Family sues DWI driver who hit boy in South Farmingdale

Full story: Newsday

The family of the South Farmingdale boy who was hit by a car on New Year's Eve has filed a lawsuit against the driver, who has a history of drinking and driving, according to the family's attorney.
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61 - 66 of 66 Comments Last updated Sep 20, 2009
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songbird

Livingston, NJ

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#65
Jan 11, 2008
 
Steve wrote:
Just a heads up on the supposed drunk driver. Yes she has a very checkerd past and probally should not have bin driving. But if anybody here other then me reads they would know that she blew a .06 which is a dui not dwi. The medication she was taking was prescription meds. You really have to wonder if the kid was dressed properly and had lights or reflectors whould she have even hit him????
dui or dwi matters only to the extent of her criminal liablity. if there's a criminal conviction, her civil liability -- well, she's liable. the only question for a civil jury is whether and to what extent the boy's attire and the lack of adequate lighting contributed to the accident, which would allow fault to be apportioned among those who contributed to the situation.
Harry Balzac

New York, NY

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#66
Jan 11, 2008
 
songbird wrote:
<quoted text>
dui or dwi matters only to the extent of her criminal liablity. if there's a criminal conviction, her civil liability -- well, she's liable. the only question for a civil jury is whether and to what extent the boy's attire and the lack of adequate lighting contributed to the accident, which would allow fault to be apportioned among those who contributed to the situation.
Of course, a convicted DWI offender is per se negligent in the related civil matter, provided injury and causation can be established. Facts establishing negligence on the part of the plaintiff may go towards mitigating the amount the driver has to pay under the comparitive negligence doctrine. but remember, he still must prove his injuries by competent evidence --it' not simply a matter of his lawyer demanding a million dollars and getting it on that word alone.
mister hard driver

New Hyde Park, NY

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#67
Jan 11, 2008
 
Steve wrote:
Just a heads up on the supposed drunk driver. Yes she has a very checkerd past and probally should not have bin driving. But if anybody here other then me reads they would know that she blew a .06 which is a dui not dwi. The medication she was taking was prescription meds. You really have to wonder if the kid was dressed properly and had lights or reflectors whould she have even hit him????
Yes, we're all very proud of your reading skills, but the story I read says she was charged with vehicular assault and driving while impaired.
So you would go before the jury to defend the driver and say, "It wasnt so bad, my client only had a little alcohol with her meds. This teenage bully, on the other hand, attacked my clients car with his bicycle." Good luck with that. As I said in an earlier post, this kid might have permanent injuries and by virtue of his hospital stay to this point will definitely evoke more sympathy from a jury than an "impaired" driver with convictions in 3 different decades. And those people worrying about a settlement affecting their premiums down the line -- yes, they all do. Another one of a lot of reasons to keep drunk drivers off the road.
jake

New York, NY

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#68
Jan 14, 2008
 
Nice to see so many people are perfect in thier lives. I only wish I could be as perfect as some of you apprently are.
Kou

Brooklyn, NY

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#69
Sep 20, 2009
 
Killing Time wrote:
2 things...
New Years Eve? What time did this happen. If it was the time of night on New Years Eve that people are driving drunk (10pm+) what the heck was this kid doing walking around?
The kid was unconscious for several days and has brain injuries, yet the family had the time to file a lawsuit within a week? Way to have your priorities set.
It was after 10 pm and the kid ran into her car
Kou

Brooklyn, NY

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#70
Sep 20, 2009
 
It was after 10 p.m. and the kid I heard ran right in front of her car on a bike

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