# Judge's daughter sues driver she ran into during crash (RO) **URL:** \ **Category:** The BBQ Pit\ **Created:** [December 18, 2008, 3:16pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747 "2008-12-18T15:16:06Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\ **Post date:** [December 18, 2008, 5:19pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/21 "2008-12-18T17:19:03Z")
> [@ivylass](#): > > 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. Nice. I didn’t know that. ---
**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\ **Post date:** [December 18, 2008, 5:21pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/22 "2008-12-18T17:21:55Z")
> [@billfish678](#): > > 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, Do you have a cite for that? Because I don’t think that’s necessarily the case. I think that the ordinary rules of negligence (and negligence per se) would apply. Here’s a hypothetical: Suppose that a child is a passenger in a car being driven by an intoxicated person. A speeding UPS truck (with a sober driver) runs into the car, seriously injuring the child. By your rule, which puts 100% of the fault on the drunk driver, the child’s only claim would be against the driver of his or her car. The child would have no claim against the speeding UPS driver. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [December 18, 2008, 5:27pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/23 "2008-12-18T17:27:05Z")
From the linked article… _He noted that Shelton named 16 defendants, including insurance companies and banks. “They’re just throwing everything against the wall to see if anything sticks,” Havins said._ Seems that thy are just throwing poop on the wall. I’ll bet they are hoping the defendants are willing to throw a few bucks their way to avoid having to defend themselves in court. I doubt she could ever win with a jury, after all, she was 3 x the legal limit for alcohol. ---
**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\ **Post date:** [December 18, 2008, 5:50pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/24 "2008-12-18T17:50:22Z")
> [@cmosdes](#): > > 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. Note that this ‘evidence’ is alleged by the girl’s lawyer. Whether there is any evidence, or even something that can be twisted into evidence is still uncertain. Right now, that evidence is in the FUD category from my point of view. One of the comments references that a friend of the father removed the black box from the SUV the girl was driving before it could be reviewed. No cite, but I’m assuming he was refering to an earlier news article. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 18, 2008, 5:58pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/25 "2008-12-18T17:58:13Z")
> [@brazil84](#): > > Do you have a cite for that? Because I don’t think that’s necessarily the case. > > I think that the ordinary rules of negligence (and negligence per se) would apply. > > Here’s a hypothetical: Suppose that a child is a passenger in a car being driven by an intoxicated person. A speeding UPS truck (with a sober driver) runs into the car, seriously injuring the child. By your rule, which puts 100% of the fault on the drunk driver, the child’s only claim would be against the driver of his or her car. The child would have no claim against the speeding UPS driver. No cite, hence the word “thought” and the “?” But I do seem to recall cases where someone was driving drunk and it was CLEARLY totally the other persons fault and the drunk driver was hung out to dry. Never said it was fair either. Or my idea for that matter. But it does make sense from a social standpoint to keep people from drunk driving. Kinda like you can get in big trouble just from waving a gun around even if you never hurt anyone or intend to. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [December 18, 2008, 6:01pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/26 "2008-12-18T18:01:15Z")
> [@brazil84](#): > > Do you have a cite for that? Because I don’t think that’s necessarily the case. > > I think that the ordinary rules of negligence (and negligence per se) would apply. > > Here’s a hypothetical: Suppose that a child is a passenger in a car being driven by an intoxicated person. A speeding UPS truck (with a sober driver) runs into the car, seriously injuring the child. By your rule, which puts 100% of the fault on the drunk driver, the child’s only claim would be against the driver of his or her car. The child would have no claim against the speeding UPS driver. In theory, yes, it can be completely the fault of the sober driver. The trick is proving that in court. If you’ve got one sober driver, and one completely snookered driver, it’s going to be hard to prove that the accident would not have happened had the other driver’s reflexes not been impaired. Unless the sober driver was doing something incredibly egregious, like driving on the wrong side of the street, most juries are going to put the blame on the drunk. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 18, 2008, 6:05pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/27 "2008-12-18T18:05:15Z")
> [@Projammer](#): > > One of the comments references that a friend of the father removed the black box from the SUV the girl was driving before it could be reviewed. No cite, but I’m assuming he was refering to an earlier news article. So, a judges friend tampered with evidence? yeah, between the lawsuit and the tampering, this is one judge I’d have alot of respect for. ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [December 18, 2008, 6:06pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/28 "2008-12-18T18:06:11Z")
> [@lieu](#): > > ??? Not that she didn’t but where does it say that? I only see reference to one Matthew McNiece. There was another? It was the “last year” thing that confused me. Next time I’ll try reading for comprension. My bad. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 18, 2008, 6:08pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/29 "2008-12-18T18:08:36Z")
> [@Miller](#): > > Unless the sober driver was doing something incredibly egregious, like driving on the wrong side of the street, most juries are going to put the blame on the drunk. The other thing is, drunk driving is illegal not JUST because drunks cause accidents, they are much more likely to be in a condition that makes it much more likely they won’t be able to prevent one, even if the other party makes an error, either large or small. So that there also takes away some of the “its the OTHER guys fault” aspect of defense. ---
**Author:** ![Mtgman](https://avatars.discourse-cdn.com/v4/letter/m/b5a626/32.png) [@Mtgman](https://boards.straightdope.com/u/Mtgman)\ **Post date:** [December 18, 2008, 7:11pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/30 "2008-12-18T19:11:45Z")
> [@Projammer](#): > > Houston isn’t so far away that I can’t drive down there and slap someone. Anyone want to chip in for gas money? No, but I’ll join you for a couple rounds before you leave, and even buy you one for the road. Enjoy, Steven ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 18, 2008, 7:22pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/31 "2008-12-18T19:22:03Z")
> [@brazil84](#): > > 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: > “During Shelton’s trial, an expert for the defense testified there was evidence that Bennett swerved into Shelton’s lane” And in the very next sentence it says: “An expert for the prosecution, however, said there wasn’t evidence that Bennett got in her way.” Also, the _truck driver_ wasn’t responsible for the insurance on the vehicle. It was a company vehicle and the company he was working for had let the insurance lapse. Shelton was already convicted of intoxication manslaughter. The truck driver wasn’t. So that means, a jury has already found, beyond any reasonable doubt, she is the one who is responsible. ETA: And she was 20 at the time of the accident so drinking underage. ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 18, 2008, 7:45pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/32 "2008-12-18T19:45:06Z")
My mistake, the girl was 19 at the time she ran into the back of the truck. Interesting. There was an independent witness to the accident, and he rushed to give Shelton assistance. But the witness testified that he was driving at 60mph when the girl blew right past him then lost control and hit the truck. Daddy Judge accused him of being an illegal immigrant. Daddy Judge also _falsely_ accused the truck driver of being the subject of a “hot check warrant” and for failing to stop at the scene. So it seems he was making all sorts of baseless allegations on his daughters behalf. And on the witness stand he testified that at the hospital, she told him that the truck had swerved… which was directly refuted by a doctor who was present in the room at the time, who said she kept telling her parents: “Wah! It’s all my fault! I want to die!”" ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 18, 2008, 7:45pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/33 "2008-12-18T19:45:55Z")
> [@Swallowed\_My\_Cellphone](#): > > ETA: And she was 20 at the time of the accident so drinking underage. I bet she was eating Buckeyes at the time to boot 🙂 ---
**Author:** ![OtakuLoki](https://avatars.discourse-cdn.com/v4/letter/o/ac8455/32.png) [@OtakuLoki](https://boards.straightdope.com/u/OtakuLoki)\ **Post date:** [December 18, 2008, 7:53pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/34 "2008-12-18T19:53:51Z")
> [@Frylock](#): > > 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- **Frylock** , that was one of my Pit threads. AIUI the officer in question was being covered by Worker’s Comp for her immediate health care needs, but was suing, on her own, for unspecified future needs. (Which isn’t entirely unreasonable - a broken joint like that is nearly guaranteed to be facing severe arthritis as the person ages.) When the story generated a **huge** amount of backlash, the cop involved did pull the suit. Here’s the [Pit thread](http://boards.straightdope.com/sdmb/showthread.php?t=439873) which chronicles the whole thing. ---
**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\ **Post date:** [December 18, 2008, 8:09pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/35 "2008-12-18T20:09:30Z")
Not doubting you **Swallowed My Cellphone** , but could we get a cite for your info? Thanks. And as **Morganstern** pointed out. Listing 16 defendants reeks of throwing out as big a net as possible to see what they can catch. I’m guessing they’re hoping someone will decide that settling is cheaper than litigation. I’m just trying to think of 16 potential defendants. Truck driver. His company. The lapsed insurance provider. The bank holding the note on the truck. Whomever served her the alcohol Umm. drawing blanks now. Lexus for manufacturing her SUV. Jack Daniels for making whiskey. TXDOT for authorizing a road be built there. That’s 8 or 9 and I’m out of ideas. ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 18, 2008, 8:15pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/36 "2008-12-18T20:15:07Z")
> [@Projammer](#): > > Not doubting you **Swallowed My Cellphone** , but could we get a cite for your info? Thanks. Oy! I was Googling old news stories and went through a pile. I’ll see if I can go back and dig them up… ---
**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\ **Post date:** [December 18, 2008, 8:18pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/37 "2008-12-18T20:18:30Z")
> [@Swallowed\_My\_Cellphone](#): > > … so drinking underage. Correct. She was (as you added) 19 at the time. In Texas, _“… no one under the age of 21 is allowed to purchase, posses, or consume alcohol. Possession and consumption of alcohol is legal for minors if under the supervision of a parent, guardian or spouse. Anyone under the age of 21 can not drive a motor vehicle with any traceable amounts of alcohol in the blood stream.”_ From [youthrights.org](http://youthrights.org) and [www.capitol.state.tx.us/statutes](http://www.capitol.state.tx.us/statutes) ---
**Author:** ![Happy\_Fun\_Ball](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_fun_ball/32/17664_2.png) [@Happy\_Fun\_Ball](https://boards.straightdope.com/u/Happy_Fun_Ball)\ **Post date:** [December 18, 2008, 8:28pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/38 "2008-12-18T20:28:36Z")
More information on the case: [http://www.freerepublic.com/focus/f-news/1907571/posts](http://www.freerepublic.com/focus/f-news/1907571/posts) [http://www.txcn.com/sharedcontent/dws/txcn/houston/stories/khou061025\_jj\_judgesdaughter.7292698d.html](http://www.txcn.com/sharedcontent/dws/txcn/houston/stories/khou061025_jj_judgesdaughter.7292698d.html) [http://lastrow.wordpress.com/2007/10/25/elizabeth-shelton-and-justice/](http://lastrow.wordpress.com/2007/10/25/elizabeth-shelton-and-justice/) From these, both the woman and her father come off as assholes… ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 18, 2008, 8:43pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/39 "2008-12-18T20:43:18Z")
Drat, this is going to take awhile. But this blog copies in its entirely an [link deleted - see note below] article by the Houston Chronicle’s Rick Casey. You may be able to see the same article in [Google’s cache](http://74.125.95.132/search?q=cache:TwoO3Ax9Vd0J:www.chron.com/disp/story.mpl/metropolitan/casey/5207627.html+%22elizabeth+shelton%22+judge+%22illegal+immigrant%22&hl=en&ct=clnk&cd=7&gl=ca) but the original isn’t on the Chronicle site anymore and it’s easier to read on the blog site. There are similar comments regarding the Judge’s behavior on a [lawyers blog](http://hacklawyer.net/?p=483) (the lawyer is based in Amarillo. Another [link deleted] copy of an Houston Chronicle article which is a little pro-judge, IMHO, and starts off with the defense expert (who was contradicted by the prosecution expert as well as witnesses) mentions: > [@](#): > > Prosecutors had hoped to examine the crash data recorder, or “black box,” in Shelton’s car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton’s mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant. > > Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside. Saying officals “refused to look at the date” sounds all conspiracy-like, but the data was no longer reliable once the evidence chain was so severely compromised (anyone could have mucked with it). How did a defense attorney manage to get to the black box first? Dumbass cops didn’t take the SUV to a _police_ lot. :smack: [Another article](http://www.txcn.com/sharedcontent/dws/txcn/houston/stories/khou061023_ac_swfwydeath.6840aff3.html) says it was the girl’s SUV that in fact swerved across two lanes of traffic to hit the truck. (Note: the article may be confusing because it talks about witnesses and then quotes the truck driver, but as far as what I saw in other articles they were two separate statements from two separate people.) Since the 19-year-old boyfriend was hanging out the window, he was almost decapitated. **[Mod note**: Folks, not to get all legal on you, but please don’t link to pirated copies of copyrighted articles - this is a major problem for Straight Dope columns, and we don’t want to encourage it. Link to the original or to the Google cache. The Google cache may not be strictly legal either, but we’ll let Google and the Houston Chronicle fight it out. -EZ] ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [December 18, 2008, 8:55pm UTC](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747/40 "2008-12-18T20:55:19Z")
> [@Swallowed\_My\_Cellphone](#): > > So that means, a jury has already found, beyond any reasonable doubt, she is the one who is responsible. In a criminal trial, not a civil one. Sometimes those things don’t coincide. Remember OJ? [Previous page](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747.md?page=1) [Next page](https://boards.straightdope.com/t/judges-daughter-sues-driver-she-ran-into-during-crash-ro/477747.md?page=3)