So heres how this works.
a. The university is def not liable because jb was coming home from work and i think after dinner. That will get tossed out. He wasnt in the course and scope of his employment. I think the law is pretty clear on this.
b. Jb has some exposure because he as over the speed limit. The question will be could he have avoided the accident if he was going slower or more careful considering the conditions. The estate of this guy will probably get some expert to say he could have and that will be enough to get to a jury.
practically speaking howver, i would presume jb has sufficient insurance. So this will be taken care of by them. I dont blame the family. They probably arent well off. This will be a way to get some compensation even if ppl think the lawsuit is a bit bogus.
that said, this claim probably isnt worth a lot. Believe it or not, The recoverable damages for death claims in ny arent all that great. If this guy was single and not a high earner and assuming he died Or was unconscious, relatively quick which i think he did the claims prob worth like $250k maybe $500k tops. You add in the questionable liability, the fact that jb is beloved here and a jury likely wont want to find against him, and youre probably talking a settlement in low six figures tops. Thats well within whatever insurance jb will have. If bet this would go away for between $75-100k but itll be confidential.
btw this isnt “jb taking care of the family”. This is how the civil system works and why you buy insurance.
www.syracuse.com
