This case, if true, may have fallen into the "hot coffee case" (you
Cosmo, should be well familiar with this!) On appeal, the next court to
hear that case reduced the payment to some several thousand dollars,
plus medical expenses.
This case sounds so exceedingly stupid, that I almost can't believe it.
But in auto accidents, there has always been the "last clear chance"
caveat: who had the last clear chance to prevent the accident,
regardless of "right of way," must do so. Roughly translated, this
means, that if the fool runs the red light, and you see it coming, and
COULD HAVE STOPPED IN TIME to prevent the accident, but fail to do so,
you bear some responsibility. You failed to mitigate damages. However,
I don't believe this is widely applied, and this case does not seem to
apply.
This follows from the tombstone epitath, which is real:
HERE LIES THE BODY OF JOHN O'DAY
WHO DIED DEFENDING HIS RIGHT OF WAY.
HIS WAY WAS RIGHT, HIS WILL WAS STRONG,
BUT HE'S JUST AS DEAD AS IF HE WERE WRONG.
Not to step on toes, but if it could be proven that this woman was on a
cell phone, she, but not the child deserved what she got. And the truck
company should have sued her estate and insurance company up the yazoo.
Cell phones are the single greatest danger to hit the highways since
drunk driving... Yet few States have taken the step to outlaw it, just
as drunk driving has been outlawed.
Cheers.
Cosmo Kramer wrote:
>A young lady and her child veered across a median into
>oncoming traffic, hit one of their trucks and both
>were killed.
>
>The family sued and in court it came out that the
>truck was moving at 3-5 mph over the posted speed
>limit. The attorney argued successfully that if the
>truck had not been speeding they would not have been
>at that place at
>that time, and the lady might not have hit anyone.
>----------------------
>Hi List!
>This is the type of thing that gets me upset, because
>the person crossed the medain, gets killed, & then
>sues to win. It's like rewarding people for doing
>something stupid or wrong. Thus punishing the
>innocent. This is what makes the court system a joke.
>Sorry if I have offened some lawyer, judge, etc.
>
>-Cosmo Kramer
>
>
>
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