Unforeseen Emergency

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Yogi
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Unforeseen Emergency

Post by Yogi »

Coming home from a day at the beach, Brittany Lahm was driving a car full of playful friends. One of the guys in the back seat pulled the strings of Brittany's bikini top and undid it while she was driving. Brittany, apparently, let go of the stirring wheel for a moment, then crashed the car killing the young man who did the deed. She was subsequently sued for damages by one of the other passengers. An appeals court today declared that Brittany faced an unforeseen emergency when her bikini top was untied and thus is not liable for damages.

I'd have to agree with the appeals ruling. What I don't get is why the original trial verdict had to be appealed. What was THAT judge thinking?

http://news.msn.com/crime-justice/drive ... ocid=twmsn

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Ice.Maiden
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Re: Unforeseen Emergency

Post by Ice.Maiden »

It's difficult. I think the law expects all drivers to exercise care and attention when behind a wheel, so if someone's injured or killed in an accident caused by a driver not adhering to that, I would've expected them to be liable. I don't know if this girl took her eyes off the road as well as remove her hands from the steering wheel, or whether the "second" was actually a few seconds longer. Was she driving too fast? Didn't she feel her bikini top being unfastened? I'd have simply pulled up, but sadly, whatever happened caused the death of one of her passengers.

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Yogi
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Re: Unforeseen Emergency

Post by Yogi »

The court declared it an unforeseen emergency and thus the driver is not liable for damages.

You might have the presence of mind today to let it all hang out and simply move off the roadway to correct the problem. But this was a 19 year old girl in a car full of young males. Her reaction to the unexpected was quite normal in my opinion.

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Ice.Maiden
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Re: Unforeseen Emergency

Post by Ice.Maiden »

She'd be shocked, certainly. It WAS an unforeseen emergency, and yet one of the passengers who sued her for his injuries said that she "leaned forward for about 20 seconds as she attempted to retie her bathing suit top. His lawyers argued that she should have pulled over before trying to adjust her top".

If this really happened, then this's what the girl should've done, in my opinion, but we all react differently when unforeseen things happen. The young man played a stupid prank, but unless the driver was sitting forward, she must've felt the top being unclasped, and most people would've slowed right down at the very least.

It was a tragic accident, whatever.

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