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  1. #1
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    FL - Three killed, one injured by drunk driver, Hudson, 25 Dec 2007

    In our continuing series, Insane Lawsuits, we have the dubious pleasure to present an enterprising gentleman from Florida. Meet David Belniak, 38:



    This amazing specimen of human intellect drove under the influence of alcohol, cocaine and Xanax, crashed into the back of a car that was stopped in a red light, driving 88mph in a 55mph zone, killing three people in 2007 and the fourth injured person never fully recovered and died last year. Mind you, it was not the first time he killed someone while driving, he had hit a pedestrian in 1997.

    He admitted his guilt. Obviously the stopped vehicle didn't crash into him, so....

    Anyway, guess what this shining beacon of human decency has now decided to do?

    Anyone?
    Anyone?

    Right, the gentleman in the blue shirt in the back row guessed it.

    Our genial friend is suing the dead driver's estate for $15.000 and demands compensation for pain and suffering, mental anguish and loss of capacity for the enjoyment of life'.


    http://www.dailymail.co.uk/news/arti...-injuries.html

  2. #2
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    Insane is definitely the right word for this man. Geez.

  3. #3
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    Florida Man Guilty of DUI Manslaughter Sues Victim

    http://news.yahoo.com/blogs/abc-blog...-abc-news.html

    A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.

    David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.

    McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.
    ------

    "There aren't any facts that support the allegation [Tuomey] is making," Deskins added. "That's why the victims' family is breathless" at Belniak's suit.

    Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70to 90 mph, and never veering or braking, rear-ended him, Deskins said.


    More at link....

  4. #4
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    oh pfffftttt..

    It's hard to dispute six eyewitnesses who said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him.

    Then there's little tid-bit:

    Belniak was sentenced to 12 years in prison, where he remains.

    There's NO way a judge or jury is gonna give this guy a nickel. But what really irks me is he is putting the family through more pain! Grrrrrrr......

    MOO

    Mel

  5. #5
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    Unbelievable. Yet strangely, not surprising.

  6. #6
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    A little more detail here.

    http://autos.aol.com/article/why-a-c...usauto00000020

    He is represented by his sister who is an attorney. It sounds like she is a world class enabler.

    Attorney Debra A. Tuomey, in making her brother's filing, said the Florida Highway Patrol's investigation of the case was a "government sanctioned assassination against one individual." Her suit suggests that the police and prosecutor's office were driven by Belniak's history as a DUI driver and convicted drug dealer rather than the facts of the accident .

  7. #7
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    My knowledge of American civil law is shocking so I hope you don't mind me asking, but can judges over there throw cases out before they're heard for being frivolous or without merit? If the family of these poor people are forced to run up a legal bill for defending this action (I know if he loses, costs will be awarded - but how the hell is he going to be able to pay them?), I'll just give in.

    In the UK, we have a list of 'vexatious litigants', which prevents idiots from continually filing suit for frivolous reasons. They have to ask for special dispensation from the court, if they feel the need to sue someone because they don't like the shape of their toenails.

    I have no words for the level of stupidity, selfishness and self-entitlement needed to do something like this. I just don't. Sister Attorney should take alternative employment as a professional village idiot.
    "It is well known that a vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a halfbrick in the path of the bicycle of history" - Terry Pratchett

  8. #8
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    Quote Originally Posted by davehead21 View Post
    Insane is definitely the right word for this man. Geez.
    I'd use the word but I'd get banned.

    Quote Originally Posted by MsWeatherwax View Post


    My knowledge of American civil law is shocking so I hope you don't mind me asking, but can judges over there throw cases out before they're heard for being frivolous or without merit? If the family of these poor people are forced to run up a legal bill for defending this action (I know if he loses, costs will be awarded - but how the hell is he going to be able to pay them?), I'll just give in.

    In the UK, we have a list of 'vexatious litigants', which prevents idiots from continually filing suit for frivolous reasons. They have to ask for special dispensation from the court, if they feel the need to sue someone because they don't like the shape of their toenails.

    I have no words for the level of stupidity, selfishness and self-entitlement needed to do something like this. I just don't. Sister Attorney should take alternative employment as a professional village idiot.
    Yes, judges can throw frivolous suits out, but it doesn't happen as much as it should. I LOVE the idea of making certain people have to get permission to sue after filing frivolous suits over and over.

  9. #9
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    Quote Originally Posted by MsWeatherwax View Post


    My knowledge of American civil law is shocking so I hope you don't mind me asking, but can judges over there throw cases out before they're heard for being frivolous or without merit? If the family of these poor people are forced to run up a legal bill for defending this action (I know if he loses, costs will be awarded - but how the hell is he going to be able to pay them?), I'll just give in.

    In the UK, we have a list of 'vexatious litigants', which prevents idiots from continually filing suit for frivolous reasons. They have to ask for special dispensation from the court, if they feel the need to sue someone because they don't like the shape of their toenails.

    I have no words for the level of stupidity, selfishness and self-entitlement needed to do something like this. I just don't. Sister Attorney should take alternative employment as a professional village idiot.
    Jonathan Lee Riches comes to mind.

  10. #10
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    Angry

    The family should sue him to oblivion.


  11. #11
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    Quote Originally Posted by HMSHood View Post
    Jonathan Lee Riches comes to mind.
    I'd never heard of him before! Suing the Eiffel Tower...at least that takes some imagination. I see he's due to be released in March - at least he'll have something to keep himself occupied with, I guess.

    So if the judge doesn't throw this out, the family of the people killed could end up out of pocket for the cost of defending the action? That seems so unfair.
    "It is well known that a vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a halfbrick in the path of the bicycle of history" - Terry Pratchett

  12. #12
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    Quote Originally Posted by MsWeatherwax View Post
    I'd never heard of him before! Suing the Eiffel Tower...at least that takes some imagination. I see he's due to be released in March - at least he'll have something to keep himself occupied with, I guess.

    So if the judge doesn't throw this out, the family of the people killed could end up out of pocket for the cost of defending the action? That seems so unfair.
    I believe in some suits the judge can make the plaintiff pay all costs, including the defendants legal bills.

    I hope the family gets even more now. I hope they bring this up in their pain and suffering phase of their suit.

  13. #13
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    But if he's in prison, he won't be able to pay them anything surely?

    They should make the attorney jointly liable for any costs incurred from the defence of frivolous lawsuits. I bet we'd see a drop in them then!
    "It is well known that a vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a halfbrick in the path of the bicycle of history" - Terry Pratchett

  14. #14
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    This reminds me of the Justine Winter case......

    http://abcnews.go.com/US/montana-tee...ry?id=14268311

  15. #15
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    Quote Originally Posted by iluvmua View Post
    This reminds me of the Justine Winter case......

    http://abcnews.go.com/US/montana-tee...ry?id=14268311

    Well another sick family exists, I hope the Petkovs don't hear about this.

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