Judge's daughter sues driver she ran into during crash

Discussion in 'Current Events' started by Shogun, Dec 19, 2008.

  1. Shogun
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    Shogun Free: Mudholes Stomped

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    Convicted last year of intoxication manslaughter for the death of her boyfriend, the 21-year-old daughter of a state district judge is suing the truck driver she ran into during a drunken driving crash.

    Elizabeth Shelton, the daughter of juvenile judge Pat Shelton, is accusing truck driver Lance Bennett of negligence in the Oct. 23, 2007, wreck that killed her boyfriend Matthew McNiece.

    Shelton had a blood alcohol concentration more than three times the legal limit, two tests showed. She was sentenced to eight years' probation and had to serve four months in jail.

    Shelton, her family and the family of the boyfriend who was killed are suing for $20,000 for the destruction of the Lexus SUV she was driving and an undetermined amount for mental anguish, pain and suffering.

    Bennett was driving the box truck that Shelton rear-ended on the Southwest Freeway near Kirby around 2 a.m.

    Bennett's attorney, John Havins, said the lawsuit, filed in October, was the last chance to make a claim before the statute of limitations ran out.

    He noted that Shelton named 16 defendants, including insurance companies and banks. "They're just throwing everything against the wall to see if anything sticks," Havins said.

    During Shelton's trial, an expert for the defense testified there was evidence that Bennett swerved into Shelton's lane. An expert for the prosecution, however, said there wasn't evidence that Bennett got in her way.

    Testimony also showed that the company Bennett was working for let the insurance on the truck lapse.

    "The injuries and property damage sustained by (Shelton and her family) were not the result of intentional acts, but were accidental and caused by the negligence of the uninsured/underinsured driver," Shelton's attorney Mark Sandoval wrote in the lawsuit.

    Houston judge's daughter sues driver she hit while drunk | Chronicle | Chron.com - Houston Chronicle


    we don't have a "people whose asses need to be kicked" forum so I figured this one would do.
     
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  2. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Only in America.
     
  3. Xenophon
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    Xenophon Gone and forgotten

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    A perfect case to argue for tort reform.
     
  4. strollingbones
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    strollingbones Diamond Member

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    omg fuck me running.....you can be drunk ..rear end someone and yet sue.....what a great country
     
  5. William Joyce
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    William Joyce Chemotherapy for PC

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    People laugh, but the thing is, even the most insane lawsuits are still worth filing, because the defense will have to pay more to defend it than settle it for a smaller amount. And given that you can have to spend upwards of a 100 grand to defend a case with experts, etc., 99 grand would be the economic way to go.

    Also, I think it's funny... ask most in America whether "lawsuits have gotten crazy," and they'll say yes, but the jury almost always finds a way to give tons of money to complete morons. I think this is the same phenomenon that leads to polls showing that "most Americans think taxes are too high" and "most Americans think government programs should be expanded." Duh.

    The truth is, average folks LOVE to hand out millions of dollars that aren't theirs on crazy theories, especially when the trial lawyer whips up the emotions.
     
  6. Missourian
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    Missourian Gold Member

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    Didn't y'all get the memo?

    Regardless of the mountain of evidence to the contrary...the truck driver is always at fault.

    Shame it was only a box truck...if it had been a tractor-trailer the case would be a slam dunk.
     
  7. Lycurgus
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    Lycurgus Who is Obama, really...??

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    Yep!
     
  8. editec
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    editec Mr. Forgot-it-All

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    I just think I ought to remind us that filing a civil action lawsuit and winning it are two distinctly different things.
     
  9. William Joyce
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    William Joyce Chemotherapy for PC

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    But read my post!

    They ARE the same thing... you file, you win, see? Just filing a lawsuit in most states pretty much guarantees you a trial. That pretty much guarantees upwards of $30K in defense costs. Settling for $29K, then, is a deal.

    And that's for a lawsuit with NO MERIT!
     
  10. William Joyce
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    William Joyce Chemotherapy for PC

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    I defend truckers and I can vouch for this. The jury says "Big Truck v. Small Car. Small Car wins." That's pretty much all the evidence they need. It's no fair, but that's the reality of it. Most jurors drive small cars and are afraid of big trucks, which can blow by in scary ways sometimes. Most jurors are not long-haul truckers.
     

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