# Limo company blames Bob Simon for his own death **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [July 25, 2015, 6:00pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171 "2015-07-25T18:00:01Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [July 25, 2015, 6:00pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/1 "2015-07-25T18:00:01Z")
[Story here](http://nypost.com/2015/07/23/car-company-blames-bob-simon-for-his-limo-crash-death/) > [@](#): > > Simon, 73, understood “all risks and dangers” and “assumed the risk” when he climbed into the back seat of a Lincoln Town Car last February, Skyline Credit Ride says in the Manhattan Supreme Court filing. > > Once inside, the legendary newsman “failed to use or misused available seat belts, and thereby contributed to the alleged injuries,” the company claims — an allegation Simon’s side flatly disputes. > > \ > > Yet the filing ignores the issue of the black-car driver’s ability — or lack thereof. The driver, Abdul Reshad Fedahi, 44, had nine license suspensions and two speeding convictions on his record — and was driving with one hand because his right arm had been rendered useless due to a suicide attempt. So, if Simon had been wearing his seatbelt, everything would be hunky dory? ---
**Author:** ![jimbuff314](https://avatars.discourse-cdn.com/v4/letter/j/c57346/32.png) [@jimbuff314](https://boards.straightdope.com/u/jimbuff314)\ **Post date:** [July 25, 2015, 6:27pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/2 "2015-07-25T18:27:59Z")
The best defense is a good offense? Or, in this case, the only conceivable attempt at a defense is by blaming the victim. ---
**Author:** ![Sario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sario/32/18580_2.png) [@Sario](https://boards.straightdope.com/u/Sario)\ **Post date:** [July 25, 2015, 6:31pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/3 "2015-07-25T18:31:30Z")
NINE license suspensions?!?! I would think you would be perma-banned from driving after your fourth or fifth. ---
**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\ **Post date:** [July 25, 2015, 6:32pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/4 "2015-07-25T18:32:55Z")
I’d counter sue for hiring a driver like that! ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [July 25, 2015, 6:40pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/5 "2015-07-25T18:40:37Z")
“alleged injuries”? That is an odd concept. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [July 25, 2015, 6:48pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/6 "2015-07-25T18:48:21Z")
> [@bobot](#): > > “alleged injuries”? That is an odd concept. That simply means the injures alleged in the complaint. It encompasses more than the death, and would include things that might be debatable, such as pre-death pain and suffering, and the amount of economic loss. It is common for defendants to put things like failure to wear seatbelts in their Answer, to preserve the argument on comparative fault. (Some jurisdictions don’t allow a “seatbelt defense,” but some do). ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [July 25, 2015, 7:46pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/7 "2015-07-25T19:46:25Z")
If Bob had been wearing his seatbelt, he might not have died, or his injuries might have been less severe. It is reasonable for the limo company to argue that Bob therefore bore some fraction of responsibility for the accident, and the company’s damages should therefore be reduced by that amount. See [comparitive negligence](https://en.wikipedia.org/wiki/Comparative_negligence). ---
**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\ **Post date:** [July 25, 2015, 9:01pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/8 "2015-07-25T21:01:09Z")
An even more important argument if NJ were a strict contributory negligence state. But it’s not. > **[Contributory negligence](https://en.m.wikipedia.org/wiki/Contributory_negligence)** > > In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. > Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plainti... ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [July 25, 2015, 11:58pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/9 "2015-07-25T23:58:02Z")
Walmart’s lawyers filed a similar motion in the Tracy Morgan case (no one in the limo wore a seat belt). They withdrew it within a week or two. I think both cases were in the same state? ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [July 26, 2015, 12:29am UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/10 "2015-07-26T00:29:52Z")
Normally I would imagine this is covered by insurance but given their driver’s sketchy driving record their insurer might be resisting covering them under some clause or other. If that’s the case the judgment against them could easily be in the millions and bust them. They will pull out all the legal stops in this case in trying to mitigate damages. ---
**Author:** ![Wile\_E](https://avatars.discourse-cdn.com/v4/letter/w/c37758/32.png) [@Wile\_E](https://boards.straightdope.com/u/Wile_E)\ **Post date:** [July 26, 2015, 5:17am UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/11 "2015-07-26T05:17:25Z")
The driver had “nine license suspensions and two speeding convictions on his record — and was driving with one hand because his right arm had been rendered useless due to a suicide attempt”, not to mention he was veering erratically and other customers had complained about his driving recently … why was this guy even allowed behind a wheel? ---
**Author:** ![Shoeless](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shoeless/32/7099_2.png) [@Shoeless](https://boards.straightdope.com/u/Shoeless)\ **Post date:** [July 26, 2015, 3:38pm UTC](https://boards.straightdope.com/t/limo-company-blames-bob-simon-for-his-own-death/726171/12 "2015-07-26T15:38:48Z")
> [@Sario](#): > > NINE license suspensions?!?! I would think you would be perma-banned from driving after your fourth or fifth. Somewhat off topic, but I saw an article in the newspaper this week about some guy who was given a year of jail time after his 17th DUI. My first thought was “it took 17 DUI convictions before he was sent to jail?” and the second was “Only a year?” Actually the article was unclear whether it was the first time he had been sentenced to jail for DUI, but those numbers are still mind-boggling.