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Started By
Message
re: Madison Brooks' Dad Lawsuit
Posted on 9/19/23 at 7:35 pm to Jake88
Posted on 9/19/23 at 7:35 pm to Jake88
No, assuming he lives around here, he’s still be subject to the subpoena power of the court to be deposed. But it’s easier to gather information if he’s a party. Particularly from Lyft.
But if the year goes by and he’s not sued, then any claim against him would likely prescribe and if he is found to have fault later then the plaintiff would be barred from bringing a claim.
The physical impact between Brooks and the car is the literal reason she died. It’s not a stretch to sue the guy driving that car who admittedly struck a pedestrian who was in the roadway.
Some of you are just a little too emotionally invested in this case to really think it through.
But if the year goes by and he’s not sued, then any claim against him would likely prescribe and if he is found to have fault later then the plaintiff would be barred from bringing a claim.
The physical impact between Brooks and the car is the literal reason she died. It’s not a stretch to sue the guy driving that car who admittedly struck a pedestrian who was in the roadway.
Some of you are just a little too emotionally invested in this case to really think it through.
This post was edited on 9/19/23 at 7:36 pm
1
Posted on 9/19/23 at 7:35 pm to SlowFlowPro
quote:
And I hope you require the Defendants who lose to pay for the PLaintiff's attorney fees too in all suits, right?
No. This is fricking stupid. Defendants aren't bringing horseshite suits to court. They're being dragged to court. Slight difference there.
If you initiate a horseshite suit and lose, you should be responsible for all costs.
Posted on 9/19/23 at 7:41 pm to Obtuse1
quote:Understood.
No, but you really do need the driver as a party to prevent the other parties from pointing the finger when the driver is less inclined or able to defend himself in a trial where he is not a party. From a legal standpoint, it is the correct thing to do unless you are ready to send a letter to your malpractice carrier telling them to buckle up
Posted on 9/19/23 at 7:44 pm to MikeD
quote:
Maybe someone that drives for Uber/Lyft can confirm, but I would have to imagine their employment terms include insurance coverage while on the clock.
As I've read it, They'll only cover the driver if they're actively carrying a passenger or if they're on their way to pick up a passenger. So say this driver had just dropped off a fare and was driving back to the Reggies parking lot to wait for a request to come in, the company wouldn't consider him "on the clock"
This post was edited on 9/19/23 at 7:46 pm
Posted on 9/19/23 at 7:45 pm to boosiebadazz
quote:The alcohol in her system is what caused the collision to take place - we can play that all day.
The physical impact between Brooks and the car is the literal reason she died
Posted on 9/19/23 at 7:46 pm to VADawg
quote:
No. This is fricking stupid.
So an system of equality is "stupid"?
quote:
Defendants aren't bringing horseshite suits to court.
99% of Plaintiffs aren't either.
Legitimately frivolous lawsuits are super rare.
quote:
If you initiate a horseshite suit and lose, you should be responsible for all costs.
If you won't settle for proper amounts when you're liable and you force a legitimate lawsuit, and lose, you should be responsible for the same costs.
Posted on 9/19/23 at 7:46 pm to Quatrepot
quote:
The alcohol in her system is what caused the collision to take place
Prove it beyond all reasonable doubt
This post was edited on 9/19/23 at 7:49 pm
Posted on 9/19/23 at 7:46 pm to Alt26
quote:
The plaintiff if trying to recover damages from the insurance policy/insurer that insured the Lyft driver. In order to do so he has to name the driver as a defendant (i.e. the insured). Will he be able to recover? Who knows? The jury will decide that. But I doubt the plaintiff or plaintiff's attorney is trying to recover personally from the driver
Instead, he's just trying to shake down the insurer (and perhaps Lyft).
If this was federal court I'd hit him with a Rule 11 notice immediately.
Posted on 9/19/23 at 7:47 pm to Quatrepot
quote:
The alcohol in her system is what caused the collision to take place - we can play that all day
I’m not disputing that and a jury will sort out the comparative fault.
I’m just saying it’s not frivolous to sue the guy who struck a pedestrian in a roadway.
Posted on 9/19/23 at 7:48 pm to tgrbaitn08
quote:I dont have to but if she wasn’t so drunk she wouldn’t have been there.
Prove it
Posted on 9/19/23 at 7:49 pm to boosiebadazz
quote:Oh ok. I get what you mean now.
I’m just saying it’s not frivolous to sue the guy who struck a pedestrian in a roadway.
Posted on 9/19/23 at 7:50 pm to udtiger
quote:
Instead, he's just trying to shake down the insurer (and perhaps Lyft).
That’s exactly what this piece of shite lawyer is doing.
Posted on 9/19/23 at 7:50 pm to JDPndahizzy
As horrible of a situation as this is, after seeing the POS dad bring the driver/lyft into this I pray to god they counter sue him for his daughter being an immature idiot running around drunk on a dark road causing damages to his livelihood and property. 
Posted on 9/19/23 at 7:51 pm to Quatrepot
quote:
I dont have to but if she wasn’t so drunk she wouldn’t have been there.
Yes you do. The burden is on you. You made the claim.
This post was edited on 9/19/23 at 7:52 pm
Posted on 9/19/23 at 7:51 pm to SlowFlowPro
quote:
Legitimately frivolous lawsuits are super rare.
That’s not true at all.
ETA - the only places that even purport such a claim are personal injury attorney websites.
This post was edited on 9/19/23 at 7:58 pm
Posted on 9/19/23 at 7:52 pm to udtiger
quote:
If this was federal court I'd hit him with a Rule 11 notice immediately.
I always knew you were a defense attorney in the New Orleans area
This post was edited on 9/19/23 at 7:53 pm
Posted on 9/19/23 at 7:52 pm to boosiebadazz
quote:
I’m just saying it’s not frivolous to sue the guy who struck a pedestrian in a roadway.
quote:
it’s not frivolous to sue the guy who struck a pedestrian in a roadway.
quote:
who struck a pedestrian in a roadway.
quote:
pedestrian in a roadway.
Posted on 9/19/23 at 7:54 pm to tgrbaitn08
quote:You honestly think she would’ve been there had not been drunk? Nuff said.
Yes you do. The burden is on you. You made the claim.
Posted on 9/19/23 at 8:00 pm to SuperSaint
Can we acknowledge this girl was probably not exactly morally upstanding or are we still pearl clutching?
The family is just trying to monetize her death. Seems about on par for BR white trash.
The family is just trying to monetize her death. Seems about on par for BR white trash.
Posted on 9/19/23 at 8:00 pm to Quatrepot
quote:
You honestly think she would’ve been there had not been drunk? Nuff said.
So you can’t prove without a reasonable doubt that there could have been some other reason why she was wondering in the middle of the road? Maybe bc she just got raped, drugged, medical condition, or maybe she was lost?
You’re dead set dead set that the only reason she was ran over by a Lyft driver was bc she was drunk?
Boy I can tell you’ve never served on a jury
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