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Old 18-08-2009, 13:52   #556
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Quote:
Originally Posted by GordMay View Post
..... A passenger on Perdock’s boat, James Walker, was ordered to pay $61,000.

Weber and Dinius each receiving five-figure settlements; whilst Perdock and his passenger were the only ones who did not receive a settlement.

I’m not a legal expert; but it seems to me that the Civil settlement determined (agreed) EQUAL fault, and awarded unequal damages.
Excuse my ignorance, but what is the reasoning behind Perdock's passenger paying anything? Perdock clearly appears to be the guilty party but the passenger?

This is beginning to sound like if you are a passenger in a taxicab that gets into a wreck, you will be held responsible(?)

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Old 18-08-2009, 14:06   #557
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There may have been a delegation of lookout duties from Perdock to that passenger, which the passenger willingly accepted and then failed to properly execute.

Remember, Perdock was driving without his glasses which, according to statements by his ex-wife, meant he could not see very well at night. Perdock may well have enlisted help to avoid hitting "stuff." That was the established routine when his ex was on the boat.

I don't really know. Just guessing and pointing out that the situation is not always as simple as it might seem at first blush.

In the taxis cab example, if the cab driver is turning left but can't see too well to the right and asks the passenger if the way is clear, and the passenger gives a negligent assessment, the passenger may well have partial liability for the resulting accident.
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Old 18-08-2009, 14:08   #558
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It's a little odd. But, apparently both Perdock and the passenger, Walker, claimed that Walker was the "official" lookout on the power boat.

Oops Hiracer beat me by 2 seconds.

Remember - settlements are based on perceived risk. If an experienced defense attorney hired by Walker's carrier believes that Thorton's claim is realistically worth say $2 million, then (in a pure comparative negligence state) even 10% liability on Walker's part is double his policy limits; and the carrier would likely offer the full $100K.
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Old 18-08-2009, 14:12   #559
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It sounds crazy to be going that fast when a person other than the person at helm is playing the role of the "eyes" - in the dark..... I can see this type of behavior in teenagers, but adults? Particularly a "cop"?...
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Old 18-08-2009, 14:29   #560
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follow the closing arguments live on twitter -> Dan Noyes (dannoyes) on Twitter
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Old 18-08-2009, 14:39   #561
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The defense is currently tearing the DA a new one!
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Old 18-08-2009, 14:41   #562
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Haltom says "Perdock is a proven liar".
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Old 18-08-2009, 14:41   #563
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DA's closing argument sounds much like one big excuse for Perdock:

Perdock's boat would have done much more damage if going only 20 mph. Would have landed in sailboat cockpit (presumably injuring more people more seriously).

Sailboat navigation lights were turned off because gnats were gathering in their wine glasses.

Is this guy for real?






"With his powerpoint presentation, he's [defense counsel] saying he'll highlight the bias, corruption and incompetence of LCSO and DA's Office.

Go defense. Expose, expose, expose.
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Old 18-08-2009, 14:49   #564
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This is the first time I have ever seen value in twitter! This is better than a 70s heavyweight fight!
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Old 18-08-2009, 14:49   #565
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They should have never let the case get to this point. There are going to be ramnifications. This is stupid. They have so much to lose. And if the reports of Perdock getting fired are correct--not that much to gain.
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Old 18-08-2009, 14:50   #566
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This is the first time I've ever used twitter. I'm a virgin.
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Old 18-08-2009, 15:02   #567
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And if the reports of Perdock getting fired are correct--not that much to gain.
He'll be unemployed in jail anyway...C'mon Karma!!!
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Old 18-08-2009, 15:29   #568
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OK...18 minutes have went by and I'm sitting on the edge of my chair...what the heck is going on???
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Old 18-08-2009, 15:33   #569
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Christian did you close twitter and open it again. I am not a memeber of twitter and don't get constant updates.
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Old 18-08-2009, 15:36   #570
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Yup...I have been using refresh...he's gone silent...
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