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  1. #1
    Grillparzer Grillparzer's Avatar
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    Driver in fatal Conn. crash sues victim's parents

    People are broad-minded. They'll accept the fact that a person can be an alcoholic, a dope fiend, a wife beater and even a newspaperman, but if a man doesn't drive, there's something wrong with him.

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    Senior Member himespau's Avatar
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    that's messed up.

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    Senior Member Retro Grouch's Avatar
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    Quote Originally Posted by himespau View Post
    that's messed up.
    Not really. It's just part of the legal process. If you really think that it's messed up you should be willing to take his side in a bet on the outcome. I'd like my odds covering that bet.

    The part that I find interesting is that he has a lawyer (I assume from legal aid) for the criminal proceedings but is serving as his own council for the civil suit.

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    Senior Member himespau's Avatar
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    I'm just surprised that the court took the case and didn't throw it out.

  5. #5
    Faster but still slow slowandsteady's Avatar
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    Quote Originally Posted by Retro Grouch View Post
    Not really. It's just part of the legal process. If you really think that it's messed up you should be willing to take his side in a bet on the outcome. I'd like my odds covering that bet.

    The part that I find interesting is that he has a lawyer (I assume from legal aid) for the criminal proceedings but is serving as his own council for the civil suit.
    It is only part of a legal process when initiated by a total and complete *******.
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    Senior Member Fissile's Avatar
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    Creep's like this continually PO people around them, 'cept now he's going to be POing other convicts. Let me predict his future: He's going to backup into a shiv.
    Critical Mass

  7. #7
    Mister Bleak! mconlonx's Avatar
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    HARTFORD, Conn. (AP) — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.
    Quote Originally Posted by Nicodemus regarding mconlonx View Post
    You, I don't generally think of you as clueless. You're kind of ok.
    I know next to nothing. I am frequently wrong.

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    On the up side, they gave him 10 years for mowing down the kid, despite the usual claims of "he popped out of nowhere". That's worth something.

  9. #9
    Senior Member canopus's Avatar
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    I would like to say it is baseless, but I won't. It is law 101, it is a response and countersuit after they filed suit on him. Regardless of how I might feel about it, this is what places our justice system so much higher than others and is also why it is so fragile. Place yourself in his shoes, or maybe in one of the recent releases prisoners that were exonerated after DNA testing proved their innocence. This isn't a bad thing and I would say that those who say it is, well, maybe they are the problem. And this is still along way from having any decision rendered . This is another fluff piece written to incense the reader.

    Be careful of what you give up for safety and convenience, you never know when you might need those same protections.
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    Randomhead
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    Quote Originally Posted by himespau View Post
    I'm just surprised that the court took the case and didn't throw it out.
    I'm often surprised by the fact that such baseless suits are not thrown out. But in fact, I've seen even more baseless suits drag on for years. An acquaintance had to sell his house to defend himself against a lawsuit that basically accuses him of not being able to read someone's mind. As far as I know, that's still not settled 15 years later.

  11. #11
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    Quote Originally Posted by SCROUDS View Post
    On the up side, they gave him 10 years for mowing down the kid, despite the usual claims of "he popped out of nowhere". That's worth something.
    Not really, since that is the sentence he should have been given on his previous DUIs. If that would have happened, a 14 year old boy would still be alive.

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    Quote Originally Posted by Fissile View Post
    He's going to backup into a shiv.
    at least the other inmate could sue him for not wearing body armor, or being too thin skinned

  13. #13
    Member RichMac's Avatar
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    This young man was not wearing a talisman as well, that would have saved his life. Obvious negligence on his parents part.

    It's an ******* move to be putting the parents through any more grief.

  14. #14
    Faster but still slow slowandsteady's Avatar
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    Quote Originally Posted by canopus View Post
    I would like to say it is baseless, but I won't. It is law 101, it is a response and countersuit after they filed suit on him. Regardless of how I might feel about it, this is what places our justice system so much higher than others and is also why it is so fragile. Place yourself in his shoes, or maybe in one of the recent releases prisoners that were exonerated after DNA testing proved their innocence. This isn't a bad thing and I would say that those who say it is, well, maybe they are the problem. And this is still along way from having any decision rendered . This is another fluff piece written to incense the reader.

    Be careful of what you give up for safety and convenience, you never know when you might need those same protections.

    Place myself in his shoes? Multiple DUI convictions passing someone at 83 mph and mowing down a child and then having the audacity to sue the parents because the kid wasn't wearing a styrofoam coffee cup on his head to protect him from 3,000 lbs of steel traveling and double the speed limit. Sorry I can't relate.
    "Ride lots." -- Eddy Merckx

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    Quote Originally Posted by CB HI View Post
    Not really, since that is the sentence he should have been given on his previous DUIs. If that would have happened, a 14 year old boy would still be alive.
    Good point. We need to start treating dangerous driving in all forms as serious in this country.

    Quote Originally Posted by slowandsteady View Post
    Place myself in his shoes? Multiple DUI convictions passing someone at 83 mph and mowing down a child and then having the audacity to sue the parents because the kid wasn't wearing a styrofoam coffee cup on his head to protect him from 3,000 lbs of steel traveling and double the speed limit. Sorry I can't relate.
    I have to agree with canopus , our system is great because it gives a fair shake to everyone, even the most vile of people.

  16. #16
    Faster but still slow slowandsteady's Avatar
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    Quote Originally Posted by SCROUDS View Post
    Good point. We need to start treating dangerous driving in all forms as serious in this country.



    I have to agree with canopus , our system is great because it gives a fair shake to everyone, even the most vile of people.
    He got his fair shake and now he sits in a jail cell. That should be the end of the story.
    "Ride lots." -- Eddy Merckx

  17. #17
    Senior Member Kurt Erlenbach's Avatar
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    Anyone with a pencil can file a lawsuit. Winning and collecting is what matters. In civil actions, it's all about insurance money, anyhow. The inmate gets to raise his defenses and counterclaims just like any other litigant in a civil suit.

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    vol
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    The parents then should sue their own parents (grandparents of the victim) for not telling them that they should not allow their child to ride without helmet.

    Btw, what happens if my bike hit a pedestrian who's J-walking?

  19. #19
    Faster but still slow slowandsteady's Avatar
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    Quote Originally Posted by Kerlenbach View Post
    Anyone with a pencil can file a lawsuit. Winning and collecting is what matters. In civil actions, it's all about insurance money, anyhow. The inmate gets to raise his defenses and counterclaims just like any other litigant in a civil suit.
    I assume it matters to the parents of this dead child that they now have to go through another round of litigation regardless of whether they "win" or not. Suing your victim's surviving family is a total ******* move. It is evil and cruel. It is obviously just one more way this guy is trying to get around the fact that he and only he is responsible for his own actions.
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  20. #20
    Faster but still slow slowandsteady's Avatar
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    Quote Originally Posted by vol View Post
    The parents then should sue their own parents (grandparents of the victim) for not telling them that they should not allow their child to ride without helmet.

    Btw, what happens if my bike hit a pedestrian who's J-walking?
    Screw J walking, what happens if you hit a pedestrian who breaks on their legs because they weren't wearing fully body armor? Nevermind that you were going 80 mph in one of these.

    "Ride lots." -- Eddy Merckx

  21. #21
    Senior Member Febs's Avatar
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    According to the article, the Kenneys have sued Weaving, presumably in a wrongful death action, and Weaving is "countersuing" the Kenneys for "contributory negligence." Contributory negligence is a generally raised as an affirmative defense, not as a "countersuit." Either Weaving has mislabeled his response to the Kenneys complaint (which wouldn't be surprising if he is representing himself) or the reporter didn't understand the nature of the defense. Either way, there is something about that report that doesn't add up.

    I would think that the court would dismiss Weaving's claim for damages for "wrongful conviction and imprisonment," given that he has already been tried and convicted in a criminal court, and his allegation that he has been deprived of his "capacity to carry on in life's activities" seems to be essentially the same allegation, so I would expect that to be dismissed as well.

    That leaves only his claim for emotional pain and suffering. It looks like Connecticut does recognize a cause of action for negligent infliction of emotional distress (http://www.jud.ct.gov/JI/Civil/part3/3.12-2.htm). Depending on the specific allegations that he made in his counterclaim, it is possible that that claim would survive a motion to dismiss, but given his criminal conviction, it is extremely unlikely that he would ultimately be able to establish his claim at trial.

    As an aside, given the facts here, it's pretty ironic that his name is "Weaving."

  22. #22
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    Quote Originally Posted by slowandsteady View Post
    He got his fair shake and now he sits in a jail cell. That should be the end of the story.
    It was, until the parents decided to sue.

  23. #23
    Senior Member himespau's Avatar
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    Quote Originally Posted by SCROUDS View Post
    It was, until the parents decided to sue.
    Not sure what the parents are hoping to get out of that. When they showed the story on the Today show this morning, that was the part my wife picked up on more than that he was countersuing them.

  24. #24
    Senior Member Febs's Avatar
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    Quote Originally Posted by himespau View Post
    Not sure what the parents are hoping to get out of that.
    The limits of his liability policy, probably.

  25. #25
    Senior Member canopus's Avatar
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    Quote Originally Posted by slowandsteady View Post
    I assume it matters to the parents of this dead child that they now have to go through another round of litigation regardless of whether they "win" or not. Suing your victim's surviving family is a total ******* move. It is evil and cruel. It is obviously just one more way this guy is trying to get around the fact that he and only he is responsible for his own actions.
    The parents brought a civil suit against the defendant (the guy in jail), his countersuit was a part of his response to their lawsuit. They chose to file suit first and should expect a defense against it and should be prepared mentally to go through it all over again, if they weren't they should have left it alone.

    The thing about all this is you never heard about civil suits after a criminal conviction before the O.J trial. I'm sure there were a few but not like now. The cruel thing is filing a civil suit after a person is convicted in a criminal suit. To me that's kind of like double jeopardy only with monetary losses because that's all you can get from a civil suit. If there is to be any monetary award it should be included in the sentencing phase of a criminal suit IMHO, not separated out in a civil matter.
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