Walter Olson: "Great Moments In Blame-Shifting"
You could say that again. And again. And again. 21 times, in fact.
That's the number of neighborhood residents a coked-up ex-con's relatives are suing -- those residents who jointly maintain a private road.
The ex-con is now dead -- he tried to outrun the cops in a high-speed chase, and it didn't go well.
Per Walter Olson at Overlawyered:
He smashed his car into two trees on a one-lane dead-end private road, instantly killing himself and a passenger. Now the estate of his passenger (who was also on drugs) is suing 21 local residents who jointly maintain the private road, saying they should have kept it clear of trees and did not provide adequate signage.
What would adequate signage be, "Coked-up ex-cons on police chases should not drive at high speeds down this road"?
"Don't get in cars with coked-up assholes"?
Your sign suggestion below.
"Enter at your own risk" perhaps? Or possibly, my favourite, "Private Property".
This is just a lawsuit and will probably be thrown out (I hope so). It is true that for a private road attached to the public network you assume a certain duty of care, but the "reasonable man" standard, in this case be careful of hazards when negotiating a one lane farm road (what if a combine harvester had been coming the other way?) should apply.
I doubt this will get past an initial hearing. Hopefully the defendants will get their defense costs back.
Ltw at February 12, 2013 1:35 AM
You can never go wrong keeping the shiny side up.
MardD at February 12, 2013 5:00 AM
"Don't Drive Stupid"
"Tree Crossing"
"You Must Have an IQ This Big to Drive on This Road."
That should cover it.
Jim Armstrong at February 12, 2013 5:34 AM
"Warning: To objects cannot occupy the same space at the same time. This includes, but is not limited to, cars and trees."
Matt at February 12, 2013 5:44 AM
Ent crossing.
This is not a Darwin free zone.
Natural selection zone.
On a lighter side can the residents sue the family for damage to the trees?
Joe J at February 12, 2013 7:40 AM
'Dead End'
'Private Drive'
'No Through Traffic'
'
nonegiven at February 12, 2013 7:57 AM
I forgot about the HTML, that last one was a sign with an arrow and the word 'Trees'
nonegiven at February 12, 2013 7:58 AM
Your strung-out kid/mom/dad/baby-momma/baby-daddy/uncle/aunt/grandparent is not our fucking responsibility?
Too wordy? Maybe it needs a rhyme, like what we have here in WA/ID. "Click it or ticket". "Don't drink and drive; arrive alive".
Ha! That reminds me of another sign. We have pretty stiff gas taxes here in WA and several years ago voters rejected an increase, which the state overturned and implemented anyway. We now have signs announcing road projects that say "watch your nickle at work". Cracks me up every time.
Meloni at February 12, 2013 11:45 AM
Nickel, even.
Meloni at February 12, 2013 11:47 AM
I doubt this will get past an initial hearing. Hopefully the defendants will get their defense costs back.
Ever hear of the the woman who spilled McDonalds coffee on her lap?
Or the burglar who fell thru a skylight and cut himself when he fell on kitchen knives?
OR the guy who tried to kill himself by jumping in front of a subway train and sued for his injuries when he didnt die?
lujlp at February 12, 2013 12:01 PM
Are these lawsuits covered by home insurance? If they settle out of court, it's frustrating because the home owners get dinged and the family members get their sense of entitlement reinforced.
Meloni at February 12, 2013 12:12 PM
Shocker... someone sees $$$$:
"She said Julien's daughter, Ashley Julien, who lives in Florida, was the one who dealt with the lawsuit.
Ashley Julien was not able to be interviewed because she has been incarcerated in the Polk County jail since Dec. 5 on charges of failing to appear in court, violating her drug probation and resisting an officer. The Polk County Sheriff's Office does not allow jailhouse interviews.
The attorney who filed the lawsuit, Tara B. Conner, of Winter Haven, did not return phone calls or email messages from the Tampa Bay Times seeking comment. "
Why do I have a feeling the lawyer in this case convinced the daughter to go for it too? Figuring there's no real downside and, hey.. might get a nice payday.
Miguelitosd at February 12, 2013 3:51 PM
"No coke, Pepsi"?
Mr Teflon at February 12, 2013 6:59 PM
"This is your brain; this is your brain on a tree."
Charles at February 12, 2013 7:20 PM
Jim P. at February 12, 2013 7:39 PM
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