Driver who struck and killed teen on bike sues her victum and his family

Discussion in 'Politics, Religion, Social Issues' started by MacNut, Apr 26, 2014.

  1. MacNut macrumors Core

    MacNut

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    #1
    http://www.torontosun.com/2014/04/25/driver-that-struck-teen-suing-dead-boys-family

    What a piece of work this woman is. You kill the kid and then sue him.

    A slimmed down version of the story from Gawker
     
  2. mactastic macrumors 68040

    mactastic

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    #2
    Christ that's stupid. Not only is she likely to be laughed out of court, but right now there's nothing against her. If she goes this route, she could conceivable get charged with something.

    And that's aside from the issue of being a terrible human being.
     
  3. iBlazed macrumors 68000

    iBlazed

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    #3
    Wait so the dead boy's brother also died since then? That's enough to make a parent suicidal. I wonder if they have any other kids.
     
  4. Southern Dad macrumors 65816

    Southern Dad

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    #4
    Welcome to today's legal system. If this was in the USA she might well win that lawsuit. I'm not sure how it will work in Canada. If the bicyclists caused the accident then they, or their parents could be sued. It isn't nice and it isn't right but it is our system.

    *Note* I'm not saying that I agree with this piece of work suing, just that in the USA she'd probably win.
     
  5. mactastic macrumors 68040

    mactastic

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    #5
    What case history are you basing that statement on? Or is this just a gut feeling thing?
     
  6. Renzatic Suspended

    Renzatic

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    #6
    Civil cases don't have the exacting requirements criminal cases do, which has resulted in some amazingly outlandish verdicts in the past. She doesn't have to prove your case beyond a reasonable doubt, just prove it enough to make your point seem relevant. Does she have written testimony from a doctor stating her symptoms, has she missed any days of work for well documented reasons, has she suffered any provable physical effects from her mental anguish, is her PTSD effecting her everyday life in ways that make it difficult for her to manage? If this woman can prove the above stated reasonably enough, she might very well win her case.

    ...but it has to get to court first.
     
  7. jnpy!$4g3cwk macrumors 65816

    jnpy!$4g3cwk

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    #7
    Looks to me like she might be in jail in the U.S. Had been drinking (not tested so no BAC on record, but, she probably would have been tested), speeding, possibly on cell phone. In some states in the U.S., if you hit somebody, and, you should have seen them and stopped, you are criminally liable. And, in some places, police are getting much more aggressive about charging these cases as negligent homicide. Not sure what the law says in Canada.
     
  8. Southern Dad macrumors 65816

    Southern Dad

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    #8
    I've seen a lot of screwy cases go to court. Basically you have to convince 12 men and women that weren't smart enough to get out of jury duty that your case is better than the other sides. In civil court it only take a preponderance of the evidence not beyond a reasonable doubt.
     
  9. mactastic macrumors 68040

    mactastic

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  10. Southern Dad macrumors 65816

    Southern Dad

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    #10
    But there are other conditions that would have been important. Were the bicyclists riding after dark with appropriate lights? Did they violate any traffic laws? You are right, they certainly would have tested her in my state.
     
  11. Sydde macrumors 68020

    Sydde

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    #11
    “They did not apply their brakes properly,” the claim states. “They were incompetent bicyclists.”

    Hmm. Can she demonstrate that she is enough of an expert in bicycling to make such an assessment? And can she show that they failed the official provincial cyclist test of competence?
     
  12. mactastic macrumors 68040

    mactastic

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    #12
    "They were also incompetent at the 'tuck-and-roll' maneuver."
     
  13. Grey Beard macrumors 65816

    Grey Beard

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    #13
    The suing of the dead child is beyond obscene. The driver not being charged is ridiculous.

    I wonder if the driver's husband who is a police officer, and following his wife has anything to do with the 'no charges' It strikes me as strange that he drove his wife straight home in his car after the incident.

    They should be both hung out to dry in my opinion.

    KGB:mad:
     
  14. thekev macrumors 604

    thekev

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    #14
    You'd be surprised who they will take for a juror here. Self-employed with pending jobs that needed to be finished (printed out the POs and brought them with me) didn't get me out of it last time:mad:.
     
  15. Southern Dad macrumors 65816

    Southern Dad

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    #15
    Bring a reporter's notebook and a pen. Keep asking people to spell their name and if this part is on the record. You'll be out of there lickety split.
     
  16. thekev macrumors 604

    thekev

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    #16
    Ahh that's funny. It was the first time I actually had to go in, but I'll try that next time. I thought showing the issue of financial impact would get me out of it. It did not. It was just a stupid unlawful detainer (eviction) case that somehow dragged on for 4 days.
     
  17. Southern Dad macrumors 65816

    Southern Dad

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    #17
    At one of our properties, the publisher was called for jury duty. The role was called of prospective jurors, when his name was announced the district attorney and the defending attorney both said, "Challenge" at the same time. The judge said "Jinx".
     
  18. lostngone, Apr 27, 2014
    Last edited: Apr 27, 2014

    lostngone macrumors demi-god

    lostngone

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    #18
    If you want out of Jury Duty in the U.S.(don't know if this works in Canada) just ask if Jury Nullification can be applied if you feel it is needed in the case you are about to be selected for.

    That will pretty much make you the most unpopular person in the court room at that time.
     
  19. rdowns macrumors Penryn

    rdowns

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    #19

    Are you saying that all jurors are idiots because they can't or won't try to get out of jury duty? Are none of them upstanding, civic-minded people who are proud to be doing their part?

    You asked me once if I don't like you. I've never met you so I can't answer that. I can assume I wouldn't, not because you just like to argue, not because you seem to have a personal anecdote for nearly every thread, not because I don't agree with many of your positions. It's your contempt for vast swatches of people that leads me to that assumption.
     
  20. satcomer macrumors 603

    satcomer

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    #20
    What i have seen from the report and my many years visiting Canada is IMHO this worm properly had a few drinks before the accident. Most young Canadians drink like Fish looking for water, they all seemed to be well on their way to become full blown alcoholics. :eek:
     
  21. lostngone macrumors demi-god

    lostngone

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    #21
    Wow....

    I have not experienced that on my many trips through Canada.

    I find most Canadians to be quite polite. I would even consider moving there if it wasn't for their restrictive firearm laws.
     
  22. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #22
    Noticed no difference in the youth here except that the drinking age is 19 so most aren't getting criminal records to go along with their beer.

    This case should be thrown out immediately and she should be charged with a crime. She hit them from behind, that puts her at fault.
     
  23. Southern Dad macrumors 65816

    Southern Dad

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    #23

    Jurors who WANT to be on a jury, scare me.

    ----------

    You are very right on this point. This is a prosecutor's worst nightmare.
     
  24. yg17 macrumors G5

    yg17

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    #24
    I hope for your sake, if you ever find yourself on trial for a crime you were falsely accused of, you get a jury of 12 people who feel they are doing their civic duty by being there and not 12 people who were too stupid to get out of jury duty.

    No one wants to be on a jury, but some of us are not going to lie and weasel our way out of it.
     
  25. Southern Dad macrumors 65816

    Southern Dad

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    #25
    Hold on, I never said that I'd LIE to get out of jury duty. But I certainly am not anxious to spend a couple weeks listening to people argue back and forth about some lawsuit. People who want onto juries are often people sometimes feel that you must be guilty or you wouldn't be before them.

    As for a criminal trial, truthfully, I'd probably opt for a bench trial. At least the judge understands the law, we wouldn't need all the dramatics of the lawyers.
     

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