Teen passenger in speeding car sues driver who was hit

Discussion in 'Up to the Minute' started by capoly, Aug 1, 2009.

  1. capoly

    capoly New Member

    Messages:
    2,523
    Likes Received:
    1
    Trophy Points:
    0
    Teen passenger in speeding car sues driver who was hit

    SALEM — The driver of a minivan who was seriously injured when she was struck head-on by a drag-racing teenager doing 81 mph is now being sued by the teenager's passenger, who was also injured.

    A lawsuit filed yesterday in Salem Superior Court suggests that Christine Speliotis "carelessly and negligent (sic) failed to avoid the collision with the other vehicle head on."

    http://www.salemnews.com/punews/local_story_212205251.html
     
  2. Loading...


  3. angelmom

    angelmom The love stays...forever in our hearts

    Messages:
    7,376
    Likes Received:
    0
    Trophy Points:
    36
  4. Angels_Not_Forgotten

    Angels_Not_Forgotten Anxiously Awaiting a WINNING NFL Season!

    Messages:
    1,750
    Likes Received:
    0
    Trophy Points:
    36
    wow, what balls, ya know? eh, hopefully the judge will see the stupidity in this suit and will throw it out AND give the passenger a good talking to.
     
  5. JBean

    JBean Retired WS Administrator

    Messages:
    52,752
    Likes Received:
    0
    Trophy Points:
    0
    Actually i don't think this is that uncommon is it? I think in reality they are suing the driver's insurance company to help pay for their suffering and/or injuries. I can think of 2 people i know offhand that were not at fault in collisions where they had passengers that were injured. The passengers sued the insurance company of the driver in both cases and got some money to help pay their bills.

    ETA: ok I re read more carefully and see he is suing the driver and the insurance company. I agree that is a bit much, but certainly to be expected these days.
     
  6. Buzz Mills

    Buzz Mills New Member

    Messages:
    23,626
    Likes Received:
    0
    Trophy Points:
    0
    time for major tort reform

    left to their devices. lawyers will never run out of unique, ways, and reasons, to bring suits. time to rein them in. draw some lines in the sand

    if not, our courts will continue to be overburdened, and overwhelmed, with even more frivilous law suits.

    lawyers are somehow continually attracted to the "deep pockets"

    always the possibility of quick, out of court, settlements, just to avoid any negative publicity

    lawyers have two reasons for taking cases, money publicity
     
  7. angelmom

    angelmom The love stays...forever in our hearts

    Messages:
    7,376
    Likes Received:
    0
    Trophy Points:
    36
    JBean, no one would complain if he were just suing the driver of the car he was in (the one that was going over 80 in a 30mph zone).

    But, this story is about him suing the woman they hit. Yep, suing her for "failing to avoid the collision" despite her not doing anything wrong, not being charged with anything, and being severely injured herself.

    She must have better insurance. Pure sleaze.
     
  8. ttrachel04

    ttrachel04 New Member

    Messages:
    424
    Likes Received:
    0
    Trophy Points:
    0
    I hope this doesn't end up with one of those complete moron judges that wants to give the kids a second chance so takes it out on this woman ...
     
  9. JBean

    JBean Retired WS Administrator

    Messages:
    52,752
    Likes Received:
    0
    Trophy Points:
    0
    LOL I should not read at night. I thought the occupant of the car that was not at fault was suing the driver of the car he was in. I got it now. slow but steady that's me.

    thanks angelmom.
     
  10. Angels_Not_Forgotten

    Angels_Not_Forgotten Anxiously Awaiting a WINNING NFL Season!

    Messages:
    1,750
    Likes Received:
    0
    Trophy Points:
    36
    :laugh:

     
  11. Nova

    Nova Active Member

    Messages:
    19,111
    Likes Received:
    0
    Trophy Points:
    36
    Almost everyone likes the idea of tort reform, but how would you go about it? The British system of forcing the loser to pay all court costs helps to reduce frivolous suits, but it also discourages the poor from asserting their rights against the wealthy and individuals from taking on big corporations.

    Since our government tends to favor big contributors, we need a tort system that helps to level the playing field, I think.
     
  12. LaLaw2000

    LaLaw2000 Louisiana

    Messages:
    12,362
    Likes Received:
    42
    Trophy Points:
    48
    Well, I am sitting here right now with a titanium plate with screws in my neck, long scars on both elbows, and one on my right knee compliments of a 16 year old driver who had no insurance.

    I was driving a small Mitsubishi Eclipse, and he was driving a very old heavy Jeep. My little car was totaled. I could not have 'avoided the collision' because I had no time to act. In the split second I could see what was going to happen, all I could do is brace myself and stand on my brakes.

    This kid got smart with the police officer who responded to the accident and was arrested.

    I was extremely lucky to have even gotten out of that tiny vehicle alive. I had to have 6 surgeries as a result of the accident. My husband had City of Shreveport insurance from having been a retired police officer. Anyway, our insurance paid for all of my surgeries because the little snot that hit me had no insurance. We could have sued his parents because he still lived at home, but they had nothing and no type of insurance on either of their vehicles. I wanted to sue them for medical. The old saying that you cannot get blood out of a turnip applied in my case.

    You can file anything you want to, but this is a case without merit and I am sure will be found as such. (better be)

    I am left without being able to ride horses anymore, which was my passion. I have terrible headaches and may have to have another neck surgery at some point.

    Sorry for the long post, but I am infuriated with this little snot and his lawyer. I am for tort reform to an extent, but I do feel a person should be able to sue when a case has true merit. I certainly would have sued if this little POS had insurance or anything else of value. The accident was his fault, not mine.

    **If anyone even jokingly accuses me of having a screw loose, I go :eek::eek::eek:!
     
  13. angelmom

    angelmom The love stays...forever in our hearts

    Messages:
    7,376
    Likes Received:
    0
    Trophy Points:
    36
    What about a system where it costs the losing ATTORNEY something as well as the person bringing a frivolous suit.

    I mean besides their "good name". Some of them don't care if they get the publicity, and some never had one to begin with.

    Maybe then they'd think twice about these stupid cases, and insurance co's would bother to fight. If the money went back to them to cover atty's fees, then it would be worth it to fight a few.

    I don't think it should be loser pays every time, because some cases really need to be heard. But if there is a determination of a frivolous or nuisance suit, then the attorney should be held responsible as well. After all, they are the ones who help their client determine if the case is appropriate, right? They are the ones who have been to law school. You wouldn't sue a patient whose doctor wrote the wrong prescription!

    Too many people are getting bad "prescriptions" from sleazy lawyers who will do anything to make a buck or get their name in the news. The only way to make them stop is to hit them where it hurts - in the wallet. And then maybe put their name and picture in the paper next to their fine for being a :loser:
     
  14. Nova

    Nova Active Member

    Messages:
    19,111
    Likes Received:
    0
    Trophy Points:
    36
    Um, in fact, angelmom, that IS the system we have now. When a lawyer takes a case on contingency--as lawyers do in many if not most civil suits--and loses, she eats the tens of thousands to hundreds of thousands of dollars it took her to prep and try the case.

    Which may be why some lawyers look for cases with big payoffs: it's a way to support the cases they lose.

    Some have proposed we abolish the practice of paying lawyers with a share of the eventual settlement or award, but to do so will effectively banish the poor from the judicial system.
     
  15. Nova

    Nova Active Member

    Messages:
    19,111
    Likes Received:
    0
    Trophy Points:
    36
    ******, I don't believe anyone has argued that everything is perfect in any country, EXCEPT, of course, Americans who frequently insist that this is "the greatest country on earth" and anyone who criticizes it is somehow a liar and a traitor.

    That being said, there's nothing wrong with looking at what works, and what doesn't, in other countries.

    The loser-pays-all system does indeed date from centuries with rigid class systems that protected the rich and propertied. That it has survived may be in part because most of the countries you list have strong consumer protection laws.

    And for the record let us note that even here in the States, a judge may make a plaintiff pay all costs if the judge finds the lawsuit sufficiently frivolous.
     
  16. angelmom

    angelmom The love stays...forever in our hearts

    Messages:
    7,376
    Likes Received:
    0
    Trophy Points:
    36
    I'm not talking about their hours and resources being lost. They can fold that into their other business, and also take it as a loss on their taxes. I'm talking about a civil penalty and fine for things that blatantly waste court time. And NO tax deduction for the loss!
     
  17. capoly

    capoly New Member

    Messages:
    2,523
    Likes Received:
    1
    Trophy Points:
    0
    They need to just make one law that dictates all other laws....one that makes it illegal for lawmakers to make such stupid, lack of common sense laws.

    When I was a kid I realized that whether I was a perfect child or a wild hellion didn't matter....I was getting hit as soon as I walked through the front door. So I went the way of the hellion because when your young that's the most fun.

    That's what I see as the message of such stupid laws....why bother doing right when you'll still pay the price of wrong.

    And sometimes we see stupidity heaped upon stupidity. A couple years back MA tightened up the bike riding/helmet laws....even though the previous laws were rarely enforced. Millions of dollars have been spent educating kids about these laws in schools. A police officer teaches the program in my city. Yet I've seen that same officer wave to kids on bikes as the zig-zagged their helmetless heads in and out of traffic. They teach the law he said but they don't enforce it. Stupid....and dangerously short sighted...considering in a few years those kids will be in cars implementing what what they were taught, that it is okay to ignore the law.
     
  18. Nova

    Nova Active Member

    Messages:
    19,111
    Likes Received:
    0
    Trophy Points:
    36
    This too is currently within the power of judges. On occasion a plaintiff's attorney is fined for frivolous litigation. (And BTW you gloss over the cost of failed litigation to the losing lawyer. Yes, a large firm may compensate somewhat with tax write-offs, but a small office may have spent months or years entirely on one case. Failure to earn fees may be ruinous.)

    But "frivolity" is often in the eye of the beholder and judges are understandably reluctant to casually deem a lawsuit frivolous. After all, only 50 years ago a woman suiing her boss for repeatedly slapping her butt and brushing up against her breasts might well have been thought "frivolous" by most. That isn't a product liability issue, of course, but my point is that what seems "reasonable" changes over time.

    And we already have a system of motions for summary judgment that allows judges to dismiss suits that have no merit. Most of the time we hear about a suit when it is filed, but not when it is dismissed in response to a msj.

    I'm certainly not saying we can't improve our court system. I'm just saying it isn't easy to "fix" one aspect without "breaking" another.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice