When the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment.
May 05, 2022, 04:32 PM
ChuckWall
quote:
Originally posted by jhe888: Could be the fellow servant rule, but I think that is abrogated in many states. Even still, if the employer did something negligent, like putting a non-manual transmission driving employee in charge of driving manual transmission vehicles, then you can sue the employer even if the fellow servant rule applies.
Do they not have bailment law in Michigan?
What is probably going on is a bar against suit because of the worker's compensation system. The dead guy gets workers-comp money, but can't sue.
Suing the owner is going no where, at least as far as this lawyer sees it. In fact, I would venture to say that suing the owner of the car is getting that lawyer close to sanction territory.
************* MAGA
May 05, 2022, 04:39 PM
BurtonRW
quote:
Originally posted by Dwill104: It’s a messed up law, it seems that the family isn’t actually on the hook for any money.
When the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment.
Well there you have it. Each state works a little differently, but that’s how you make an end run around the exclusive remedy provision of the workers’ comp statute in Michigan, apparently.
In Maryland, I would have gone straight for the action against the dealer and argued gross negligence. Because that’s how it works in Maryland.
-Rob
I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888
A=A
May 05, 2022, 05:14 PM
arfmel
“ FOX 2: "You're suing the owner of the car who's getting his oil changed who did nothing in this case?"
"I have to do that," Femminineo said.
That's the law.”
“If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot.” Dickens
May 05, 2022, 05:28 PM
highroundcount
quote:
Originally posted by arfmel: “ FOX 2: "You're suing the owner of the car who's getting his oil changed who did nothing in this case?"
"I have to do that," Femminineo said.
That's the law.”
“If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot.” Dickens
I have an uncle who is a lawyer back east.
Therefore I will refrain from bashing lawyers.
But this really gives me pause. What the fuck happened to common sense?
"And I think about my loves,well I've had a few. Well,I'm sorry that I hurt them, did I hurt you too" I Was Wrong--Social D.
May 05, 2022, 05:36 PM
WingedMedic
quote:
Originally posted by HRK: Workers Compensation laws have nullified the rule for job-related injuries.
The short story is, Employer can't be sued...
This. Although it is completely asinine, Workers Compensation Insurance is the exclusive remedy that employees have "against" employers for work-related injuries and death. Honestly, Workers Compensation is designed more to protect employers from lawsuits than to protect employees (IMO).
A few states have exemptions to that exclusivity in circumstances of intentional, reckless, or grossly negligent conduct, but in most states you have zero recourse against an employer.
This immunity that the law grants employers is why this dumbass lawyer is going after the car's owner.
Disclaimer: IANAL, but I just took a law course that covered this exact topic.
May 05, 2022, 06:53 PM
ensigmatic
quote:
Originally posted by jhe888: In fact, I would venture to say that suing the owner of the car is getting that lawyer close to sanction territory.
It will probably come as little surprise that Femminineo is one of the ones we see frequently advertising his services on TV. Personally, I regard the lot of those TV-advertising land sharks as the modern day equivalent of ambulance-chasers.
"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe "If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
May 05, 2022, 07:43 PM
BurtonRW
quote:
Originally posted by WingedMedic:
quote:
Originally posted by HRK: Workers Compensation laws have nullified the rule for job-related injuries.
The short story is, Employer can't be sued...
This. Although it is completely asinine, Workers Compensation Insurance is the exclusive remedy that employees have "against" employers for work-related injuries and death. Honestly, Workers Compensation is designed more to protect employers from lawsuits than to protect employees (IMO).
A few states have exemptions to that exclusivity in circumstances of intentional, reckless, or grossly negligent conduct, but in most states you have zero recourse against an employer.
This immunity that the law grants employers is why this dumbass lawyer is going after the car's owner.
Disclaimer: IANAL, but I just took a law course that covered this exact topic.
Is it too late to get your money back for the course?
Consider the alternative to workers’ comp, which in whatever of 50 variations is a mandatory, employer-paid, no-fault coverage. You’d have a situation in which an injured worker’s only recourse would be to pursue a negligence action against his employer.
Try that in a situation where there is no negligence on the employer’s part (which in my 15+ years of experience as a personal injury and workers comp attorney working both sides is easily greater than 90%, and that’s being conservative). Now put that injured worker’s negligence claim up against comparative or modified comparative negligence, or God forbid, contributory negligence ina few states, and see how he fares on average.
No, my friend… workers’ compensation schemes are social welfare legislation arising out of the era of Upton Sinclair and his commie friends.
-Rob
I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888
A=A
May 05, 2022, 07:48 PM
slosig
quote:
Originally posted by highroundcount:
I have an uncle who is a lawyer back east.
Therefore I will refrain from bashing lawyers.
But this really gives me pause. What the fuck happened to common sense?
I enjoy giving lawyers a hard time, but is often the law that is stupid not the lawyer. The lawyer’s job is to get a result for his client using the laws as they stand. Sometimes what seems really nuts is actually the twisted path needed to get the desired result given the existing laws. Perhaps the fault lies with the legislators who created the laws. Of course many of them are or were lawyers, so…
May 05, 2022, 08:10 PM
Rey HRH
quote:
Originally posted by slosig:
I enjoy giving lawyers a hard time, but is often the law that is stupid not the lawyer.
Bet you dollars to donuts it was a good number of lawyers involved in creating the law.
"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
May 05, 2022, 09:41 PM
bigdeal
quote:
Originally posted by BurtonRW: ....it may not have anything at all to do with a “greedy POS lawyer” and everything to do with the laws and insurance policies involved....
-Rob
That greedy POS lawyers likely put in place.
----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
May 05, 2022, 09:47 PM
bobtheelf
quote:
Originally posted by Jelly: FOX 2: "You're suing the owner of the car who's getting his oil changed who did nothing in this case?"
"I have to do that," Femminineo said.
No you f$&%ing don't.
May 05, 2022, 09:51 PM
bigdeal
quote:
Originally posted by smschulz: Anyone can sue, doesn't mean they will win.
Yeah, but I think this one should be tried in the media rather than the court and hopefully push the dealership to find a way to settle out of court to make this go away. The un-licensed 19 year old with no appropriate driving experience paints a really ugly picture for the dealership, and there should be a mountain of sympathy in the public for the widow and her kids.
----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
May 05, 2022, 10:04 PM
Excam_Man
quote:
anyone can sue, doesn't mean they'll win
But how much will this cost the innocent jeep owner defending themselves?
quote:
I have to do that
Right or wrong...
quote:
When the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment.
Happy to read this... at least someone helped the innocent owner to insure a common sense endgame.
May 05, 2022, 10:12 PM
sigmonkey
quote:
Originally posted by Rey HRH:... Bet you dollars to donuts it was a good number of lawyers involved in creating the law.
Man begets mankind.
Lawyers beget lawkind.
People begetting screwed.
"the meaning of life, is to give life meaning" ✡ Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
May 05, 2022, 10:14 PM
MikeinNC
quote:
Originally posted by RogueJSK: Just remind them to press hard on the triple carbon copies while filling it out and signing.
Hahahahahaha, my first training officer told a guy, “press hard-you’re making three copies”. The driver was PISSED at that remark!
/drift
"Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein
“You may beat me, but you will never win.” sigmonkey-2020
“A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker
May 05, 2022, 10:22 PM
Jelly
May 05, 2022, 10:49 PM
Georgeair
quote:
There are days I wish I went to law school
There are days I wish I went to sniper school
You only have integrity once. - imprezaguy02
May 06, 2022, 09:57 AM
jhe888
quote:
Originally posted by Balzé Halzé: Piece of shit lawyers.
