KenDckey
Posts: 4121
Joined: 5/31/2006
Status: offline
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We had a somewhat similar situation. Not a B&E but none the less an illegal act that held the owner liable.
An intersection with 2 lanes of traffic going north, south, east and west. Each side of the intersection had a median with a left turn lane. Each side also had a right turn lane. Total lanes available 6 going in any direction.
Driver was headed north in the left hand lane. Left hand turning lane was occupied but the right turn lane was empty. The driver crossed traffic (running one driver into the curb) and passed everyone who had stopped for a red light. He crossed the oncoming traffic and hit a bus which was in the right hand lane. The red light runners vehicle was totaled (don’t ever hit a bus) and the chrome on the bumper of the bus was scratched (no other damage).
The red light driver sued the bus company for negligence and the City for creating an unsafe condition. The court found that there was shared liability. The City did create an unsafe condition because it regulated traffic, causing it to bunch up at the red light which forced the driver to pass on the right. The red light driver had to cross four lanes of traffic before he got to the bus and the driver of the bus should have stopped and gave him the right of way, instead of taking it. The court felt that there was sufficient time for the bus driver to have seen him coming.
The responsibility was shared equally as were the costs. The red light driver was uninsured and had to cover 1/3 of his personal costs and the other 2/3 were paid for by others. Tickets issued was one to the red light runner for running the red light and one for being an uninsured motorist. The bus driver got one for failure to yield the right of way and was suspended by the employer for getting the ticket. All fines were paid by the individuals and the traffic judge gave them the max fine.
There are so many similar cases where a burglar breaks in to someone’s home in the middle of the night, pulls a gun on the resident and gets shot for his trouble. He then sues the homeowner for shooting him and wins.
To me tort law is really messed up and need a dire fix. To me there is a presumption of guilt written into the law. As well, I think it was written for the purpose of full time employment for lawyers and not the right/wrong of the situation.
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RE: Senator Alesi Sues Couple that Declined to Press Ch... - 
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