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

Discussion in 'Recently Sentenced and Beyond' started by Donjeta, Jan 18, 2012.

  1. Donjeta

    Donjeta Adji Desir, missing from Florida

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

    [​IMG]

    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/art...-deceased-victim-mental-anguish-injuries.html
     
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  3. davehead21

    davehead21 New Member

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    Insane is definitely the right word for this man. Geez.
     
  4. Reader

    Reader New Member

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    http://news.yahoo.com/blogs/abc-blo...laughter-sues-victim-130753893--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....
     
  5. Melanie

    Melanie Inactive

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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
     
  6. oh_gal

    oh_gal New Member

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    Unbelievable. Yet strangely, not surprising.
     
  7. Donjeta

    Donjeta Adji Desir, missing from Florida

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    A little more detail here.

    http://autos.aol.com/article/why-a-...-suing-his-victims/?ncid=txtlnkusauto00000020

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

     
  8. MsWeatherwax

    MsWeatherwax "I Aten't Dead..."

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    :waiting:

    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. :maddening:
     
  9. Steely Dan

    Steely Dan Former Member

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    I'd use the word :censored: but I'd get banned.

    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.
     
  10. HMSHood

    HMSHood Admiral-Class Battlecruiser

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    Jonathan Lee Riches comes to mind. :crazy:
     
  11. HMSHood

    HMSHood Admiral-Class Battlecruiser

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    The family should sue him to oblivion. :furious:
     
  12. MsWeatherwax

    MsWeatherwax "I Aten't Dead..."

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    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. :maddening:
     
  13. Steely Dan

    Steely Dan Former Member

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    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.
     
  14. MsWeatherwax

    MsWeatherwax "I Aten't Dead..."

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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!
     
  15. iluvmua

    iluvmua New Member

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  16. Steely Dan

    Steely Dan Former Member

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  17. legalmania

    legalmania Verified Paralegal

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    I wonder if this guy even had insurance? The only way this family will see any money is through his insurance. I have read a few cases like this, one guy sued because he was hurt while burglarizing a house and got hurt, and yes , he won.
     
  18. Donjeta

    Donjeta Adji Desir, missing from Florida

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    Following up from June...

    http://www.tampabay.com/news/courts...-christmas-2007-crash-was-unavoidable/1234317

    So the brainiac says that the accident was unavoidable but it sounds to me that if only he hadn't been driving so high he would have noticed that there was a red light and would not have approached it going 55 mph and more without braking which would have meant that even if the other driver changed lanes abruptly the crash would have happened at a lower speed and not been as dangerous. Totally avoidable, unless it was the "driving high" part that was unavoidable, for him.

    The result of the trial:


    http://www.tampabay.com/news/courts...ns-in-fatal-christmas-2007-crash-case/1234935

    Not sure if the guy has two dimes to rub together let alone millions to pay anybody but at least he didn't win his lawsuit.
     
  19. Steely Dan

    Steely Dan Former Member

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    His auto insurance should cover up to the limit on his liability, whatever that is.
     
  20. deca

    deca New Member

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    I think most insurances I have looked at seem to have a cap of $250,000/per person injured. So are there ones that have no limit?
     
  21. Donjeta

    Donjeta Adji Desir, missing from Florida

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    I have no idea but if I was an insurance company I'd have charged him an arm and a leg for a no limit liability policy after he had already killed one person in traffic.
     

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