Help change a tire, liable for driver's drunk driving?

[HoughMade]

Thankfully not in Indiana.

I think I've made my rather mercenary position about lawsuits well known....but this one even has me shaking my head. Sanctionable? probably not, but for me personally, bringing this lawsuit is over the line.

On September 27, 2012, Gabriel Biddle drove into the Bank’s parking lot because he had a flat tire… The Bank employees who spoke with Biddle said he appeared “somewhat unaware and unsettled,”… but they assumed he was frustrated with needing to change the tire. They did not see any alcohol containers in the car, observe that his eyes were bloodshot, or smell alcohol. They did not suspect he was intoxicated. They did not take possession of Biddle’s keys or exert any control over his car. The Bank employees testified they were not trained, as part of their jobs, to identify whether an individual is intoxicated. The Bank employees helped Biddle change his tire, and afterward they noticed he “kind of staggered.”.. Biddle got into his car and left the Bank property.

Neal sued the Bank,2 alleging she would not have been injured in the accident but for the Bank employees’ negligent act of helping Biddle change his tire so he could get back on the road. She claimed the Bank assumed a duty of care toward her and other motorists when its employees helped change the tire.

http://www.in.gov/judiciary/opinions/pdf/02021701msm.pdf

 

[tmschuller]

good Samaritan law?? I know that gets trumped by stupid..

 

[Leo]

ambulance chaser throwing at shotgun pattern at deep pockets hoping something will stick. If they can stuff a jury box with low life scum, it will pay. Not right, but profitable.

 

[joe138]

Goes under the "no good deed goes unpunished" rule.

 

[MarkC]

So bank employees aren't under a duty to stop drunk drivers? Who would have thought?

I have to agree with Jim; probably not sanctionable, but what a stretch to have brought this suit. Everyone has to have someone (with deep pockets) to blame.

 

[bobzilla]

This is why there are so many dead lawyer jokes.

 

[Alamo]

So I'm confused by the judicial logic here: do I have a public duty to call 911 and report a suspected drunken driver whenever I see anybody with a flat, or do they have to be in a bank parking lot first? Should I spike their other three tires to prevent some unwoke Good Samaritan from changing the flat and accidently unleashing mayhem on the highway?

 

[phylodog]

There should be consequences for idiots who file this type of lawsuit. Financial ruin without the aid of bankruptcy would be a good one.

 

[MarkC]

So I'm confused by the judicial logic here: do I have a public duty to call 911 and report a suspected drunken driver whenever I see anybody with a flat, or do they have to be in a bank parking lot first? Should I spike their other three tires to prevent some unwoke Good Samaritan from changing the flat and accidently unleashing mayhem on the highway?

I think you're also required to break out all their windows, too, just in case.

 

[Alamo]

And all this time I thought when you get a flat you should call AAA. Apparently it's just AA.

 

[Leadeye]

Always follow the money.....

and banks got money.

 

[femurphy77]

There should be consequences for idiots who file this type of lawsuit. Financial ruin without the aid of bankruptcy would be a good one.

Seconded!

 

[MarkC]

Always follow the money.....

and banks got money.

Just like Willie Sutton, the famous bank robber said when asked why he robbed banks: "Because that's where the money is."

And we all know some broken down defendant who got eight years (four served) for OWI resulting in serious bodily injury won't have anything left.

 

[HoughMade]

Just like Willie Sutton, the famous bank robber said when asked why he robbed banks...

Yes. It's a roughly equivalent morality.

 

[actaeon277]

One can only hope, the parties bringing this lawsuit need their tire changed, and can't find anyone to do it.