re: So Jose Fernandez Was The Coked Up Driver Of The Boat....

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If you're stone cold sober and you are letting someone high and drunk drive a boat you are not innocent

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You serious? Get the frick out with that shite

Fernandez could have been a selfish coked up hothead that refused to let anyone else drive his baot

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So, one of the boat riders was neither drunk, nor had cocaine in his blood.......

So fernandez didn't simply kill a bunch of other guys "fricked up", he killed a truly innocent person....

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That had also gone out on boat rides with an F'ed up Fernandez before, and chose to go and do the same thing that night. At what point is an adult responsible for his decisions when he knew what was going on with Fernandez?

Fernandez was coked up and drunk before they got on the baot?

Link

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There's still an argument to be made for contributory negligence even if one of the passengers was not legally intoxicated. Not saying his family wouldn't be successful in litigation (likely will come to a settlement if I had to guess). But if two people were drinking and doing blow and he was fully aware of that and still put himself in that dangerous situation, then he was also negligent and his negligence was a contributing factor in his own death. It's not like he was an innocent bystander who was struck by Fernandez's boat. He chose to put himself in a dangerous situation.

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So he should have jumped off the boat and swam home?

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So he should have jumped off the boat and swam home?

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That's quite a leap. He could have asked Fernandez to drive the boat himself, used his cell phone to call the police, asked Fernandez to drop him off at the dock, never gotten on the boat in the first place, etc. I mean do we know if Hernandez was intoxicated before or after he took the boat out? That's kind of important as well.

It appears as if this wasn't the first time Fernandez had done this, so I think the friend very well could have known what would be going on when he stepped on the boat.

BTW, in no way am I condoning anything Fernandez did or excusing him for anything. But there are clearly mitigating factors regarding the friends' choices and the result of their deaths.

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mean do we know if Hernandez was intoxicated before or after he took the boat out? That's kind of important as well.

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That is everything to me

Once you are out on the boat, you are pretty much fricked if Fernandez refuses to give you the keys

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The family of Macias is going to get a serious payday

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I dont think so, Jose never really made much, definitely nowhere near what a pitcher like him was worth. I wanna say I read his estate was like $2.5M but I could be wrong

"Jury,yes my client drove fricked up on cocaine and alcohol, yes the Plantiff was sober, but he knew Fernandez was a drunk other times in his life so we owe his estate no money"

I think that wouldn't fly at all

They will have to prove the friend knew he was intoxicsted that night in order to not owe them money IMHO

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That is everything to me

Once you are out on the boat, you are pretty much fricked if Fernandez refuses to give you the keys

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I completely agree.

But I think those 2 links with the texts seal the deal, unless that dude is telling some elaborate lie. It was painfully clear from those texts that at least that 1 dude knew there serious risks in going on that boat with Jose, and he still chose to do so.