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
Julian Rodriguez Killed in Automobile Accident in San Antonio, Texas
According to the San Antonio Express-News, a man was killed in an
automobile accident in San Antonio, Texas. The wreck occurred around 2
p.m. Wednesday, January 25 when 79-year-old Julian Rodriguez was pinned
under his truck on Austin Street. He was trying to enter his vehicle
when it was rear-ended by the vehicle of 30-year-old Walter Shafer.
Rodriguez was taken to San Antonio Military Medical Center where he was
later pronounced dead. Police believe Shafer was under the influence of
narcotics and was charged with intoxication manslaughter.
Commentary Until an
intoxication screening comes back positive, the link to narcotics use
before the accident is only speculation, but could be very relevant in
regards to the success of civil compensation.Typically, a civil claim
needs more evidence than a police report that faults a driver, which is
why it is usually very prudent to use a third party investigation for
liability purposes. In the event of a fatal accident, a
wrongful death lawsuit is normally the appropriate aim for survivors of
the victim. This type of suit requires several different factors to have
standing, but most notably negligence must be found. This is what I
mean by the relevance of the tox screen. If the police claims are
accurate and the driver was intoxicated from narcotics prior to the
accident, most juries would probably find that contrary to safe
operation of a vehicle. That, in a nutshell, is negligence. The legalese
version of negligence is allowing one's actions to fall below what a
reasonably prudent individual would expect at the time of the accident.
Negligence is always based on evidence, and will factor in the actions
of both parties involved, meaning that a plaintiff can actually harm
their own case, even if they were the only ones injured. The latter is
called contributory negligence and is one of the most common defenses to
an assertion of negligence.
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