Judge's daughter sues driver she ran into during crash

[Shogun]

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.

 

[RetiredGySgt]

Only in America.

 

[Xenophon]

A perfect case to argue for tort reform.

 

[strollingbones]

omg fuck me running.....you can be drunk ..rear end someone and yet sue.....what a great country

 

[William Joyce]

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.

 

[Missourian]

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.

 

[Lycurgus]

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.




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

Yep!

 

[editec]

I just think I ought to remind us that filing a civil action lawsuit and winning it are two distinctly different things.

 

[William Joyce]

I just think I ought to remind us that filing a civil action lawsuit and winning it are two distinctly different things.

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!

 

[William Joyce]

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.

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.

 

[Modbert]

Don't you all know?

The truck jumped out in front of her.

 

[Chris]

ST. LOUIS — The father of Josh Hancock filed suit Thursday, claiming a restaurant provided drinks to the St. Louis Cardinals relief pitcher even though he was intoxicated prior to the crash that killed him.
The suit, filed in St. Louis Circuit Court by Dean Hancock of Tupelo, Miss., does not specify damages. Mike Shannon's Restaurant, owned by the longtime Cardinals broadcaster and former player, is a defendant in the case along with Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager.
Other defendants include Eddie's Towing, the company whose flatbed tow truck was struck by Hancock's SUV in the early hours of April 29; tow truck driver Jacob Edward Hargrove; and Justin Tolar, the driver whose stalled car on Interstate 64 was being assisted by Hargrove.
The Cardinals and Major League Baseball were not listed as defendants.
Authorities said the 29-year pitcher had a blood-alcohol level nearly twice the legal limit when he crashed into the back of the tow truck. He was also speeding, using a cell phone and wasn't wearing a seat belt, Police Chief Joe Mokwa said after the accident.

Hancock's father sues restaurant, towing company, stalled car owner | www.azstarnet.com ®

 

[DiveCon]

ST. LOUIS — The father of Josh Hancock filed suit Thursday, claiming a restaurant provided drinks to the St. Louis Cardinals relief pitcher even though he was intoxicated prior to the crash that killed him.
The suit, filed in St. Louis Circuit Court by Dean Hancock of Tupelo, Miss., does not specify damages. Mike Shannon's Restaurant, owned by the longtime Cardinals broadcaster and former player, is a defendant in the case along with Shannon's daughter, Patricia Shannon Van Matre, the restaurant manager.
Other defendants include Eddie's Towing, the company whose flatbed tow truck was struck by Hancock's SUV in the early hours of April 29; tow truck driver Jacob Edward Hargrove; and Justin Tolar, the driver whose stalled car on Interstate 64 was being assisted by Hargrove.
The Cardinals and Major League Baseball were not listed as defendants.
Authorities said the 29-year pitcher had a blood-alcohol level nearly twice the legal limit when he crashed into the back of the tow truck. He was also speeding, using a cell phone and wasn't wearing a seat belt, Police Chief Joe Mokwa said after the accident.

Hancock's father sues restaurant, towing company, stalled car owner | www.azstarnet.com ®

another one that should get thrown out of court

 

[DiveCon]

Don't you all know?

The truck jumped out in front of her.

yeah, they are so known for doing that, same thing for guard rails and telephone poles

 

[Chris]

another one that should get thrown out of court

He also had drugs in his system and was driving to another bar at the time.

 

[DiveCon]

He also had drugs in his system and was driving to another bar at the time.

all the more reason the judge should throw it out of his court and make the filer pay court costs for everyone involved

this country need massive tort reform to stop this kind of nonsense
but we will never see it as long as we keep electing Lawyers as law makers

 

[alan1]

"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.

I'm sure that every idiot without common sense can see the logic in that.

 

[pegwinn]

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.

I just think I ought to remind us that filing a civil action lawsuit and winning it are two distinctly different things.

I agree with the poster that pointed out the economic advantages of settling.

Personally I don't want to limit ones' ability to sue anyone. What I want are judges that will counterslam the obvious lawsuit that should not be filed. A loser-pays system would also be a good idea.