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

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"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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I'd be shocked if this ever went to trial. And no, that is not what the argument made would be. It would likely be he knew Fernandez was intoxicated that night when he chose to go out on a boat at night. But yes, past experiences would also come into play as well

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I'd be shocked if this ever went to trial. And no, that is not what the argument made would be. It would likely be he knew Fernandez was intoxicated that night when he chose to go out on a boat at night. But yes, past experiences would also come into play as well

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I could be wrong here but I do believe there are also many witnesses to Jose and the friends being at a bar with Jose taking a bottle of Tequila or something like that, so that would seemingly rather easily establish that they knew he was drinking. I'll see if i can find the details on that one, as I'm not 100% certain the friends were with him but I am 100% certain I did read that Jose was seen drinking that evening at a bar and leaving with more alcohol...and it may have even been a bar on the coast and he left in the actual boat. Let me see what i can dig up.

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If the text said, "Jose is ducked up tonight, don't go."

But someone having a "bad feeling" is hearsay all day

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it's not hearsay. it's speculation

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I don't think someone foreboding something by "having a bad feeling" makes the boat rider negolegent in the least

If the text said, "Jose is ducked up tonight, don't go."

But someone having a "bad feeling" is hearsay all day

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Fwiw, I'm not talking about the legalities of this.

I'm just being realistic, that friend didn't just have bad feeling for no reason. It's pretty obvious what was going on there.

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Fwiw, I'm not talking about the legalities of this.

I'm just being realistic, that friend didn't just have bad feeling for no reason. It's pretty obvious what was going on there.

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Fair enough. And I would tend to agree in a non legal setting

But back to the original points, what you have shared hs honestly painted Jose in a way worse light

He wasn't simply "partying with friends and made a bad decision"

It sounds like he was known for this and has made friends feel in danger of their lives before by doing this

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If the friend knew this, his case goes to shite

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LINK


Looks like all 3 were spotted at the bar, and we know for certain(at least based on the reports) that Jose was drinking at the bar, so it would appear both friends were with Jose at the bar, watching him drink, and it looks like 90 minutes later chose to go on the boat knowing Jose would be driving.

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But back to the original points, what you have shared hs honestly painted Jose in a way worse light

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Like I said, he would go out driving his boat while drunk and on coke, and had done it multiple times before, that's basically known I'd think.

We probably can agree to disagree on how shitty of a person that makes him. It's obviously some terrible decision making and even selfish knowing your girl is pregnant, but I also don't think that defines him as a person and because he did this, he did not care or was just this terrible person.

You probably have plenty of friends who are now in their 30s and great fathers, just all around good dudes, who also got wasted and behind the wheel of their car in their early 20s. Lots of people do it. DOesn't make it cool or any less shitty, I just don't think that defines a person, at all.

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You probably have plenty of friends who are now in their 30s and great fathers, just all around good dudes, who also got wasted and behind the wheel of their car in their early 20s. Lots of people do it. DOesn't make it cool or any less shitty, I just don't think that defines a person, at all.

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I honestly don't man

Do I have friends who got behind the wheel drunk? Absolutely. But they all immediately knew of their mistake. I had zero friends that were habitual offenders. I think that is a huge character flaw that I do not want to around myself with

I guess we just disagree

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Does your opinion of him change? I think great ballplayer, but no different than a drunk driver killing someone, hard to glorify him at this point

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Why the frick is the drunk driver always the one to catch all the shite when their drunk arse passengers are just as much to blame for letting that person get wasted and drive?

I'm sorry but if you are a passenger who dies b/c your friend driving is drunk you are just as responsible for what happens.

If you are fricking sober and let a wasted person drive you? Well then frick you even more b/c you're a fricking waste of space that failed to step up and take control of a preventable situation.

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Go tell a millionaire 24 year old coked up Cuban you are driving his boat home. Tell me how that goes

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It's not that hard. You bitch that person out, take the keys, refuse to give them back unless you can drive, and that's that. If he had kept refusing I'd have grabbed the keys and tossed them into the ocean forcing his arse to call the Coast Guard.

Sorry but you deserve exactly what happens to you if you put yourself in that situation and do nothing.

I've taken keys from multiple friends (and thankfully had mine taken away as well) and no matter how fricking pissed they were at the time (as was I) the next day when sobriety kicked in the anger subsided and a whole bunch of "Thanks for looking out" apologies were in order.