how can Judge's daughter sues driver she ran into during crash?
from houston chronicle
By BRIAN ROGERS Copyright 2008 Houston Chronicle
Dec. 18, 2008, 7:42AM
Elizabeth Shelton, shown with her father, juvenile court Judge Pat Shelton, had a blood alcohol concentration more than three times the legal limit when the SUV she was driving rear-ended a truck, killing her boyfriend.
Convicted last year of intoxication manslaughter for the death of her boyfriend, the 21-year-old daughter of a state district judge is suing the truck driver she ran into during a drunken driving crash.
Elizabeth Shelton, the daughter of juvenile judge Pat Shelton, is accusing truck driver Lance Bennett of negligence in the Oct. 23, 2007, wreck that killed her boyfriend Matthew McNiece.
Shelton had a blood alcohol concentration more than three times the legal limit, two tests showed. She was sentenced to eight years' probation and had to serve four months in jail.
Shelton, her family and the family of the boyfriend who was killed are suing for $20,000 for the destruction of the Lexus SUV she was driving and an undetermined amount for mental anguish, pain and suffering.
Bennett was driving the box truck that Shelton rear-ended on the Southwest Freeway near Kirby around 2 a.m.
Bennett's attorney, John Havins, said the lawsuit, filed in October, was the last chance to make a claim before the statute of limitations ran out.
He noted that Shelton named 16 defendants, including insurance companies and banks. "They're just throwing everything against the wall to see if anything sticks," Havins said.
During Shelton's trial, an expert for the defense testified there was evidence that Bennett swerved into Shelton's lane. An expert for the prosecution, however, said there wasn't evidence that Bennett got in her way.
Testimony also showed that the company Bennett was working for let the insurance on the truck lapse.
"The injuries and property damage sustained by (Shelton and her family) were not the result of intentional acts, but were accidental and caused by the negligence of the uninsured/underinsured driver," Shelton's attorney Mark Sandoval wrote in the lawsuit.
brian.rogers@chron.com
Re: how can Judge's daughter sues driver she ran into during crash?
Re: how can Judge's daughter sues driver she ran into during crash?
Not enough information to have an opinion worth spewing out over the internets, tbh. Her being drunk doesn't prove that the truck she hit didn't (also) do something wrong. "The obvious", in cases like this, isn't reliable enough to warrant condemning anyone.
Re: how can Judge's daughter sues driver she ran into during crash?
It looks pretty classic, throw out suits to everyone and see if anyone settles. It is unlikely the case will see the inside of a courtroom unless someone is uninsured and cannot afford a lawyer.
The fact that she was drunk does not automatically remove all liability from the truck driver, but it does change the mix. Most places you will have to prove you could not have avoided the accident if you were sober. Also, rear ending someone with enough speed to total the car means she was very likely speeding as well.
Looking at a more detailed article, it seems like it is an attempt to get money from her insurance company. If the truck driver cannot afford representation, than she may lawyer him into a settlement, which would suck.
Also, looking at older articles I have a hard time believing her claim.
Re: how can Judge's daughter sues driver she ran into during crash?
this is america you can sue a ham sandwich
Re: how can Judge's daughter sues driver she ran into during crash?
Quote:
Punishment for intoxication manslaughter cases range from 2 to 20 years in prison.
And she got 4 months. Ok?!
Re: how can Judge's daughter sues driver she ran into during crash?
i did 30 days and i wasnt even drunk
