04-28-2014, 02:27 PM
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.
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.