Florida death row inmate William Deparvine has a bona fide law degree, which has helped him keep going in his extensive litigation against the survivors of Richard and Karla Van Dusen. Deparvine was found guilty at trial of killing the Van Dusens for their vintage Chevy pickup, which he claims to have bought. [St. Petersburg Times via Obscure Store, whose headline is quoted above]
Posts Tagged ‘personal responsibility’
Owner of stolen car sued in hit-run death
Lawyers for the family of Robert Ogle say it was negligent for David Jaber to leave his running car unattended outside a Queens, N.Y. deli. The Kia Spectra was then stolen by Kenneth Guyear who proceeded to run down Ogle. [New York Daily News via Miller]
NYC subway track totterer awarded $5.95 million
You can hardly blame the lawyers for the Metropolitan Transportation Authority if they thought the case looked defensible. John Hochfelder:
the jury heard evidence that on December 12, 2002, James Sanders fell onto the tracks as a subway car in Brooklyn was coming into the station at about 15 mph. The jury was also apprised of the facts that Sanders had been returning from methadone treatment and had drunk pure rum before entering the station (a fact he initially denied).
Then, there were these additional facts:
- Sanders could not recall why he fell
- the motorman’s speed was no more than 15 mph
- witnesses testified that the train was no more than 20 feet away when Sanders fell onto the track
The “last clear chance” doctrine, as Hochfelder explains, provided enough of a basis for Sanders’ lawyer to persuade a jury that the subway motorman was 70 percent responsible for the accident.
More on tipsy track totterers: Feb. 19, etc.
If deathly allergic to burger condiments, consider checking for their absence
This vital step in an allergy-mitigation protocol appears not to have been undertaken by Darius Dugger of Portsmouth, Va., who says he specifically asked that Burger King omit the onions, tomato and pickle from his sandwich, but that they ignored his request, resulting in the severe allergic reaction for which he’d like $100,000. [Norfolk Virginian-Pilot via Patrick at Popehat] He says he’d already taken a bite and swallowed by the time he realized their error, as opposed to, you know, peeking under the bun to see. Earlier on West Virginia McDonald’s “hold the cheese” suit here.
Goodyear v. Kirby
19-year-old Sidney Odom happily went along when 20-year-old Travis Kirby and 18-year-old Riley Strickland asked “Who wants to go to the Beacon?”—a bar in Terry, Mississippi. A long night of drinking and driving came to an end at about 3 am when Kirby’s Camaro hit a tree at about 90 mph. As none of the three were wearing seatbelts, all were ejected from the vehicle. Kirby, whose blood-alcohol level was three times the legal limit at 0.25%, died at the scene; the other two were injured.
Since we’re talking about the case, you can guess that the three blamed everyone except the underage drunk drivers: in this case, the car seller, the tire installer, and the tire manufacturer, Goodyear Tires. The car seller settled for about half a million dollars; a Copiah County jury found the other defendants liable for an additional $2.1 million. Goodyear appealed, complaining about various prejudicial statements made by the plaintiffs’ attorneys, such as introducing evidence from other lawsuits about other types of tires, but the Mississippi state appellate court affirmed. (Holbrook Mohr, “Miss. court agrees tire, not alcohol caused crash”, AP/Washington Post, Apr. 22; Goodyear Tire & Rubber Co. v. Kirby (Miss. App. 2009)).
Carelessness for millions in New York City
Dustin Dibble was intoxicated when a Manhattan subway train ran over him in 2006, but a jury found the transit authority 65% responsible in February: $2.3 million for the lost right leg.
James Sanders stumbled onto the tracks and was hit by a train in 2002, but a New York City jury again found him only 30% responsible: $7 million for a lost right leg and eye.
Gloria Aguilar did not look both ways when she crossed the street; there was a dispute whether she was in the crosswalk. A Manhattan jury–after a seven-week trial–found the transit authority 100% responsible, and awarded $27.5 million for her lost left leg; a judge refused to reduce that figure.
Clearly a left leg is more valuable than a right leg. Or, as I’ve noted several times in the past, noneconomic damages are essentially random jackpots.
New York City is appealing all three verdicts. (Liz Robbins, “Woman Run Over by Bus Is Awarded $27.5 Million”, New York Times, Apr. 16).
10 year old on ATV swerves into truck’s path
Police did not file charges last year against 61-year-old Richard L. Robertson of Sedalia, Missouri, after his pickup truck struck and killed a 10 year old girl riding an all-terrain vehicle. “Law enforcement officials said they determined [Jordan Keith] swerved out in front of Richardson and he couldn’t stop in time.” Parents Michael and Lesli Keith have sued Richardson anyway, accusing him “of being negligent and failing to drive more carefully or sound a warning”. [AP/Columbia Missourian]
Plaintiff operated vehicle “in a safe and prudent manner”
Except for, you know, falling asleep.
Motorcyclist crashes into wild pigs on road
And many happy returns to California taxpayers for the $8.6 million, courtesy of a Monterey County jury. Lowering the Bar: “I can’t remember how many times I have tried to warn people that bad things were going to happen if we didn’t tame our state’s boars and train them to be alert for drunk drivers when crossing the street. Why don’t people listen?”
Claim: Hazing led to “unwise actions” two months later
“A man serving a five-year sentence for a fatal traffic accident in Kansas City has filed a lawsuit against Tulane fraternity Signa Alpha Mu, claiming hazing led him to take ‘unwise actions.’ … [The lawsuit] claims [Curtis] Mertensmeyer was hazed at Tulane two months before the incident [a fatal hit-run while speeding after drinking] and that he has developed post-traumatic stress disorder that caused him to ‘take unwise actions because of a breakdown in his decision-making process in stressful situations.'” [AP/Nola.com]