Wife was just served with papers, $15,000,000 lawsuit:( Poll inside)

[Pliablemoose]

Long story, Reader's Digest version:

1.) Wife's ex husband ran into a bus that was stopped in his lane.
.....A.) Driver of bus was ticked for failure to yield right of way
.....B.) Ex husband died, nearly instantly
..........a.) He was not wearing his seat belt
..........b.) He tested + for cannibis during autopsy.
.....C.) 70 year old woman on bus complained of chest pain immediately after accident
............a.) Said woman refused medical care & went home and died later that evening from a massive heart attack.
............b.) Woman's family is suing estate of dead guy for $15 million, says her death is his fault

The estate is worthless, but we (wife is executor of estate, no-one else would volunteer & she is the sole living parent of dead ex's child) have a possible settlement (might get settled in a few years) pending for wrongful death against city/driver's insurance company. All $ will go to the minor child, wife has spent countless hours dealing with estate, paying bills, working with lawyers, etc to look out for child's interests.

From my limited understanding of Texas law, the estate is only accountable for damages if he is >50% accountable for her death.

Arrgh.....

 

[Arkitech]

Wow what a tragic story. I did'nt know what to vote for in the poll but I'm really interested in who's favor the court would rule in. Good luck to you and the family.

 

[Heisenberg]

Did the woman sign a form when she refused treatment at the scene? I would think if she did that would pretty much get you off the hook.

 

[Pliablemoose]

Originally posted by: Heisenberg
Did the woman sign a form when she refused treatment at the scene? I would think if she did that would pretty much get you off the hook.

She didn't sign a form to my knowledge, but it's worth looking into, thanks... (I have lots of friends in EMS & I can find out), I know there were @ least lots of witnesses to her refusal of treatment.

 

[moonshinemadness]

I thought if u refused treatment you HAD to sign a form to release the government/hospital from possible law suits

 

[FoBoT]

if i was on the jury i would ask the judge why my time was being wasted with a frivilous lawsuit

 

[slick230]

Damn that's a hard thing to have to deal with. I'm sorry to hear this. But this old lady could have had a heart attack sitting on the sh|tter at home if she never left the house. That's what old people do, they die. It's their job. For the family to be trying to sue your wife's ex's estate for this is another example of people looking for a payday at someone else's expense. Are they even going after the bus company, or the bus driver? I mean he was ticketed, which means he was partly to blame, right? Wouldn't it make more sense to go after a company rather that a deceased individual?

People make me sick. I hate them.

But good luck to you.

 

[NogginBoink]

Very interesting set of circumstances. It took me 2 or 3 readthroughs to appreciate the situation.

What happens if you settle the old lady case before your case against the city gets settled? If you do that, is old lady able to file another case against the estate if you happen to win in your case against the city?

If the answer is no, then hide your suit against the city (if you can) and settle the old lady claim quick, and hope for the best against the city.

OTOH, since the old lady suit is obviously a frivolous lawsuit, you can have fun and do everything in your power to prolong the suit and make it more and more and more and more expensive for them to purusue it. Once they've spent tons of money, drop your suit against the city, the estate is worthless, and old lady lawsuit spent gobs of money to sue a worthless estate.

 

[AdamDuritz99]

I work in the EMS field, and those medics should have got a refusal signed and probably witnessed. If they didn't they would be in deep s**t. oh, BTW this lawsuit is preposterous. Sorry to hear it's happening to your wife.

peace
sean

 

[NogginBoink]

Oh yeah: as for accountability, I don't think estate is responsible, but it's not my opinion that matters. It's a jury's opinon that matters.

Get a subpoena to see if old lady refused treatment, and possible a deposition from the ambulance driver/worker.

 

[Dudd]

If the bus was the vehicle ticketed and determined to have caused the accident, then I don't see how the old woman's family can get anything from you, especially if she refused treatment at the scene.

 

[Pliablemoose]

Are they even going after the bus company, or the bus driver?

Yes

What happens if you settle the old lady case before your case against the city gets settled? If you do that, is old lady able to file another case against the estate if you happen to win in your case against the city?

Suit against city already known by all, deep pockets in this circumstance are the company that insured the driver. Woman's family is suing dead guy's estate & the ins carrier each for $15 mil.

The city has a $100K limit on lawsuits

Best case scenario from our point of view is if her suit against the estate is ruled frivolous.

Estate is currently worth $7K (actually zero soon because of pending legal fees.)

Can't wait for every low life on the bus to file suit against the estate for whiplash

 

[HomeBrewerDude]

I don't want to sound callous, but what a pain in the ASS!!!!!

 

[Spac3d]

Originally posted by: Pliablemoose

Are they even going after the bus company, or the bus driver?

Yes

What happens if you settle the old lady case before your case against the city gets settled? If you do that, is old lady able to file another case against the estate if you happen to win in your case against the city?

Suit against city already known by all, deep pockets in this circumstance are the company that insured the driver. Woman's family is suing dead guy's estate & the ins carrier each for $15 mil.

The city has a $100K limit on lawsuits

Best case scenario from our point of view is if her suit against the estate is ruled frivolous.

Estate is currently worth $7K (actually zero soon because of pending legal fees.)

Can't wait for every low life on the bus to file suit against the estate for whiplash

Wow those bastards are really trying to cash in on this. 15million each?? That is just absurd.

 

[pinoy]

Man, what a "weird" story!

Goodluck to your family though.

 

[Ylen13]

from my limited understanding of estate laws i think your wife is not responsibel. I would talk to attorney to see how laws work in your state

 

[Ronstang]

Originally posted by: moonshinemadness
I thought if u refused treatment you HAD to sign a form to release the government/hospital from possible law suits

You do here in Texas last time I checked so contacting the EMS company would be a good start.

 

[Triumph]

If everyone sued for $15,000,000 everytime an old person died, we'd all be rich.

 

[ElFenix]

wow, what a crappy story

 

[IBuyUFO]

You should counter sue those bastards for wasting your time and for wrongful lawsuit if there's such a thing. I'd like to also add that the old woman was negligent as well for not having herself checked out.

 

[Gunslinger08]

Originally posted by: IBuyUFO
You should counter sue those bastards for wasting your time and for wrongful lawsuit if there's such a thing. I'd like to also add that the old woman was negligent as well for not having herself checked out.

You should counter sue the estate of the old woman.

 

[Angrymarshmello]

Damn Lee that really sucks.....what a load of crap :| :| :|

 

[Pliablemoose]

Originally posted by: Ylen13
from my limited understanding of estate laws i think your wife is not responsible. I would talk to attorney to see how laws work in your state

Wife is "administrative executrix" of estate, so she was served, she (we) aren't being sued, the estate is.

 

[Mill]

Originally posted by: Pliablemoose

Originally posted by: Ylen13
from my limited understanding of estate laws i think your wife is not responsible. I would talk to attorney to see how laws work in your state

Wife is "administrative executrix" of estate, so she was served, she (we) aren't being sued, the estate is.

I have a feeling legal fees are going to cost more than the Estate. If you want to fight it for the principal of the matter then go ahead. Otherwise I would settle for a few thousand and at LEAST try to keep something in the estate. Your situation really stinks and I hope it works out. Some people are just litigious assholes.

 

[Pliablemoose]

Originally posted by: Millennium

Originally posted by: Pliablemoose

Originally posted by: Ylen13
from my limited understanding of estate laws i think your wife is not responsible. I would talk to attorney to see how laws work in your state

Wife is "administrative executrix" of estate, so she was served, she (we) aren't being sued, the estate is.

I have a feeling legal fees are going to cost more than the Estate. If you want to fight it for the principal of the matter then go ahead. Otherwise I would settle for a few thousand and at LEAST try to keep something in the estate. Your situation really stinks and I hope it works out. Some people are just litigious assholes.

We're hoping his automobile insurance will fight, and save some $.

I don't think they'll settle for a couple of thousand when they're asking for 15 million.