the JB accident settlement

[upperdeck]

family settles

I just wonder if this was just a way to make it go away and maybe help them out? I mean if the police rule no ticket how can you argue driving recklessly is a thing?

 

[dasher]

family settles

I just wonder if this was just a way to make it go away and maybe help them out? I mean if the police rule no ticket how can you argue driving recklessly is a thing?

And how is Syracuse University a defendant?

 

[cuseallday]

I believe that SU was a defendant because the university owned the car that Boeheim was driving when the accident occurred.

 

[dan7800]

Is that link wrong?? What am I missing?

 

[PoppyHart]

family settles

I just wonder if this was just a way to make it go away and maybe help them out? I mean if the police rule no ticket how can you argue driving recklessly is a thing?

I'm sure it was the insurance company that settled.

 

[dan7800]

So JB wasn't found to have done anything wrong, yet still had to settle? The University owning the car is a bit different from a lot of bigger schools that have dealerships loan cars for free to the coaches. I was figuring a local dealership would have gotten drawn into this as well.

Whole thing sounds messed up.

 

[dan7800]

I'm sure it was the insurance company that settled.

Yea, how the heck would the owners of the car be found liable in this whole thing?

 

[Sbucketball]

This would have been handled by his insurer, which would have paid the attorneys’ fees and paid the settlement. Nothing to read into - insurers assess risk, measure the economics, put aside reserves and then settle if possible. It’s the industry business model. JB was just along for the ride. No pun intended.

 

[two3zone]

Ridiculous, I sympathize for the victim and their family but at some point they need to realistically look at the situation and not cast blame. It was an accident they anyone could be in.

 

[Sbucketball]

Yea, how the heck would the owners of the car be found liable in this whole thing?

The tort system in NY is more plaintiff friendly than some other states.

Suing the vehicle owner is common for injury suits. Car owner gets sued for negligent entrustment (eg let irresponsible, drunk, old, half blind, etc drive your car), negligent maintenance, and employers get sued for vicarious liability if it can be tied to a job.

The Univ also would have had insurance that would pay attorneys’ fees and probably chipped in with JB’s insurer for settlement. Plaintiffs lawyers try to cast a wide net to get multiple insurance policies or at least deep pockets.

 

[Orangezoo]

Lot of states like that, I got wrecked at a red light by a guy who was blinded by the sun while I was in a company car. My lawyer went after my companies insurance too. That was Nevada.

A very similar thing happened to my friends dad about 10 yrs back... and it was in Syracuse on the highway. In his case it was a different outcome where my friends dad was severely hurt and was in between vehicles vs in the highway itself. Settlement came through even though I'm not sure there was clear fault as weather was bad then too.

 

[atlanticuse]

Just wait for the University of Georgia settlements.
After very publicly choosing to not sue, the father sued for the max.

 

[Jasoncuse]

Is that link wrong?? What am I missing?

It’s as if we’re in Crazy Town

 

[atlanticuse]

Ridiculous, I sympathize for the victim and their family but at some point they need to realistically look at the situation and not cast blame. It was an accident they anyone could be in.

This gets off the topic of basketball, but their actions and behavior on an icy road were absolutely incredibly stupid. They ignored every rule of what not to do.

 

[jgeorge322]

guys, so this is how this works. first off, the insurance company settled, not jb. jb obviously has a lot of insurance on his vehicle.

second, plaintiff attorneys sue people they shouldnt all the time. Syracuse could probably be sues if it owned the car, but that’d be a weak case, or if jb injured the guy during the course and scope pf his employment. I believe jb was off duty so syracuse probably didnt have liability but the insurance company just would settle for everyone.

Third, the way this works in ny, if a claimant is 99% at fault but another party is 1% at fault, you can collect 1% of the damages from the other party. In some states, a claimant is barred from recovery if they were more than 50% at fault.

I believe JB was slightly over the speed limit. It was icy, the argument is he should have been going slower and then he could have avoided the accident. You can get an expert to say that. Once you have that expert evidence, theres enough to get to a jury.

Fourth, juries are wildly unpredictable. They are made up of buffoons like you. So a jury might find JB at fault because they feel bad for the dead guy or they know jb has deep pockets.

Last, once again, this was an insurance decision. Its costly to take cases to trial and like i said, hard to predict what a jury will do and a claimant can collect even if they are the majority at fault for the injuries.

My best guess, they paid the estate between $100k and $250k. Based on what i know, jb had good arguments, the guy shouldnt have tried to cross oncoming traffic and certainly should have been more careful doing so, and this is onondaga county— is a jury here really going to slam the goat? Doubt it.

Final point - death cases arent worth a lot in ny. The case would have been worth a lot more if the guy survived but was a parapalegic or something. Then the medical bills are crazy. The damages here were probably some wage loss, maybe some conscious pain and suffering, and loss of consortium for wife and any kids.


Sorry to be blunt - someone lost their life - but this is how the system works.

Also see post 9 in the below. Confidential settlement as predicted.

https://syracusefan.com/threads/jim-boeheim-and-syracuse-university-sued-by-victim’s-family-over-2019-fatal-crash.156407/#post-3592241

 

[atlanticuse]

I have a newfound respe$t for SU LAW.
And not because of our sitting prez.

 

[STEVEHOLT]

guys, so this is how this works. first off, the insurance company settled, not jb. jb obviously has a lot of insurance on his vehicle.

second, plaintiff attorneys sue people they shouldnt all the time. Syracuse could probably be sues if it owned the car, but that’d be a weak case, or if jb injured the guy during the course and scope pf his employment. I believe jb was off duty so syracuse probably didnt have liability but the insurance company just would settle for everyone.

Third, the way this works in ny, if a claimant is 99% at fault but another party is 1% at fault, you can collect 1% of the damages from the other party. In some states, a claimant is barred from recovery if they were more than 50% at fault.

I believe JB was slightly over the speed limit. It was icy, the argument is he should have been going slower and then he could have avoided the accident. You can get an expert to say that. Once you have that expert evidence, theres enough to get to a jury.

Fourth, juries are wildly unpredictable. They are made up of buffoons like you. So a jury might find JB at fault because they feel bad for the dead guy or they know jb has deep pockets.

Last, once again, this was an insurance decision. Its costly to take cases to trial and like i said, hard to predict what a jury will do and a claimant can collect even if they are the majority at fault for the injuries.

My best guess, they paid the estate between $100k and $250k. Based on what i know, jb had good arguments, the guy shouldnt have tried to cross oncoming traffic and certainly should have been more careful doing so, and this is onondaga county— is a jury here really going to slam the goat? Doubt it.

Final point - death cases arent worth a lot in ny. The case would have been worth a lot more if the guy survived but was a parapalegic or something. Then the medical bills are crazy. The damages here were probably some wage loss, maybe some conscious pain and suffering, and loss of consortium for wife and any kids.


Sorry to be blunt - someone lost their life - but this is how the system works.

Also see post 9 in the below. Confidential settlement as predicted.

https://syracusefan.com/threads/jim-boeheim-and-syracuse-university-sued-by-victim’s-family-over-2019-fatal-crash.156407/#post-3592241

you can sue anyone for anything. this country is so ridiculous.

 

[Capt. Tuttle]

So JB wasn't found to have done anything wrong, yet still had to settle? The University owning the car is a bit different from a lot of bigger schools that have dealerships loan cars for free to the coaches. I was figuring a local dealership would have gotten drawn into this as well.

Whole thing sounds messed up.

There is a difference between criminal liability and civil. (Think O.J.)
Jim was traveling almost 20% over the posted speed limit.
You have a duty to be able to stop your vehicle to avoid trouble in the road.
A public trial would have been a spectacle. JB’s defense would have been two-fold: 1) he was not negligent in anyway (NY is a comparative negligence state. The jury apportions “fault” between the parties. JB could have been found to be 10% wrong and would have had to pay something) and 2) the deceased’s life was not worth that much, economically. (NY has some antiquated wrongful death laws for damages.)
It’s unlikely to have been a large settlement.
This is also best for JB and the family.

 

[Chip]

you can sue anyone for anything. this country is so ridiculous.

 

[Capt. Tuttle]

View attachment 227423

Depends on the state. This is a good article on the 3 different negligence standards.

State by State Negligence Laws [Complete Guide]

Seeking compensation in the aftermath of a serious car accident can vary from state to state, especially as negligence laws vary greatly across the country. Each state has differing laws in regard to negligence and how that factors into the amount of compensation you can receive for your...

www.maloneyandcampolo.com

 

[cliftonparksufan]

There is a difference between criminal liability and civil. (Think O.J.)
Jim was traveling almost 20% over the posted speed limit.
You have a duty to be able to stop your vehicle to avoid trouble in the road.
A public trial would have been a spectacle. JB’s defense would have been two-fold: 1) he was not negligent in anyway (NY is a comparative negligence state. The jury apportions “fault” between the parties. JB could have been found to be 10% wrong and would have had to pay something) and 2) the deceased’s life was not worth that much, economically. (NY has some antiquated wrongful death laws for damages.)
It’s unlikely to have been a large settlement.
This is also best for JB and the family.

I served on mock trials for a large "injury attorney" law firm. As much as JAB was not at fault, one could easily be convinced that if he was not "speeding" under those conditions that no accident would have happened, no matter what action the plaintiff put himself in. I might be able to see 10%.

I was on those same roads that night prior to the accident. I got off the Thompson Rd exit as I was staying up at Carrier Circle. The conditions were horrible. It was one of those nights that you drive in the middle lane and hope you don't need to use your brakes until you have slowed down for your exit.

 

[Capt. Tuttle]

View attachment 227423

I once got my client (a minor) who got hurt by a car while at his babysitter’s, $50,000.00 from his mother’s car insurance, even though her car was 20 miles away when her son got hurt.
Got 7 figures for a client who left his motorcycle kick stand down. It wiped him out, leaving him paralyzed. Why? Congress passed a law that leaving kickstands down is a known risk, so motorcycles had to have designs to over come that risk. This one didn’t.
Just have to understand the law. That’s why there are special schools.

 

[Capt. Tuttle]

I believe that SU was a defendant because the university owned the car that Boeheim was driving when the accident occurred.

The titled owner is liable, if the car is used with consent of the owner. Insurance follows the car, no matter who is driving.

 

[STEVEHOLT]

I once got my client (a minor) who got hurt by a car while at his babysitter’s, $50,000.00 from his mother’s car insurance, even though her car was 20 miles away when her son got hurt.
Just have to understand the law. That’s why there are special schools.

This is great . This explains my high insurance rates despite perfect driving record

 

[pfister1]

Ok, I understand the high cost of insurance now......but is there a legitimate explanation for the high cost to get home delivery of the newspaper?