That's fine and I hope the family is taken care of.it was an ice storm and doesn’t matter. I am just telling you what the argument will be.
That's fine and I hope the family is taken care of.it was an ice storm and doesn’t matter. I am just telling you what the argument will be.
That's fine and I hope the family is taken care of.
Im sure he will do something for the family.Not saying he is obligated too, but knowing the man he is.
jb, surei honestly don't blame the family for doing this.
If SU is the owner or leasee of the car, it is on the hook as well. For instance, before legislative changes, car companies that leased vehicles were held financially responsible for accidents in those vehicles. In short, the owner bears the financial responsibility, unless the vehicle was stolen or was being used outside the scope of his employment, and even then it would likely be used for indemnification from the driver, rather than getting SU out of the case and not being responsible to the plaintiff.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.
Who?Scumbags.
Wrong - owners are liable.still not enough for vicarious liability. He would be covered by Syracuse insurance however in that instance.
if Syracuse owned the vehicle they could allege the university was negligent for providing the vehicle to jb but that’s even flimsier than vicarious liability argument.
That's well and good, but it's not a strict liability statute, so there must be some evidence that his speed was a contributing factor. Not sure that will hold much water.it was an ice storm and doesn’t matter. I am just telling you what the argument will be.
Insurance companies will settle this not JB. I can’t even fathom the nexus to have SU as a party
Would that a loved one of yours isn't taken suddenly through actions of someone else.Scumbags.
I think the proof, as I understand it, does not bear that out. JB didn't lose control of his vehicle. He was trying to avoid an accident and the guy ran out in front of him.Regardless, too fast for conditions. Believe he was speeding though.
It seems almost like an unavoidable accident, but it’s all moot because insurance will cover everything. I’m sure that both SU and Boeheim have plenty of insurance, and there seems to be enough gray area to justify some sort of payment. The Brinones vehicle probably had insurance that will contribute, as well.most cars have data recorders now. Probably would have been tripped by the impact. I’m sure the cops pulled the vdr and that’s why they know how fast he was going.
su has more $$$ than jb, they pay his salaryjb, sure
su? c'mon
This is exactly right. NYS law deems the negligence of the driver (Boeheim) to automatically be the negligence of the owner of the vehicle (SU). Many people don’t know this, but it’s the law.If SU is the owner or leasee of the car, it is on the hook as well. For instance, before legislative changes, car companies that leased vehicles were held financially responsible for accidents in those vehicles. In short, the owner bears the financial responsibility, unless the vehicle was stolen or was being used outside the scope of his employment, and even then it would likely be used for indemnification from the driver, rather than getting SU out of the case and not being responsible to the plaintiff.
The first hurdle is the extent of liability on both sides. NY is a comparative negligence state. If they are both 50/50 at fault, the damages would be cut in half.
Then damages: expected lifetime earnings, retirement, medical insurance, etc., reduced to present value. Likely little conscious pain and suffering as I believe the deathwas all but instantaneous, if I recall the news articles.
If he has a wife or kids, they will have losses as well. Adult children though have little claim.
I would hope JB would have at least a $5M umbrella with an underlying $1M liability policy.
I would assume that JB is insulated from personal liability with trusts, LLCs, Corps, etc., except his wages, of course.
This will settle.
So keeping up with trafficHe was going 66 in a 55 I belive the Article says
Politically Incorrect Warning:
Another take. How about the unfortunate decedent was conducting himself "too unwisely for conditions."
From the report:
The disabled car, driven by Alberto Brinones, was cited for having unsafe tires as a contributing factor in the accident, according to the report. The car also had inoperable rear marker lights.
"A secondary contributing factor is pedestrian error/confusion, as the pedestrians remained on the dark highway dressed in dark clothing for a prolonged period of time after being aware of on-coming vehicles nearly colliding with the Dodge Charger," the report read.
Ya think Alberto Brinones will get sued for his negligence? In a shared negligence case Boeheim's share would be (I'm guessing here) 25% - if he was speeding. How did they know he was going 65 mph. I don't doubt it, I just wonder how it was discerned. A tragedy for sure, but another example of mining the deep pockets.
Don't mean to sound hard-hearted. Just seems like the predictable result of risky behavior with JB serving as the ultimate aligner of the fates.
That's well and good, but it's not a strict liability statute, so there must be some evidence that his speed was a contributing factor. Not sure that will hold much water.
I understand what you were saying, but I was clarifying that speeding, in and of itself, does not make JB liable. Has to be shown that it was a contributing factor.again, im just telling you what thet will argue. read my post and youll see it.
good call on owner liability though. I didnt know that.
Perhaps the overriding factor.Bad Press
I find myself wondering about the timing, filing right before the start of the hoops season.Feb 2019.
21 months ago.