In the News: Viper driver wants to sue

Started by Eye of the Tiger, December 23, 2005, 06:21:20 PM

Eye of the Tiger

People like this are one of the reasons they keep so many good cars out of America. :rolleyes:

http://www.dailynews.com/antelopevalley/ci_3335378
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footoflead

for the clicking impaired

QuoteA driver who had been drinking and admitted he took a curve too fast can sue The Newhall Land and Farming Company because his car skidded off a Valencia road and hit a berm on the firm's land, causing his sports car to overturn.

In a ruling issued Wednesday by the state Court of Appeal, justices overturned a lower-court decision relieving the Valencia-based development company of liability. The court did not find the company at fault, but reversed a judgment that summarily relieved it of responsibility.

Motorist Douglas Domel of Santa Clarita also has legal action pending against the city of Santa Clarita and the manufacturer of the 2001 Dodge Viper he was driving.

Dennis M. Elber, Domel's lawyer, did not return a call seeking comment. Marlee Lauffer of Newhall Land declined comment because officials there had not reviewed the court ruling.

Domel had been driving east on state Route 126 about 7 p.m. on April 21, 2001, when he turned onto Avenue Stanford, a sharp right turn at an intersection since revamped as part of freeway reconstruction.

Domel testified he was speeding, but had slowed to the posted limit on Stanford before the crash happened. The two sides dispute the posted speed limit: The plaintiff claims it was 50 mph; Newhall Land and the city of Santa Clarita, which is also being sued, say it was 10 mph on the turn, according to court documents.

Newhall Land contends that an hour after the accident, Domel's blood-alcohol level measured 0.06 percent, the court record said. Domel conceded he had had one or 1 1/2 glasses of wine before driving,
   
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the court record said. Under California law, a driver with 0.08 percent blood-alcohol reading is considered too drunk to drive.

Domel lost control of his car as he shifted from second to third gear after negotiating his turn, according to the court document. The rear of the vehicle shifted - prompting a product-liability lawsuit - and his car slid off the road, onto the shoulder and down a slope, where it hit a berm some 10 to 20 feet from the roadway, the record said.

The road was being reconstructed and as part of that work, Newhall Land had piled dirt to control rain runoff that otherwise would have to be treated before flowing into storm drains, according to the court record.

Wednesday's ruling reverses a summary judgment by Superior Court Judge Howard Schwab that cleared Newhall Land because it did not own or maintain the roadway where Domel skidded.

According to the appellate court, Newhall Land may face trial to test Domel's theory that the rollover was caused by the condition of the embankment and the shoulder of the road.
Speed is my drug, Adrenaline my addiction
Racing is an addiction...and the only cure is poverty
Sometimes you just have to floor it and hope for the best
Member of the Rag destroyed the 'CarSPIN carry the torch thread' club
Co-President of the I Fought the Tree and the Tree Won Club

m4c$'s ar3 th3 suck0rz club president!
'02 Mustang Red, Mine
'04 Mustang Silver, Dad's
'05 Silverado, Mom's

footoflead

People like that are the reason speed limits are so low :rolleyes:
Speed is my drug, Adrenaline my addiction
Racing is an addiction...and the only cure is poverty
Sometimes you just have to floor it and hope for the best
Member of the Rag destroyed the 'CarSPIN carry the torch thread' club
Co-President of the I Fought the Tree and the Tree Won Club

m4c$'s ar3 th3 suck0rz club president!
'02 Mustang Red, Mine
'04 Mustang Silver, Dad's
'05 Silverado, Mom's


Raza

Can I sue a company if I crash into its office building?  I nicked my finger on the Reynolds Aluminum foil cutter, can I sue them?  If I drive off a cliff, can I sue the state of Pennsylvania?

This is bloody bullshit.  He was drinking, he was driving, and he was careless.   I feel bad for the Viper.  I'd have taken better care of it.

Quis custodiet ipsos custodes?
If you can read this, you're too close


2006 BMW Z4 3.0i
http://accelerationtherapy.squarespace.com/   @accelerationdoc
Quote from: the Teuton on October 05, 2009, 03:53:18 PMIt's impossible to argue with Raza. He wins. Period. End of discussion.

Rupert

What does one expect when one is in the middle of a turn, the car is near it's max, and one shifts? Dumbass...
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TurboDan

Something about Viper drivers.  :rolleyes:

"Back in the day," I was friends with a girl who's boyfriend was pretty good at, well, stealing cars.  He once told me the story about how he approached a house with a Viper in the driveway, unlocked and unsecured.  He started the engine, took it for a spin, and returned it with a note saying "enjoy the ride, be more careful next time!"  :lol:  

sparkplug

That reminds me of the fella that sued because the camper he was driving didn't have autopilot.

Retarded.

cawimmer430

People like that should be confined to driving 50-hp Geo Metros. :lol:  
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JYODER240

QuoteSomething about Viper drivers.  :rolleyes:

"Back in the day," I was friends with a girl who's boyfriend was pretty good at, well, stealing cars.  He once told me the story about how he approached a house with a Viper in the driveway, unlocked and unsecured.  He started the engine, took it for a spin, and returned it with a note saying "enjoy the ride, be more careful next time!"  :lol:
One of my friends dads used to do that all the time when he was younger.  He would find unlocked cars at night take them out and do neutral drops all around town and them return them :blink:  
/////////////////////////
Quit living as if the purpose of life is to arrive safely at death


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mazda6er

*light bulb* Hey, maybe I can sue Mother Nature for making the roads icy when I crashed my car. :rolleyes:
--Mark
Quote from: R-inge on March 26, 2007, 06:26:46 PMMy dad used to rent Samurai.  He loves them good.

Co-President of the I Fought the Tree and the Tree Won Club | Official Spokesman of the"I survived the Volvo S80 thread" club
I had myself fooled into needing you, did I fool you too? -- Barenaked Ladies | Say it ain't so...your drug is a heart breaker -- Weezer

Raza

Sue the church--you're a victim of an act of god.

;)
Quis custodiet ipsos custodes?
If you can read this, you're too close


2006 BMW Z4 3.0i
http://accelerationtherapy.squarespace.com/   @accelerationdoc
Quote from: the Teuton on October 05, 2009, 03:53:18 PMIt's impossible to argue with Raza. He wins. Period. End of discussion.

mazda6er

Ooo! Or my parents for birthing a reckless bastard. :D
--Mark
Quote from: R-inge on March 26, 2007, 06:26:46 PMMy dad used to rent Samurai.  He loves them good.

Co-President of the I Fought the Tree and the Tree Won Club | Official Spokesman of the"I survived the Volvo S80 thread" club
I had myself fooled into needing you, did I fool you too? -- Barenaked Ladies | Say it ain't so...your drug is a heart breaker -- Weezer

footoflead

Speed is my drug, Adrenaline my addiction
Racing is an addiction...and the only cure is poverty
Sometimes you just have to floor it and hope for the best
Member of the Rag destroyed the 'CarSPIN carry the torch thread' club
Co-President of the I Fought the Tree and the Tree Won Club

m4c$'s ar3 th3 suck0rz club president!
'02 Mustang Red, Mine
'04 Mustang Silver, Dad's
'05 Silverado, Mom's

GMPenguin

QuotePeople like that should be confined to driving 50-hp Geo Metros. :lol:
Like me! :P :ph34r:


It's one thing that these dumbasses try to sue in the first place, but another when the courts agree.  <_<