Loading ...
Sorry, an error occurred while loading the content.

Re: drinkin and drivin need your opinion

Expand Messages
  • Jurydoctor@aol.com
    The guy over the center line killed the woman. Now the question becomes: what is the economic damage and e3motional damage of a child losing a mother who has a
    Message 1 of 1 , Oct 5, 2009
    View Source
    • 0 Attachment
      The guy over the center line killed the woman.

      Now the question becomes: what is the economic damage and e3motional damage of a child losing a mother who has a learning disability, low income and a drug problem? Is having no mother better then having a "lousy mother?"



      Is there evidence that she was a lousy mother? What is a lousy mother? (does having a drug problem and a learning disability make you a lousy mother?)



      I want to know where the child is now? How is she doing?  How will we know the effect if the child was only one month old? does a 1 month old "know" that she does not have her mother?

      I can not make a determination until I understand the emotional damage done.. How one goes about figurring that out, well I am open to suggestion..

      as far as the economics goes:

      8k a year she would probably have government assistence to raise a child.

      18 x 5= 90k atleast in economic damage.  Probably much more



      Is the child up for adoption? Maybe she'll be adopted by a wonderful family.. (since it seems that the father will not step up to the plate..

      Wow so many issues.. It is mind boggling.. I would be curious to see what others think about my thoughts..



       ______________________________________

      I. Plaintiff's Case:

       

      Defendant  Mason was on-call working for Omnicare (a hospital/oxygen supply company) the week of December 17th -“ December 23rd.  Mason goes to the company Christmas party with a heavy duty company=2
      0van. He takes company van home as he does every day.  Goes to funeral of friend where he consumes alcohol and smokes drugs.  Gets in to the company van in early hours December 22, 2007.  On call duties consist of the delivery oxygen products when called.  Mason is driving erratic and traveling left of center. An eyewitness behind Mason/Icare van calling 911 to report drunk driver.  Defendant Mason completely left of center. At last second tries to pull into opposing lane, strikes BMW head-on driven by Shelly with passenger Katey passenger.  Shelly dies instantly as does Kelly.  Impact decapitates Kelly.

       

      Defendant Mason charged with aggravated vehicular manslaughter x 2.  Pleads guilty. Sentenced to 11 years.  Employer Icare had no restrictions on the use of their van.  Heavy commercial van.  No vehicle retention policy.  Gruesome death of Kelly who is a mother of one girl Amy, one month old. Shelly dies at age 21. 

       

      Defendant's Case:

       

      Plaintiff Kelly was 21 years of age at death.  She had a child out of wedlock with the father who has a significant criminal background including but not limited to drugs. 

       Deceased Kelly and Sheldon had alcohol in their system at the time of death (Kelly:  0.162 g/100 ml  Peripheral blood; Ma son - alcohol 0.236 g/100 ml; positive for marijuana

       12.9 ng/ml; 16.2 ng/ml marijuana metabolite). 

       Suggestion that Kelly knew or should have known of the=2
      0intoxication of the driver (Sheldon) and assumed this risk of driving with Sheldon.  The vehicle Kelly was riding (Sheldon vehicle)

       had five pounds of marijuana in the trunk.

       

                  Connection between Kelly and Sheldon were believed to be  drug related.   Sheldon  had a criminal record.

      The economic damages for  Kelly's lost earning capacity are low because she worked at Shoe Carnival earning less than $8,000 per year. 

      Kelly had a learning disability  making college graduation questionable.

       

      What are your thoughts about this case.
      =0 A
      What happens when an accident is caused by one drunk and kills another drunk?

      How much money should Kelly's daughter receive for the wrongful death of h er mother?

      Any other issues in the case (that I might have missed)

       

       

       



      [Non-text portions of this message have been removed]
    Your message has been successfully submitted and would be delivered to recipients shortly.