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Quote of the Day - Thanks to the Interstate Highway System, it is now possible to travel from coast to coast without seeing anything. - Charles Kuralt
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Sleeping Trucker Gets Belted With Verdict

Disclaimers out of the way first: when I'm in a car, I wear seat belt.

Unfortunately, long-distance trucker Ramon Lara typically does not.

When he's sleeping, that is. In the sleeper berth of his eighteen-wheeler. Despite the fact that his sleeper berth has a restraint.

Ramon was asleep in the berth while his son, Victor, was driving. Trouble was, Robert Nevitt lost control of his car in front of the truck, and Victor slammed on his brakes. Which, as you would expect, slammed Ramon into the front of the sleeping berth, injuring him.

As with all torts of this type, Ramon sued.

Then, even though he won and received damages, the jury determined that he was 50% at fault, and cut his damages in half.

For not wearing his (seat belt) restraining device while sleeping.

Ramon appealed, claiming that there was no law that required him to wear a seat belt and no industry custom or practice to wear seat belts while sleeping. He argued that the Court should not have instructed the jury about seat belts, and the jury issued a quotient verdict. But, he lost.

I guess you could say he thought the judge and jury was asleep at the wheel.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Monday, October 25, 2004 at 18:32 Comments Closed (0) |
 
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