Author Topic: Judge's daughter sues driver she ran into during crash  (Read 7546 times)

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Offline Miss Mia

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Judge's daughter sues driver she ran into during crash
« on: December 18, 2008, 08:19:05 PM »
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Judge's daughter sues driver she ran into during crash

Convicted last year of intoxication manslaughter for the death of her boyfriend, the 21-year-old daughter of a state district judge is suing the truck driver she ran into during a drunken driving crash.

Elizabeth Shelton, the daughter of juvenile judge Pat Shelton, is accusing truck driver Lance Bennett of negligence in the Oct. 23, 2007, wreck that killed her boyfriend Matthew McNiece.

Shelton had a blood alcohol concentration more than three times the legal limit, two tests showed. She was sentenced to eight years' probation and had to serve four months in jail.

Shelton, her family and the family of the boyfriend who was killed are suing for $20,000 for the destruction of the Lexus SUV she was driving and an undetermined amount for mental anguish, pain and suffering.

Bennett was driving the box truck that Shelton rear-ended on the Southwest Freeway near Kirby around 2 a.m.

-snip-


WTF???? This is seriously messed up.
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Offline RightCoast

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Re: Judge's daughter sues driver she ran into during crash
« Reply #1 on: December 18, 2008, 08:23:46 PM »
Too bad about the Lexus.
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Offline Chris_

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Re: Judge's daughter sues driver she ran into during crash
« Reply #2 on: December 18, 2008, 09:28:14 PM »
Too bad about the Lexus.
I thought liberals only drove Priuses (Priui?).
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Offline Miss Mia

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Re: Judge's daughter sues driver she ran into during crash
« Reply #3 on: December 18, 2008, 09:50:30 PM »
I thought liberals only drove Priuses (Priui?).


Judge Pat Shelton is a republican.  *shrug*
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Offline RightCoast

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Re: Judge's daughter sues driver she ran into during crash
« Reply #4 on: December 18, 2008, 10:01:00 PM »
I thought liberals only drove Priuses (Priui?).


Preese??
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Offline JohnnyReb

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Re: Judge's daughter sues driver she ran into during crash
« Reply #5 on: December 19, 2008, 07:09:57 AM »
Judge Pat Shelton is a republican.  *shrug*

RINO.....no doubt. ....and the daughter sounds like a chip off the old block.
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Offline Chris_

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Re: Judge's daughter sues driver she ran into during crash
« Reply #6 on: December 19, 2008, 07:57:28 AM »
....it's "algore logic"....who would still be apologizing for the twin towers being in the way on 9/11 if he had been POTUS at the time.
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Offline DumbAss Tanker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #7 on: December 19, 2008, 09:29:31 AM »
Kinda depends on both the facts and state law, to tell you the truth, and I don't know the real story on either one.  I don't know of any state where uninsured operation means you are automatically at fault in an accident though, which is what it would take to win on the law part.  She'd also have a shot on the fact part if her drunkenness was not the sole cause of the accident in a purely causative way, for instance if the truck was stopped with no lights on at night around a blind corner on the ramp, or something like that, so that a sober person could have hit it just as readily.  She could still have gotten the manslaughter conviction for her drunkenness being a major contributing cause, without it being the sole cause.

My personal opinion is that she ought to have her probation revoked for even filing this piece of shit, though.
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Offline Baruch Menachem

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Re: Judge's daughter sues driver she ran into during crash
« Reply #8 on: December 19, 2008, 09:31:44 AM »
This is just harrasment of the guy.  In a rational universe, he would be suing her.   Her gross negligence wrecked his truck, probobly caused a pretty substantial loss of income.

Would be fun to be on the jury that got to award him damages.

And of course, her probation should be revoked.  goes without saying
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Offline Wineslob

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Re: Judge's daughter sues driver she ran into during crash
« Reply #9 on: December 19, 2008, 09:38:46 AM »
This stupid c#nt KILLED her boyfriend, and she's more worried about a friggin car????

Her ass needed time serve time, but I know how that crap works out............ :censored:
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Offline Miss Mia

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Re: Judge's daughter sues driver she ran into during crash
« Reply #10 on: December 19, 2008, 09:49:34 AM »
Kinda depends on both the facts and state law, to tell you the truth, and I don't know the real story on either one.  I don't know of any state where uninsured operation means you are automatically at fault in an accident though, which is what it would take to win on the law part.  She'd also have a shot on the fact part if her drunkenness was not the sole cause of the accident in a purely causative way, for instance if the truck was stopped with no lights on at night around a blind corner on the ramp, or something like that, so that a sober person could have hit it just as readily.  She could still have gotten the manslaughter conviction for her drunkenness being a major contributing cause, without it being the sole cause.

My personal opinion is that she ought to have her probation revoked for even filing this piece of shit, though.


Well I read a few other article on her.  Apparently her parents removed the black box from her vehicle before anyone could read it.  Also, when she was in the hospital, when the nurse was trying to take her blood she said something along the lines of "My dad's a judge, I'll get off."

Her boyfriend wasn't wearing a seat belt and was half hanging out the window.  They say he came into her lane, but she still rear ended him.  Also she was going well over the speed limit as well. 

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Offline DumbAss Tanker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #11 on: December 19, 2008, 09:55:04 AM »

Well I read a few other article on her.  Apparently her parents removed the black box from her vehicle before anyone could read it.  Also, when she was in the hospital, when the nurse was trying to take her blood she said something along the lines of "My dad's a judge, I'll get off."

Her boyfriend wasn't wearing a seat belt and was half hanging out the window.  They say he came into her lane, but she still rear ended him.  Also she was going well over the speed limit as well. 



If that's true, her dad ought to get his ass disbarred and then prosecuted for obstruction of justice!

The BF was probably barfing his guts out, so perhaps death came as a welcome release at that particular moment...   :evillaugh:
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Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #12 on: December 19, 2008, 10:16:27 AM »

Well I read a few other article on her.  Apparently her parents removed the black box from her vehicle before anyone could read it.  Also, when she was in the hospital, when the nurse was trying to take her blood she said something along the lines of "My dad's a judge, I'll get off."

Her boyfriend wasn't wearing a seat belt and was half hanging out the window.  They say he came into her lane, but she still rear ended him.  Also she was going well over the speed limit as well. 

Whether or not the driver sues, the insurance carrier would seek subrogation against the truck company/driver if there is any evidence at all that the truck swerved into her lane as that would place liability on the truck driver and make her intoxication a small non-factor to the actual cause of this accident.

The boyfriend's family could have suits against both vehicles though depending on what the liability trigger for torts is in that state.

There is a reason why personal injury attorneys give the entire profession a sleazy name -- he sued multiple parties as he knows that most will agree to pay a minimal amount (usally $500 or so) to be released from the suit with prejudice.   They do that for cost managment as it would cost them far more to defend it.

Just another tricky day in the personal injury business.   Casualty adjusters wouldn't even blink at this it is so expected.



« Last Edit: December 19, 2008, 10:19:55 AM by formerlurker »

Offline Miss Mia

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Re: Judge's daughter sues driver she ran into during crash
« Reply #13 on: December 19, 2008, 10:25:43 AM »
More

Quote

-snip-
A witness told police that same passenger was seen hanging out of the window moments earlier.

"The passenger was hanging out of his seat, out of the window, waving as if he was having a good time at a parade. That's what the witness stated," said Houston Police officer S.M. Johnson.

The SUV swerved across two lanes of traffic and hit the cargo truck Lance Bennett was driving, according to police.

“It was going about 100 miles an hour and it hit me from behind,” said Bennett. "I saw them come at me at full speed and they just hit me from behind. As hard as they hit me I couldn't really stop. I had to get off at the next exit. I had to make a long U-turn to get back up here."

The SUV then rolled over before finally coming to a stop.

"They were driving crazy. They were driving as if they were trying to get away from somebody," Bennett said. "If I hadn't been driving this big truck, I'd probably be gone too."

The passenger inside Shelton's SUV, Mathew McNiece, died at the scene. Shelton was taken to Ben Taub Hospital with minor injuries.

"The driver did state that she had been drinking. Boyfriend was drinking. They both were drunk and she's assuming full responsibility," said officer Johnson.
-snip-
Link
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Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #14 on: December 19, 2008, 10:28:21 AM »
If that's true, her dad ought to get his ass disbarred and then prosecuted for obstruction of justice!

I can't see how this actually happened.   The vehicle would have been towed and impounded by the police.   There is no way they got to that box.

Offline Miss Mia

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Re: Judge's daughter sues driver she ran into during crash
« Reply #15 on: December 19, 2008, 10:33:09 AM »
I can't see how this actually happened.   The vehicle would have been towed and impounded by the police.   There is no way they got to that box.

Quote
Evidence problems

Both experts, nevertheless, agreed HPD's investigation was flawed.

"It could have been a lot better," Pearson said of HPD's work. "There was a lot of evidence that wasn't documented properly."

HPD's lead investigator on the case, officer Sherwin Johnson, incorrectly had Shelton's car towed to a private storage lot instead of the secured police compound after the wreck — a move that did not follow correct procedures.

Prosecutors had hoped to examine the crash data recorder, or "black box," in Shelton's car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton's mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.

Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside. Link

The original link to the story doesn't work anymore, but that's the copy/paste on FR.
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Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #16 on: December 19, 2008, 10:34:22 AM »
One other item worth mentioning.   The party who sold alcohol to this lady is also responsible for this loss (dram shop litigation).   That party is liable to everyone involved here, including the SUV;'s owner.


Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #17 on: December 19, 2008, 10:37:35 AM »
The original link to the story doesn't work anymore, but that's the copy/paste on FR.

Quote
Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside

That my friends is a brilliant defense attorney.   This local DA's office has no jurisdiction over Lexus unless their corporate headquarters is in their state. 

The judge did not remove the box, their attorney did -- and he had every right to do it as the SUV is property of the defendant, and it was prior to the warrant being served. 


Offline Eupher

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Re: Judge's daughter sues driver she ran into during crash
« Reply #18 on: December 19, 2008, 11:02:03 AM »
this is kind of a sidebar, but since when do cars have "black boxes?"

I know aircraft do, but cars?

Or is this a Lexus thing?  :???:
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Offline NHSparky

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Re: Judge's daughter sues driver she ran into during crash
« Reply #19 on: December 19, 2008, 11:16:11 AM »
this is kind of a sidebar, but since when do cars have "black boxes?"

I know aircraft do, but cars?

Or is this a Lexus thing?  :???:

Pretty much ANY vehicle which is built with an airbag (read--pretty much all of them) has an ECM/OBD I/II where data is classified as either NDI (Non-Deployment Incident) or a Deployment Incident.  It takes about 5 seconds of data such as engine/vehicle speed, brakes, accelerator position and even whether or not the seatbelts were fastened.
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Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #20 on: December 19, 2008, 11:17:07 AM »
this is kind of a sidebar, but since when do cars have "black boxes?"

I know aircraft do, but cars?

Or is this a Lexus thing?  :???:

Search black box on FR -- you will get about a dozen or so threads with libertarians foaming at the mouth over the black boxes.   They are standard in every new vehicle.  

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Offline formerlurker

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Re: Judge's daughter sues driver she ran into during crash
« Reply #21 on: December 19, 2008, 11:18:25 AM »
Pretty much ANY vehicle which is built with an airbag (read--pretty much all of them) has an ECM/OBD I/II where data is classified as either NDI (Non-Deployment Incident) or a Deployment Incident.  It takes about 5 seconds of data such as engine/vehicle speed, brakes, accelerator position and even whether or not the seatbelts were fastened.

I think they are a great idea and wished they existed when I was a casualty adjuster.    It can prove your case/liability -- I am all for that.

Offline Thor

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Re: Judge's daughter sues driver she ran into during crash
« Reply #22 on: December 19, 2008, 11:27:47 PM »
Eupher, to reiterate what Sparky said, they've been in vehicles for a while. There was a push to have them log more than the last five minutes of data back a few years ago.

http://www.expertlaw.com/library/accidents/auto_black_boxes.html

http://news.cnet.com/Rocky-road-for-car-black-boxes/2009-1041_3-5604449.html
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Offline Chris_

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Re: Judge's daughter sues driver she ran into during crash
« Reply #23 on: December 19, 2008, 11:48:01 PM »
This is just harrasment of the guy.  In a rational universe, he would be suing her.   Her gross negligence wrecked his truck, probobly caused a pretty substantial loss of income.

Would be fun to be on the jury that got to award him damages.

And of course, her probation should be revoked.  goes without saying

In a rational universe, the Vulcans would be running things.

I never understood how the humans took over the UFP.  That would be like the Africans taking over the UN.

OOppps -- never mind.
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Offline Eupher

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Re: Judge's daughter sues driver she ran into during crash
« Reply #24 on: December 20, 2008, 08:05:40 AM »
In a rational universe, the Vulcans would be running things.

I never understood how the humans took over the UFP.  That would be like the Africans taking over the UN.

OOppps -- never mind.


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