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re: Families of men killed in Jose Fernandez crash suing Fernandez's estate

Posted on 2/11/17 at 2:14 pm to
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71385 posts
Posted on 2/11/17 at 2:14 pm to
Drunk is subjective. Can I one hundred percent say I've never driven over the legal limit? No, I'd like to think I have not but I don't always keep a breathalyzer in the vehicle. I do know I have never driven when I was unable to drive safely. I have a bright future in front of me, there's no reason to risk that instead of paying 60 dollars or less for a cab.

That being said, the results are not one hundred percent separated from the process. Someone who blows a .08 is nowhere near the risk as someone who blows a 2.4 or whatever. Obviously it's not murder, but when negligence results in death it's perfectly reasonable to have negative feelings towards a person.

Posted by LSUJuicer
Member since Jan 2013
3354 posts
Posted on 2/11/17 at 2:20 pm to
Is it a fact he was driving? If they all were doing the same thing, everyone was responsible. Sounds like families trying to make a quick buck which is sickening. Cause somebody who had wealth and fame was in the boat our society needs him to be guilty. I am not saying glorify him but at the same time don't paint him to be the villain. People do stupid things, we don't know if he driving, overall it was a sad event for all involved.
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 2/11/17 at 2:26 pm to
quote:

Is it a fact he was driving?
No. We don't really know, and I could be wrong but I think the reports are leaning towards him not driving.

quote:

If they all were doing the same thing, everyone was responsible. Sounds like families trying to make a quick buck which is sickening. Cause somebody who had wealth and fame was in the boat our society needs him to be guilty. I am not saying glorify him but at the same time don't paint him to be the villain. People do stupid things, we don't know if he driving, overall it was a sad event for all involved.


if can't be put any better than this.
Posted by StealthCalais11
Lurker since 2007
Member since Aug 2011
12449 posts
Posted on 2/11/17 at 3:06 pm to
Sorry for partying
Posted by prostyleoffensetime
Mississippi
Member since Aug 2009
11434 posts
Posted on 2/11/17 at 3:17 pm to
quote:

Ok, so you'd "leave it at that" and never celebrate your brother, sister, or best friend if something similar happened to them, correct?


Did you even read my post? I specifically said have a memorial service and funeral celebrating the good parts of their lives. You celebrate their lives at a service and you have to move on with yours. It's a harsh reality, but letting that person, celebrity/sports figure or not, be painted in the public as some sort of role model that deserves any recognition beyond that helps no one in the long run.
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 2/11/17 at 3:36 pm to
quote:

but letting that person, celebrity/sports figure or not, be painted in the public as some sort of role model that deserves any recognition beyond that helps no one in the long run.
Where is all of this happening?
Posted by Rouge
Floston Paradise
Member since Oct 2004
136799 posts
Posted on 2/11/17 at 3:46 pm to
Were the 2 other guys even here legally?
This post was edited on 2/11/17 at 3:47 pm
Posted by prostyleoffensetime
Mississippi
Member since Aug 2009
11434 posts
Posted on 2/11/17 at 4:17 pm to
It happened for a solid month after his death. I mean, his body was barely even room temperature, and they were like frick let's retire his jersey. Then the toxicology report came out and they were like oh well.

I'm sorry, but I believe in due diligence; and very few people in the baseball world felt the need to do theirs.
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 2/11/17 at 4:23 pm to
quote:

It happened for a solid month after his death
At that point, we didn't know he was on drugs so...

After the report came out, where is all this memorializing you speak of?

quote:

Then the toxicology report came out and they were like oh well. 

So they should have denounced him publicly?
Posted by prostyleoffensetime
Mississippi
Member since Aug 2009
11434 posts
Posted on 2/11/17 at 5:13 pm to
quote:

At that point, we didn't know he was on drugs so...


So... The family and friends should have had their private ceremony, while the media should have done better as journalists, and the Marlins and MLB should have waited for the investigation to close before making any rash decisions (jersey retirement, everybody wearing 16, memorials, etc.).

quote:

After the report came out, where is all this memorializing you speak of?



I agree on this. As far as memorial services go, those were over. Memorials at that point had gone to marker on baseball hats and sleeve patches.

quote:

So they should have denounced him publicly?



Well, they kind of hung themselves by not allowing the investigation process to come to a close. They were in a lose/lose-a-little-less situation... If you denounce it, then you risk pissing off the majority of the fanbase... Can't do that. You already can't fill 40-50% of the seats... If you just leave it where it is, then you just have a few people like me kind or rolling their eyes when the guy is brought up.



I'll just say this, and then agree to disagree. They really jumped the gun on painting him as something that, in the end, is now questionable. Like I said, I believe in getting my shite together before I make a move on these sorts of things.
Posted by sgallo3
Dorne
Member since Sep 2008
24747 posts
Posted on 2/11/17 at 5:40 pm to
This is what the world has come to? The dudes got on the boat with their buddy, they knew the risks. Why should their family be entitled to anything because their kid had a famous friend and was living a lavish lifestyle and tragedy struck? Unless Fernandez forced them on the boat this is dumb


What ever happened to personal accountability?
This post was edited on 2/11/17 at 5:41 pm
Posted by 632627
LA
Member since Dec 2011
12747 posts
Posted on 2/11/17 at 5:48 pm to
quote:

Ok, but that's not the question I asked nor did you answer the question I asked.


But u asked a question about driving a car, but these dudes weren't in a car....
This post was edited on 2/11/17 at 5:49 pm
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 2/11/17 at 5:54 pm to
quote:

But u asked a question about driving a car, but these dudes weren't in a car....

Not sure what the difference is for the sake of my premise, but ok, change it from car to boat, question still stands...
Posted by 632627
LA
Member since Dec 2011
12747 posts
Posted on 2/11/17 at 6:39 pm to
If Hernandez wasn't able to operate his boat because he was too fricked up, and his friends had to instead, then yes, he is mostly to blame
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 2/11/17 at 6:58 pm to
quote:

If Hernandez wasn't able to operate his boat because he was too fricked up, and his friends had to instead, then yes, he is mostly to blame
Why is that different than a designated driver with a car?

What if that was the plan the entire night, those dudes knew they'd take the boat back in at the end of the night?
Posted by Le Tenia
Member since Feb 2015
4458 posts
Posted on 2/11/17 at 10:01 pm to
It was his vessel and he is liable for passengers, crew and cargo regardless if he was the captain or not. If he was not the captain of the boat at the time of the accident, he is still at fault as being an owner of vessel that was being operated by others that resulted in two other deaths.

If he was the captain that night, he is also at fault for their deaths regardless of the fateful decisions, either sober or not, of the other passengers that decided to travel on the vessel. As the captain, he had a decision of whether to operate the vessel or not and decide who was onboard. Those decisions were made prior to the accident.
Posted by tduecen
Member since Nov 2006
161244 posts
Posted on 2/11/17 at 10:03 pm to
Stupid to sue since we have no idea who was driving. According to everything Fernandez didn't drive his own boat and these were his best friends. That means they've driven before. We also don't know what was in their system as well. If Jose had coke and alcohol I bet they did as well.
Posted by tduecen
Member since Nov 2006
161244 posts
Posted on 2/11/17 at 10:05 pm to
That is stupid, if I loan my car to someone and they drink and kill themselves should I be liable for their death?
Posted by Le Tenia
Member since Feb 2015
4458 posts
Posted on 2/11/17 at 10:09 pm to
quote:

That is stupid


Absolutely, it's your car and you loaned it to them. You will be named in a civil case unless the family of the deceased or anybody else that may have been effected in the accident decide not to file.
This post was edited on 2/11/17 at 10:12 pm
Posted by tduecen
Member since Nov 2006
161244 posts
Posted on 2/11/17 at 10:12 pm to
Negative, especially if their intoxicated as well. First of all it isn't going to hold up in court. Second it is fricking common sense
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