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re: Mom suing Duck Commander and Louisiana DOTD for daughters death....

Posted on 4/8/16 at 6:42 am to
Posted by warlock1974
Prairieville
Member since Jan 2015
1842 posts
Posted on 4/8/16 at 6:42 am to
In that line of thinking, people who are in accidents involving drunk drivers should sue the parents of the person who grew up to farm the corn that was sued to create the alcohol that......

Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20543 posts
Posted on 4/8/16 at 7:12 am to
And when all is said and done, mom will not have her daughter back. Nor will she feel one bit better about it. This is why running out and suing behind emotion is retarded.

Suing to cover damages and missed work, ok - I can see that. This woman wants to hit the jackpot.
Posted by laangler21
On the lake.
Member since May 2012
3034 posts
Posted on 4/8/16 at 7:15 am to
DOTD will settle, they always do.
DC will more than likely as well just to avoid the headache.
Straight money grab by the mom, still wont bring her daughter back.
Posted by Perrydawg
Middle Ga Area
Member since Jan 2014
5159 posts
Posted on 4/8/16 at 7:17 am to
Yea those waiver of subrogation and additional insured endorsements are gonna be hard to overcome for her to come after Duck Commander for money.
Posted by noles25
Valparaiso FL
Member since Nov 2014
497 posts
Posted on 4/8/16 at 7:20 am to
I don't get it, she is suing because she "believes" that a big rig ran her daughter off the road, but has no proof?

But then the lawsuit makes it sound like it was a fact that she was ran off the road by the big rig.
Posted by BoostAddict
Member since Jun 2007
3259 posts
Posted on 4/8/16 at 7:37 am to
quote:

suing DOTD?

We're never getting a fricking loop now


This shite happens all the time.
Posted by jorconalx
alexandria
Member since Aug 2011
11308 posts
Posted on 4/8/16 at 7:40 am to
quote:

these type of lawsuits work. They throw everyone they can into it.


Well thank you captain obvious...
Posted by TJGator1215
FL/TN
Member since Sep 2011
14174 posts
Posted on 4/8/16 at 7:50 am to
It's not a money grab if they're at fault. Do people not realize this?
quote:

In most car accident cases, the key issue is determining which driver is at fault for the accident. Usually, if one driver is negligent -- that is, did not use reasonable care or caution while driving -- he or she will be at fault. (To learn more about fault in car accidents, read Nolo's article Car Accidents: Proving Fault.)

However, in some situations, the law can assign fault to someone who was not driving or even present in the car at the time of the accident. Although this sounds surprising, there are a number of common situations where this can occur.




LINK
Posted by TexasTiger89
Houston, TX
Member since Feb 2005
26993 posts
Posted on 4/8/16 at 7:57 am to
Posted by TJGator1215
FL/TN
Member since Sep 2011
14174 posts
Posted on 4/8/16 at 7:59 am to
Terrible analogy.
Posted by TheBoo
South to Louisiana
Member since Aug 2012
5564 posts
Posted on 4/8/16 at 8:02 am to
quote:

Kenna Brah


Woah bro
Posted by LNCHBOX
70448
Member since Jun 2009
89388 posts
Posted on 4/8/16 at 8:02 am to
quote:

It's not a money grab if they're at fault. Do people not realize this?


Suing DOTD for the reasons stated in the article is the very definition of a money grab.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 4/8/16 at 8:03 am to
quote:

You want to sue someone for a specific negligent act? Fine. But naming everyone and their momma in a shotgun attempt to get some cash? frick you.

well the time limits can be draconian. that's the main reason why they do this. Louisiana has a short statute of limitations so you kind of have to throw everybody in or else you may lose your ability to sue the "right" party
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 4/8/16 at 8:07 am to
quote:

Also, how is DC responsible? The trucking company would be a contractor, so the trucking company would be responsible not DC, correct?

depends on the contractor. if there is a contract wherein the trucking company has an indemnification clause, they will be dismissed pretty quickly (or DC will be left in, in name only)

and these companies have insurance companies who will handle these claims, and these insurance companies are major influences in how the rules about lawsuit procedure are written. i'm not excusing suing a party that is potentially not liable, but it's how plaintiffs have to work within the system heavily influenced by insurance companies (which we assume is how insurers prefer it)
Posted by boosiebadazz
Member since Feb 2008
86405 posts
Posted on 4/8/16 at 8:27 am to
Who is representing her?
Posted by ToulatownTiger
Louisiana
Member since Oct 2012
4597 posts
Posted on 4/8/16 at 8:29 am to
So super creepy story:

I matched with this Madison girl on Tinder. She was cute and had good personality. She never responded after a day of texting. I didn't know why but never bothered her. The next day I saw about the wreck on the news. Super sad stuff.

I use to have a pic of the match, but figured it was best to delete. RIP
This post was edited on 4/8/16 at 8:32 am
Posted by dallastigers
Member since Dec 2003
10984 posts
Posted on 4/8/16 at 8:29 am to

Does lawsuit include the trucking company? The news report just seems to thrown in that ABC was a licensee of Duck Commander and does not mention if they were contracted to carry their product at the time. I have not read much on this, so it may have been stated when it happened.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 4/8/16 at 8:31 am to
based on the report i assume EVERYONE was named. it would be negligent not to
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40907 posts
Posted on 4/8/16 at 8:32 am to
I thought they were going to say she was distracted blowing a duck call while driving.
Posted by lsujro
north of the wall
Member since Jul 2007
4095 posts
Posted on 4/8/16 at 8:32 am to
quote:

You want to sue someone for a specific negligent act? Fine. But naming everyone and their momma in a shotgun attempt to get some cash? frick you.




you have to sue everyone. otherwise, the person you do sue uses the straw man defense and you get nothing.
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