Drunk driver kills 7 and her husband is sueing state of NY?

[Doomsday101]

NEW YORK (CBSNewYork) — On July 26, 2009, Diane Schuler, driving her family home to Long Island after a weekend camping trip, went the wrong way on the Taconic State Parkway and crashed into an SUV.

Eight people died in the crash, including Schuler herself, her daughter, three nieces, and three men in another car.

No one was ever charged for the accident, and the Westchester County district attorney maintained that Schuler was the only person that could’ve been charged.

However, according to published reports, husband Daniel Schuler filed suit Monday against the state and the father of three girls in the accident.

Schuler reportedly said that the highway’s poor construction led to the accident, and that Warren Hance, father of victims Emma, Alyson and Katie, ages 8, 7 and 5, respectively, owned the vehicle that Diane Schuler drove.

Toxicology reports showed Schuler was driving with a blood-alcohol level double the legal limit and that she’d been smoking marijuana. The accident is said to be the worst in Westchester in over 75 years.

http://newyork.cbslocal.com/2011/07...er-tragic-wrong-way-crash-on-taconic-parkway/

 

[YosemiteSam]

They should throw him in jail for being a moron.

The judge should toss this case out without even considering it. Doctrine of estoppel or something. His freaking wife was drunk (2x the limit) No way he can counter than in a legal battle.

 

[Doomsday101]

They should throw him in jail for being a moron.

Your not kidding. She is drunk and stoned goes the wrong way and kills 7 and the state is at fault?

Thankfully Texas just passed "Loser pay law" that will likely slow these types of law suites from being filed since now the loser has to pay all expenses.

 

[MFWitt63]

yea i saw the documentary last night on HBO, he maintains that she never drank or smoked marijuana, and that it was a stroke

 

[Doomsday101]

yea i saw the documentary last night on HBO, he maintains that she never drank or smoked marijuana, and that it was a stroke

Toxicology tells a different story.

 

[peplaw06]

Your not kidding. She is drunk and stoned goes the wrong way and kills 7 and the state is at fault?

Thankfully Texas just passed "Loser pay law" that will likely slow these types of law suites from being filed since now the loser has to pay all expenses.

I haven't looked into the details of Loser Pay, but part of me doubts it will be as effective as they hope.

Many of these people who are filing PI lawsuits are judgment proof. Even if they end up losing and have to pay, how are you going to get money from them? They're not paying the attorneys who are filing these suits, as those guys are taking the cases on contingency fees.

 

[joseephuss]

yea i saw the documentary last night on HBO, he maintains that she never drank or smoked marijuana, and that it was a stroke

Even if she did indeed have a stroke and never drank or smoked marijuana, I don't see how that helps his lawsuit.

 

[TellerMorrow34]

Wait. Let me get this straight.

She was drunk. Twice the legal limit.

She was stoned.

She went the wrong way on the road and it took 8 lives (including her own) and this guy wants to blame someone else?


That is just mind blowingly stupid.

 

[TellerMorrow34]

yea i saw the documentary last night on HBO, he maintains that she never drank or smoked marijuana, and that it was a stroke

So in that documentary did he say they faked the toxicology reports or something? I mean is he so stupid that he doesn't understand that they have those reports that prove otherwise?

*Shrugs*

 

[Doomsday101]

Wait. Let me get this straight.

She was drunk. Twice the legal limit.

She was stoned.

She went the wrong way on the road and it took 8 lives (including her own) and this guy wants to blame someone else?


That is just mind blowingly stupid.

He is also sueing his brother in law because he let her borrow his car

 

[Longboysfan]

Thankfully Texas just passed "Loser pay law" that will likely slow these types of law suites from being filed since now the loser has to pay all expenses.

I haven't looked into the details of Loser Pay, but part of me doubts it will be as effective as they hope.

Many of these people who are filing PI lawsuits are judgment proof. Even if they end up losing and have to pay, how are you going to get money from them? They're not paying the attorneys who are filing these suits, as those guys are taking the cases on contingency fees.

Well maybe the courts should have the lawyers filing the lawsuites post a bond for the amount they are seeking. You get tossed you lose the bond $$$ to the court. That would stop a lot of this crap.

 

[Yeagermeister]

They should throw him in jail for being a moron.

The judge should toss this case out without even considering it. Doctrine of estoppel or something. His freaking wife was drunk (2x the limit) No way he can counter than in a legal battle.

Along with the lawyer that filed the suit and the judge that didn't throw it out.

 

[MFWitt63]

the majority of the documentary was her family saying she had no history of drinking or smoking pot, and that they thought something medically happened to her, it showed surveillence camera footage of her at a gas station getting out of the car going in and kind of walking around in circles, she was clearly confused, but wasnt falling over drunk......reminds me of that ex NFL player that did the same thing and hit a semi head on

 

[Rynie]

This is horrible. If she had just been stoned, she would had been going the right way, just 45 MPH. :laugh2:

 

[Reality]

I haven't looked into the details of Loser Pay, but part of me doubts it will be as effective as they hope.

Many of these people who are filing PI lawsuits are judgment proof. Even if they end up losing and have to pay, how are you going to get money from them? They're not paying the attorneys who are filing these suits, as those guys are taking the cases on contingency fees.

I suspect it just means the risk-vs-reward decision process by lawyers will be looked at harder. I also suspect it will drive up the lawsuit amounts in an effort to increase the chances the defendants will settle.

#reality

 

[Reality]

Ignoring the merits and moral impacts of this lawsuit, I think the lawyers for this guy chose the wrong strategy. Most if not all states are struggling with this down economy which means they are very unlikely to settle. Add to that the fact the state has paid lawyers and an interest in preventing future lawsuits of this nature and the guy is very unlikely benefit financially from the state.

The fact that he also named the owner of the vehicle in the same suit means that guy will probably not have to spend much money at all because he can let the state fight it for him and it just wreaks of poor strategy.

Again, that's ignoring the morality and sanity of filing such a lawsuit in the first place.

#reality

 

[Bigdog]

I have driven on that road many times. Although construction is not the greatest, it is not bad either. Like many of the other posters here, this guy should be sue for being a complete moron.

 

[burmafrd]

you need to hammer the lawyers. Make them pay and you will see a lot fewer of these kind of BS lawsuits.

 

[Hostile]

Put me on that jury. Please.