I don't know how else to describe this jury verdict.
Here are the basics.So get drunk at three times the legal, fall asleep under a truck that then runs you over. For all this and at the loss of one leg, you get three million dollars. Ok, where do I sign up? Remember I'm a masochist.(Sarcastic laughter time)
The dude had a 0.296 blood alcohol content. That's 3.5 times the legal limit, and I'm not sure if I've ever heard anyone knocking down nearly a 0.3. Wow. To get to that level, a toxicologist said the guy had to have drank between 12-13 beers before the accident.
So, the guy is 0.3, drunk as a skunk, and decides to lay down underneath a delivery truck at a local Go-Mart. Smart move, of course.
The truck driver makes his delivery to the local Go-Mart, gets in his cab, looks in the mirrors to make sure everything is OK and pulls out.
Needless to say, if you are a trucker making a delivery, you're probably not thinking that some drunk may have camped out under your truck.
So, the driver pulls away and tears the guy's leg off because, well, HE IS LAYING UNDER THE TRUCK.
What does the driver do? He notices a bump, looks back, sees the guy laying there and rushes back to the store. Not only that, he is a trained medic and the truck driver administered first aid to the guy and probably saved his life.
So, a Kanawha County jury decided that ...
1. The truck driver was negligent. Why? Well, I guess because he didn't notice the drunk laying underneath his truck.
2. The trucking company was negligent. Why? Well, I guess because they didn't make a truck that had an automatic 'drunk-guy-laying-underneath-the-truck' device that would alarm when someone with a 0.3 BAC decides to lay underneath your truck.
3. That Go-Mart was negligent. Why? Well ... well ... well, probably because the jury figured they were the only ones with enough money to give the drunk guy $3 million. Well, and I guess they could put loafer spikes that retracted as a delivery truck rolled over them, engaged after it did to prevent any drunks from laying underneath the truck while it idled, and then retracted again as the truck pulled out.
The jury found all the parties equally negligent and awarded the dude three cool ones.
The more I read about the US legal system, the more I like my cat.
Hat tip- Overlawyered
Linked to- High Desert Wanderer, Leaning Straight Up, Rosemary, Webloggin,
Labels: Legal Stuff