Wednesday, August 06, 2008

Drive drunk, collect $1.63 Million

File this under "crime pays". Overlawyered discusses one of the most egregious travesties of misjustice you will ever hear about.

To be brief: In March 2000, Wayne Davis drove his pickup across the center line of a highway in Missouri and crashed head on into a vehicle driven by Edward and Virginia Johnson. Davis's blood-alcohol level was .203, more than twice the legal limit. The Johnsons were hospitalized but survived the crash.

Next came a lawsuit. Not against Davis, or the car company, or the alcohol seller. No, both Davis and the Johnsons together conspired to sue Davis's insurance company, Allstate, for "bad faith", over a technical dispute involving releasing the Johnson's medical records to the insurer. Davis agreed to give up 90% of any loot won. What they won was $16.3 million US dollars, and a Missouri appeals court upheld the verdict. Unless there are further appeals, the judgement will stand.

Translation: the victims of the accident receive $14.7 million dollars, and the drunk who caused it gets $1.63 million.

There are many parties at fault here, including the tort system itself. But when you theoretically have adult supervision (a judge) these things are not supposed to happen. But this did happen, not just with one judge involved, but at least a dozen (there are 11 judges on the Missouri court of appeals western district). I also have a big problem with the supposed victims of the accident not only being rewarded so far beyond their actual damages, but rewarding the drunk driver as well. What kind of message does that send?

1 comments:

scottthong said...

May I introduce you to Moonbattery.com, which features such outrageous displays of insanity as what you cited:

Parents Sue Philadelphia for Letting Them Kill Their Child

School Sued for Being Too Tolerant - The family of a gay teenager who was fatally shot in class blames the school district for allowing their son to wear makeup and feminine clothing to school — factors the family claims led to the death

They accept tips that are commented onto the regular Open Thread posts. Moonbattery.com is currently voted 5th best Conservative blog.

(Man, I sound like I'm getting paid to do this.)