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+--- Thread: Driver sues family of cyclist she killed for mental anguish (/showthread.php?tid=166696)
Re: Driver sues family of cyclist she killed for mental anguish - Lizabeth - 04-28-2014
Counter sue her, her husband, his police department, the bar she drank at and oh, the lawyers and their bar association...
This type of suit just lines the LAWYERS' pockets, nobody else's.
Her husband LET her drive after drinking??? What was HE thinking???????
Sad...
Re: Driver sues family of cyclist she killed for mental anguish - DP - 04-28-2014
I feel that a lawsuit like this should never have been able to be filed. She was speeding at night on a dark road on wet pavement. And she says the boys were negligent? That they were "incompetent bicyclists"?
The counter suit claims she was impaired from alcohol, talking on her phone, and in addition, her husband is a cop-this smells pretty bad...
I see an unscrupulous lawyer convincing her that she's the victim here.
Re: Driver sues family of cyclist she killed for mental anguish - lost in space - 04-28-2014
Lizabeth wrote:
Counter sue her, her husband, his police department, the bar she drank at and oh, the lawyers and their bar association...
This type of suit just lines the LAWYERS' pockets, nobody else's.
Her husband LET her drive after drinking??? What was HE thinking???????
Sad...
I've known a few cops who weren't up to snuff in the brains department.
Truly sad. If she has the resources, she could bankrupt the families with costs of the suits, though there're more of them.
Re: Driver sues family of cyclist she killed for mental anguish - Mr Downtown - 04-28-2014
What rule would you put in place regarding what lawsuits can be filed?
We usually count on the courts—not the court clerk—to decide what the facts are and what actions are repugnant to society.
Re: Driver sues family of cyclist she killed for mental anguish - Kraniac - 04-28-2014
Weird. I just noticed that this story didn't even phase me.
Re: Driver sues family of cyclist she killed for mental anguish - DP - 04-28-2014
What rule would you put in place regarding what lawsuits can be filed?
She was speeding in the dark on a wet road, possibly intoxicated, possibly talking on the phone. She says she didn't see the boys. So she wasn't in command of her faculties, nor did she have situational awareness, which is every driver's responsibility. It could have been deer running in front of her or any number of other situations. The kids were out at night and that probably wasn't too good of an idea but it wasn't illegal for them and she killed one of them. If this happened to me, I'd be in jail for negligent homicide at the least. But her husband's a cop and no charges were filed?
She may have suffered mental anguish, etc., but it was her fault! So now the kid's family has to hire a lawyer to fight this, meaning they have to spend time, money, money, time, reliving the horror over and over for something that wasn't their fault and wouldn't have happened if this woman was in control.
I would say she brought on the mental anguish to herself and therefore shouldn't be able to sue. The only people who will "benefit" from this are the lawyers...
Or at the least, if a frivolous lawsuit is filed and lost, the defendant should be compensated for their time involved, lawyer fees, and damages, and maybe even personal damages paid out of the pocket of the lawyer(s).
This is a case involving a death. But when you see lawyers making money against fast food chains for making the customer fat, something is very wrong. Doesn't even have to get to court-a lawyer will at the very least will take a retainer to file the suit. And it costs all of us in the long run.
Re: Driver sues family of cyclist she killed for mental anguish - Bill in NC - 04-28-2014
Motion to dismiss.
Re: Driver sues family of cyclist she killed for mental anguish - Chakravartin - 04-28-2014
billb wrote:
Sounds like a routine countersuit searching for any amount of liability insurance to me, likely presented by her/their insurance company , maybe on their behalf, maybe on their own. Because we all know insurance companies don't retain lawyers to protect their interests despite what their clients/policy-holders may or may not want.
That's exactly what it looks like to me.
There's no indication that she was negligent or drunk, but the family is alleging both, trying to squeeze more money from her insurance company, so they returned the favor with a countersuit.
Then the family ups the ante by calling in the press.
...Which is a trump card. Probably gonna settle within a couple of days.
Edit: ...And don't tell me that 6mph over the limit is negligent. If it is, you're all extremely reckless.
Re: Driver sues family of cyclist she killed for mental anguish - Buzz - 04-28-2014
"There's no indication that she was negligent or drunk..."
"Edit: ...And don't tell me that 6mph over the limit is negligent. If it is, you're all extremely reckless."
Uh, negligent is running over kids on bicycles... not one kid, not two kids, but three kids, out of three kids riding their bikes were hit. Negligent was incorrectly assuming she had the road all to herself; probably because it was the wee morning hours... after all, there shouldn't be any kids out riding bikes, or animals running around at that hour; bad assumption-- always pay attention while driving, or don't drive. And if you can't pay attention, for any reason, don't drive. 6mph in and of itself doesn't speak to much; hitting three kids from behind while driving an SUV speaks volumes.
I don't know if she was drunk; but she was negligent.
The lawsuits ought to settle, a trial does not bode well.
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Re: Driver sues family of cyclist she killed for mental anguish - Chakravartin - 04-28-2014
Oh, right! It's always the driver's fault when kids are involved. Negligence is presumed.
Sorry. I forgot about that law.