Cancel 2018. 3
<-- sched 2, MJ sched 1
Florida Man Guilty of DUI Manslaughter Sues Victim
A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.
David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.
McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.
The money is to compensate Belniak for medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” according to the suit.
...
“There aren’t any facts that support the allegation [Tuomey] is making,” Deskins added. “That’s why the victims’ family is breathless” at Belniak’s suit.
Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.
The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added. And prior to the incident, citizens had called Florida Highway Patrol to say Belniak had been driving out of control, she said.
http://abcnews.go.com/blogs/headlines/2012/01/florida-man-guilty-of-dui-manslaughter-sues-victim/
i understand people have a right to bring their grievances to court for redress, however, frivolous or bad faith lawsuits like this tick me off. it gives the profession a bad name and is a waste of judicial resources. given the apparent facts of the accident, the attorney who filed the suit should be sanctioned.
A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.
David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.
McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.
The money is to compensate Belniak for medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” according to the suit.
...
“There aren’t any facts that support the allegation [Tuomey] is making,” Deskins added. “That’s why the victims’ family is breathless” at Belniak’s suit.
Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.
The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added. And prior to the incident, citizens had called Florida Highway Patrol to say Belniak had been driving out of control, she said.
http://abcnews.go.com/blogs/headlines/2012/01/florida-man-guilty-of-dui-manslaughter-sues-victim/
i understand people have a right to bring their grievances to court for redress, however, frivolous or bad faith lawsuits like this tick me off. it gives the profession a bad name and is a waste of judicial resources. given the apparent facts of the accident, the attorney who filed the suit should be sanctioned.
