Because there was a pool side bar near the cabana and this drunk driver could have, at some point in her life, had a drink, or planned to have a drink, at that pool side bar. Which makes them partially at fault. Can’t believe you didn’t know that Rosenblatt.
My guess is that the drunk driver had no insurance at all. This claim should not be the hotel’s negligence at all. Should there be large barricades built all around the hotel/pool area to keep drunk drivers from doing something like this?
What kind of crazy, f-ed up world do we live in where a drunk driver who commits vehicular homicide isn’t found 100% liable for their crime? I don’t want to be on the same planet as this jury anymore.
It’s just a case of putting a trajic situation in front of a sympathetic jury. They are always going to find a deep pocket to make things right to the victim.
Only in FLA would the court allow the case against the hotel go to a jury. Most other states would have kicked it on summary judgment. FLA courts are banana republic justice time and time again.
Ummm, why was the drunk driver not found to hold 100% of the negligence in this case?
Because there was a pool side bar near the cabana and this drunk driver could have, at some point in her life, had a drink, or planned to have a drink, at that pool side bar. Which makes them partially at fault. Can’t believe you didn’t know that Rosenblatt.
Widow?
Even if this stands, the widowER will get $3.6M from the hotel and whatever (low) limits the driver had, and that’s it.
My guess is that the drunk driver had no insurance at all. This claim should not be the hotel’s negligence at all. Should there be large barricades built all around the hotel/pool area to keep drunk drivers from doing something like this?
What kind of crazy, f-ed up world do we live in where a drunk driver who commits vehicular homicide isn’t found 100% liable for their crime? I don’t want to be on the same planet as this jury anymore.
It is called “lack of personal responsibility” and an accident is always someone else’s fault, even if they didn’t do anything wrong.
The accident was still found to be the driver’s fault as it was determined they contributed in excess of 50% of the negligence.
The sidewalk contractor should also be held accountable as he failed to make the curb aka barricade, 50% of the average height of a vehicle.
It’s just a case of putting a trajic situation in front of a sympathetic jury. They are always going to find a deep pocket to make things right to the victim.
Only in FLA would the court allow the case against the hotel go to a jury. Most other states would have kicked it on summary judgment. FLA courts are banana republic justice time and time again.
This is a better overview of the accident and the lawsuit against the hotel.
http://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-riverside-hotel-wrongful-death-suit-20150624-story.html
Thank you KS. That article definitely helped explain why the hotel was found to be partially negligent for this loss.