Byrd would go over and whack their pee-pees without even looking at them.
I don’t even know how to respond to that story…
I think I wish that she had her husband in the van with her though*.
It is amazing the way the courts deal with these wonderful, upstanding citizens every day and don’t execute them.
*Yes, I’m a heartless bastard.
Yes, I remember posting to or at least reading about it here. As you’d expect, lots of RO. This just happened in July of '09.
You can wish that without being heartless. If he had been in the van with her, he is likely to have been able to tell her that she was going the wrong way before she crashed, so probably no one would have been killed. (The oldest person in the van was 8 years old, and might have noticed something was wrong without being able to tell her aunt that she should stop and turn around.)
Two threads about the case from August 2009, when it occurred. (BTW, I particularly followed the case because I used to live very close to that part of the Taconic Parkway.)
This is one time I pray the judge has the balls to tell the plaintiff, and his attorney, to go hump a manatee.
Ah, thanks for the links!
What have you got against manatees?
The Phillies have a relief pitcher named Antonio Bastardo.
I think all the Phillies’ pitchers are Bastardos.
Seems like a desparate move.
Resident Lawyers, does this have a chance of winning?
We need a new category of crime: Felony Stupid.
I’d even suggest a new layer of judicial circuits just for The Stupid,
and process whereby cases can be efficiently referred to these circuits.
I was raised as Felony Stupid, but with an assortment of lawyers defending me.
Um, my dad, a federal court judge, was unlikely to, nor willing to, NOT leave me to hang.
Loved the guy. Knew his limits. That wasn’t one of them. I accepted it.
It has now made it onto my list of awesome names along with Mingo Rodman and Staff Sgt. Max Fightmaster.
You mean somebody could be tried as a dolt?
I didn’t recall anything about this case, but I just looked up the Wikipedia article. Isn’t there a plausible theory that Schuler wasn’t intoxicated but was suffering from some medical condition? Several witnesses – park employees, restaurant servers, gas station attendants – said she was showing no signs of being drunk or high. The descriptions of her pulling over multiple times, vomiting on the roadside, having trouble seeing and speaking – sounds like it could plausibly have been a stroke or something. How sure are we that she was under the influence?
Toxicology reports indicate high levels of alcohol and THC in her system.
The whole thing sounds weird, if the family and friend reports are true that she was not drinking that day. Is it in the realm of possibility that the toxicology reports were mixed up, and someone else’s results were reported?
Well, the story linked in the OP begins with “Toxicology reports released days after the July 26, 2009, collision determined Diane Schuler of Long Island, N.Y., was drunk and high…” which I would take to mean a significant blood-alcohol level and some kind of opiate. A google on the phrase “diane schuler toxicology report” turns up accounts of her having alcohol and marijuana in her system, along with other cites disputing these findings.
Further muddying the waters is that Law & Order episode that adapted some details of the case (in their version, as I recall, the wrong-way driving mother had been drugged by someone who wanted to discredit her by getting her arrested for impaired driving, but had not anticipated that she would crash and killa bunch of people, including herself - it wasn’t that good an episode). I admit it is possible that she was suffering a medical condition but the crash was two years ago, so if there was evidence to be found, it’s well past due now.
I do not know New York law on this subject, but I can link you to a personal injury lawyer who blogged about the husband’s lawsuit. I see his point that New York could bear responsibility for a confusing roadway, but I don’t think weather-caused problems are the same as alcohol and drug-induced impairment.
The blogger notes that the case against the state is in a special court where it will proceed separate from all the other lawsuits.