SAE Wants Wrongful Death Trial Moved to Tompkins CountyAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
SAE Wants Wrongful Death Trial Moved to IthacaAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
Joe Jackson's Wrongful Death/Michael Jackson Lawsuit Tossed Out of CourtJoe Jackson screwed up by filing a Michael Jackson wrongful death lawsuit against AEG and Dr. Conrad Murray ... a judge has just ruled.Joe filed his wrongful death lawsuit AFTER Katherine Jackson filed hers -- on her own behalf and on behalf of the…
Wrongful death suit to begin TuesdayJury selection is set for Tuesday in a wrongful death suit involving the drowning of a 3-year-old girl in a septic tank in Argyle.
Promoter wins Jackson death lawsuitA US judge granted a motion to dismiss concert promoter AEG Live from a wrongful-death lawsuit filed by Michael Jackson's father. Related Stories New Zealanders remember Christchurch earthquake US president Barack Obama sings the blues Afghan protest over Koran burning at US base US stepping up diplomacy on Syria Afghan protest over Koran burning
Tammy Rhoades Killed Helping Disabled Motorist on I-45 in Conroe, Texas
According to KVUE, a woman was killed while helping a stranded motorist
on Interstate 45 in Houston, Texas. The incident occurred around 9:35
p.m Monday, January 2 when a motorist incurred a flat tire on Interstate
45 near League Line Road. 45-year-old Tammy Rhoades stopped behind the
vehicle on a moving lane of traffic to help with the flat. Her vehicle
was then struck from behind by 21-year-old Tyler Shelton, killing
Rhoades. Shelton was taken to Conroe Regional Hospital and administered a
mandatory blood test which concluded he was impaired and charged with
intoxication manslaughter.
Commentary Too
often we see a good Samaritan involved in accidents while they are just
trying to do their civic duty. My only recommendation to readers is to
get their vehicle out of a moving lane, even if it takes ruining a rim.
At the very least, wait away from the road until roadside services can
safely close the lane. Regarding this accident, because a suspicion of
alcohol is involved and the level of injuries incurred are on a
catastrophic level, an independent investigation is needed to provide
civil strategies moving forward. The most apparent claim is a
wrongful death motion if negligence can be proven by the plaintiff. This
would require proving that a liable party's actions fell below what a
reasonable person would expect at the time of the accident. This
determination is usually segmented with another party, as typically
liability is a shared entity. Indeed in this matter some liability may
be given to the decedent for being in the roadway. However, if the
intoxication link is established, this could shift liability greatly.
More than just personal liability, if the allegations of
intoxication are true, there could be another liable party in the
accident, provided this is intoxication via alcohol. The investigation
would be tasked with tracing the actions of the defendant prior to the
accident to find where they were imbibing. If a bar or restaurant was
found to serve a patron to a level of obvious intoxication, they too
could be partially liable in an accident involving the patron.
To legally serve alcohol commercially, a bar or restaurant
must undergo training from the TABC, which relevant to this matter,
includes learning how to identify an obviously intoxicated patron and
subsequently stop service. Failure to do so could fault an
alcohol-serving entity, but only partially, as they were not operating
the vehicle. Inclusion of an entity like this helps to justly compensate
a victim or survivors in an intoxicated accident.
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