
Yep, I just heard he’s engaged.
My condolences to his fiance … in advance.
Yeah. I thought it was common knowledge. Sorry.
From the facts given, I don’t see how you can rule out the possibility that the truck driver was contributorily negiligent.
Here’s a quote from the article:
Also, I don’t see in the article where it says that the alleged negligence was the failure to carry insurance.
Granted, it seems more likely than not that the intoxicated driver was 100% at fault.
IIRC, the police officer later dropped the suit and she was let go for embarrassing the department. I bet her Chief did a whole series of :smack: before he cut her loose.
Well, I’d only just heard I hadn’t checked with everyone else yet. But he should be available again in no time.
??? Not that she didn’t but where does it say that? I only see reference to one Matthew McNiece. There was another?
I don’t see any mention of a second death. The article says she was convicted last year, is dated 2008, and says the accident was Oct. 2007. That indicates to me she had a fatal accident in Oct. 2007 and was convicted before 2007 ended…only one dead boyfriend!
She can proudly add that to her dating profile, I guess.
Hah!
I thought one of legal premises? was that if you were drunk (particularly 3 times the limit) that anything that happened was pretty much your fault, possibly excepting EXTREME circumstances, and maybe not even then.
I don’t see where you’re getting that from.
Also, what brazil84 said. There is some evidence that the truck driver was partially at fault. I don’t think this case hangs on whether the driver was insured.