Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[RedFXR2]

For those wondering, here's the latest since the blood was re-tested in Colorado:


Passenger files suit against motorcycle builder
Lawsuit claims pain, suffering
BY KEYONNA SUMMERS • FLORIDA TODAY • MAY 17, 2008

Already facing the possibility of 15 years behind bars and having compensated the family of an accident victim, renowned motorcycle builder Billy Lane is being sued again – this time by a friend.
Erin Derrick, the passenger in Lane's truck the night of the Labor Day 2006 crash that claimed the life of Melbourne Beach man, has filed a civil suit against Lane for pain and suffering.

Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass several cars, striking Sebastian Inlet park ranger Gerald Morelock's motorcycle head-on.

Lane, 38, is charged in criminal court with one count of DUI manslaughter.
Morelock's family, Lane and DaimlerChrysler, which provided Lane with the truck he was driving for promotional purposes, reached an undisclosed out-of-court settlement on a wrongful death suit in July.

In Derrick's suit, filed last week in Brevard Circuit Court, she asks for a jury trial and unspecified damages of at least $15,000 for permanent injuries she said have left her neither able to work nor pay off mounting medical bills.

The suit also holds liable DaimlerChrysler, which provided the vehicle to Lane despite his prior driving history.

At the time of the accident, Lane was facing trial in North Carolina on a DUI charge -- of which a judge found him not guilty -- and his license had been revoked for refusing a breath test.
Derrick's attorney, Martin Buckley of Orlando, did not respond to messages Friday seeking comment.

But Greg Eisenmenger, Lane's attorney in the criminal DUI case, said his client considers Derrick a friend and understands that she wants to have her day in court.

He said Lane's insurance company, which would likely represent him in the civil case, has not been served with the suit, but that Lane was aware that it was being filed.
"Any time you have an accident that involves injury, you expect this kind of thing," Eisenmenger said Friday after a hearing at the Viera courthouse. "Mr. Lane understands that and . . . there's no hard feelings."

Attorneys are now eyeing a fall trial date in the criminal case, which has been at a standstill since Lane's lawyers requested that his blood samples be re-tested by an out-of-state laboratory.
Eisenmenger said the final results are in, but his team can't move forward until they meet with their toxicology expert for a final briefing on the data.

The lawyers are due back in court June 12, a week from the date Judge Meryl Allawas ordered Eisenmenger to have filed any motions regarding the blood evidence.

The state will then have the opportunity to schedule depositions with the toxicologist, staff from the hospital that drew the blood samples or any other relevant witnesses.

Allawas said she hopes to set the case for a September or October trial at the next hearing.

http://www.floridatoday.com/apps/pbcs.dll/article?AID=2008805170322



Billy Lane likely to stand trial this fall
BY KEYONNA SUMMERS • FLORIDA TODAY • MAY 16, 2008

VIERA -- Attorneys are now eyeing a fall trial date in the DUI manslaughter case involving motorcycle builder Billy Lane.

Lane, 38, appeared in court today for a status hearing stemming from a fatal Labor Day 2006 car accident.
 
Police say Lane, charged with one count of DUI manslaughter, was more than twice over the legal limit when his car struck a motorcycle driven by Gerald Morelock, 56, of Melbourne Beach. He faces up to 15 years in prison if convicted.

The case has been at a standstill since Lane's lawyers requested that his blood samples be retested by an out-of-state laboratory. The final results are in, but Lane's lawyers said can't move forward until they meet with their toxicology expert for a final briefing on the data.

A June 12 hearing date was set, by which time defense attorney Greg Eisenmenger said he expects to have met with the toxicologist and filed any motions regarding the blood evidence.

Judge Meryl Allawas ordered him to submit his motions to the court by June 6, giving prosecutor Tom Brown the opportunity to schedule depositions with the toxicologist, staff from the hospital that drew the blood samples or any other relevant witnesses.

Allawas said she hopes to schedule a September or October trial date at the next hearing.

http://www.floridatoday.com/apps/pbcs.dll/article?AID=200880516008

[amigo Jorge]

He deserves to be punished .......my daughter and grandson were killed by a drunk driver and he is serving 22 years in prison.

[TankerPig]

I absolutely agree he needs to go to jail.  Can someone clarify for me on the settlement?  I'm not too legal-smarts 
Since he settled with the family out of court, they can't sue him any longer in civil court, but he can still be punished through criminal court and do prison time, right?

I'm suprised this "friend" didn't sue earlier.

[SPIDERMAN]

It occurs to me that if Mr. Lane had plead guilty ASAP after the accident and reached a plea agreement with the courts, he'd most likely be at least 1/2 way through his sentence and once completed could get on with his life. He also would have done a lot for his reputation in accepting responsibility for this tragedy and attoning for his crime. As is, he is living the life of a weasel, letting a deep pocket corporation pay for his sins and not being a man about this. I used to like the guy. Met him a couple times at the Bank and Blues in Daytona and he seemed to be a regular dude, not at all impressed with his celebrity and approachable. Too bad he's turned into the quntessential quasi-celebrity punk who hides behind lawyers and press agents. Accepting guilt and doing his time might do a lot to help the family of the victim get on with their lives as well.

B B

[RedFXR2]

He also would have done a lot for his reputation in accepting responsibility for this tragedy and attoning for his crime. As is, he is living the life of a weasel, letting a deep pocket corporation pay for his sins and not being a man about this.

It could be argued that this view would be naive, and that he can't be blamed for trying to save his own skin at this point by whatever means at his disposal.  However, it is my opinion that, considering the circumstances, he might have done himself a huge favor by accepting responsibility and apologizing up front and becoming the poster child for atonement before going to trial, thus likely gaining a positive view by the jury, and quite possibly leniency by the court.  As it is, his image has taken such a beating that when he finally does go to trial, a jury will see all the legal wranglings and escape attempts and quite possibly view him even harsher than the circumstances would ordinarily have demanded.

Of course, this is just my (somewhat) idealized opinion.  My wife, the lawyer, says that I'm the naive one.

[RedFXR2]

Can someone clarify for me on the settlement?  I'm not too legal-smarts 
Since he settled with the family out of court, they can't sue him any longer in civil court, but he can still be punished through criminal court and do prison time, right?

I'm suprised this "friend" didn't sue earlier.

The victim's family has settled their civil suit with Daimler-Chrysler.

Erin Derrick probably has been told that if she ever wants any money from Lane because of this, she better hurry up before it's all gone to his lawyers and he's in jail.

[grc]

I don't profess to know anything about this case in particular, but the situation with the lady passenger does bring a question to mind.  Wouldn't you think that any reasonably sane person who knowingly jumps into a car with a drunk driver should bear most of the responsibility for their own stupidity?  Why is it that every Tom, Dick, and Harriet seems to look at car crashes or other incidents as if they won the friggin' lottery?  Be thankful your dumb ass is still alive, file a claim with his insurance for your medical costs, and move on.

Oh, and I really love how our legal system has embraced the "sue the folks with the deepest pockets, even though they had nothing to do with the incident" mentality.  Unless Chrysler served him the liquor or handed him the keys while he was obviously intoxicated, the fact that he was driving one of their vehicles means diddly.  Every single one of us pays for this mentality, in our insurance premiums and in the price of the products we buy.  I didn't notice in the writeup, but did the lawyers also sue the folks who made the liquor and the folks who served it?  That would make more sense than suing Chrysler, IMHO.

Jerry

[SPIDERMAN]

I don't profess to know anything about this case in particular, but the situation with the lady passenger does bring a question to mind.  Wouldn't you think that any reasonably sane person who knowingly jumps into a car with a drunk driver should bear most of the responsibility for their own stupidity?  Why is it that every Tom, Dick, and Harriet seems to look at car crashes or other incidents as if they won the friggin' lottery?  Be thankful your dumb ass is still alive, file a claim with his insurance for your medical costs, and move on.

Oh, and I really love how our legal system has embraced the "sue the folks with the deepest pockets, even though they had nothing to do with the incident" mentality.  Unless Chrysler served him the liquor or handed him the keys while he was obviously intoxicated, the fact that he was driving one of their vehicles means diddly.  Every single one of us pays for this mentality, in our insurance premiums and in the price of the products we buy.  I didn't notice in the writeup, but did the lawyers also sue the folks who made the liquor and the folks who served it?  That would make more sense than suing Chrysler, IMHO.

Jerry

Jerry
       Normally I would agree with everything you say above. However, in this case, anyone who ever met, saw Billy on TV or just heard of him remotely was aware of the fact that from the time he woke up til he put his head on the pillow again that night he had a beer in his hand. Chrysler needed only to do the most cursive of background checks on the guy to know he had a couple outstanding DUI's and a long history of drinking and driving. I liken this to Michael Vick. Arthur Blank owner of the Falcons paid Vick 120 million bucks (one player $120mm) and then couldn't see that he needed to spend maybe another hundred thousand or so on a PI to have the guy watched ?  Stupid, stupid, stupid. Maybe because I've never had any real money (that's when you've got enough you pay other people to count it ) I muse about what I'd do if I owned H-D Inc, the NY Yankees, the NE Patriots, The Boston Celtics etc etc and because I'm a piker common sense wins out in my musings. In any event, I figure Chrysler paid for their own stupidity, not Lane's

B B



B B

[AXIL]

billy lane who ?  oh!  you mean....he was forgotten before he was missed.

[grc]

Jerry
       Normally I would agree with everything you say above. However, in this case, anyone who ever met, saw Billy on TV or just heard of him remotely was aware of the fact that from the time he woke up til he put his head on the pillow again that night he had a beer in his hand. Chrysler needed only to do the most cursive of background checks on the guy to know he had a couple outstanding DUI's and a long history of drinking and driving. I liken this to Michael Vick. Arthur Blank owner of the Falcons paid Vick 120 million bucks (one player $120mm) and then couldn't see that he needed to spend maybe another hundred thousand or so on a PI to have the guy watched ?  Stupid, stupid, stupid. Maybe because I've never had any real money (that's when you've got enough you pay other people to count it ) I muse about what I'd do if I owned H-D Inc, the NY Yankees, the NE Patriots, The Boston Celtics etc etc and because I'm a piker common sense wins out in my musings. In any event, I figure Chrysler paid for their own stupidity, not Lane's

B B
 

Brian, the idiot at Chrysler who gave this guy a free ride should have his butt kicked for being stupid, but that still doesn't mean Chrysler should be responsible for the incident.  If he didn't have the Chrysler to drive, would he have been unable to get another vehicle and therefore the incident would have never taken place?  I seriously doubt that.  I guess if he rented a car from Hertz and then killed someone, it would be Hertz's fault?  Or if he borrowed his mom's car it would have been mom's fault?  How about if he stole a car, would it be the owner's fault for not securing his vehicle?  One person, and one person alone, is at fault here.  He needs to go to prison for a long time, and every asset he has should be subject to forfeiture to pay any civil judgements.  If that isn't enough money when combined with his insurance coverage, then I'm sorry but I don't see that as a good excuse for going after third parties to boost the take.  Maybe the attorneys could reduce their fee's to help their clients out a little.

JMHO - Jerry

[Free]

Brian, the idiot at Chrysler who gave this guy a free ride should have his butt kicked for being stupid, but that still doesn't mean Chrysler should be responsible for the incident.  If he didn't have the Chrysler to drive, would he have been unable to get another vehicle and therefore the incident would have never taken place?  I seriously doubt that.  I guess if he rented a car from Hertz and then killed someone, it would be Hertz's fault?  Or if he borrowed his mom's car it would have been mom's fault?  How about if he stole a car, would it be the owner's fault for not securing his vehicle?  One person, and one person alone, is at fault here.  He needs to go to prison for a long time, and every asset he has should be subject to forfeiture to pay any civil judgements.  If that isn't enough money when combined with his insurance coverage, then I'm sorry but I don't see that as a good excuse for going after third parties to boost the take.  Maybe the attorneys could reduce their fee's to help their clients out a little.

JMHO - Jerry

Jerry - couldnt agree with you more.  Very few take responsibility for their own actions. Everyone wants to blame someone else. Its not my fault that i smoked cigarettes for 20 years when i knew it was bad for me - its the cigarette companies fault. Its not my fault that i borrowed too much money and didnt set aside money for a rainy day, its my mortgage company's fault for letting me borrow money so cheaply. Its not my fault that i drank to much and got in a car and hurt someone, its the car companies fault for selling me a car!!!

Free

[SPIDERMAN]

Good discussion guys. I like reading other people's views when they are as well thought out and reasoned as the posts here. In spite of what may at times come off as a know it all approach, I value other's opinions and will change my own outlook if I see the wisdom in what someone else has to say on a subject.

B B

[NukeIT]

It could be argued that this view would be naive, and that he can't be blamed for trying to save his own skin at this point by whatever means at his disposal.  However, it is my opinion that, considering the circumstances, he might have done himself a huge favor by accepting responsibility and apologizing up front and becoming the poster child for atonement before going to trial, thus likely gaining a positive view by the jury, and quite possibly leniency by the court.  As it is, his image has taken such a beating that when he finally does go to trial, a jury will see all the legal wranglings and escape attempts and quite possibly view him even harsher than the circumstances would ordinarily have demanded.

Of course, this is just my (somewhat) idealized opinion.  My wife, the lawyer, says that I'm the naive one.

Somebodies got to do it, what if he is INNOCENT? It would explain the out of state lab testing, and legal circus... Of course Chrysler doesn't care they just want it to go away so they just throw money at it and sign a nondisclosure deal.....

and as for the jury... as a member of the jury should you not hold yourself to only consider evidence that is given in the case?

I only bring this up guys because we are in America where you are innocent until proven guilt in the "COURT OF LAW", not court of public opinion...

[RedFXR2]

what if he is INNOCENT?

Nobody, not even Lane's lawyers contest the facts that Lane was driving, Lane passed three cars illegally on a double yellow line, and Lane hit Morelock head on and killed him.  They don't contest that the Police ordered, hospital-administered blood test resulted in a .192 reading, more that twice the legal limit in Florida.  The are contesting that degree of his drunkenness by ordering a re-test.  There are numerous eyewitnesses to the crash.  His innocence of the accident is not being contested.  Only the degree of his drunkenness.

[Diesel Dragon]

Brian, the idiot at Chrysler who gave this guy a free ride should have his butt kicked for being stupid, but that still doesn't mean Chrysler should be responsible for the incident.  If he didn't have the Chrysler to drive, would he have been unable to get another vehicle and therefore the incident would have never taken place?  I seriously doubt that.  I guess if he rented a car from Hertz and then killed someone, it would be Hertz's fault?  Or if he borrowed his mom's car it would have been mom's fault?  How about if he stole a car, would it be the owner's fault for not securing his vehicle?  One person, and one person alone, is at fault here.  He needs to go to prison for a long time, and every asset he has should be subject to forfeiture to pay any civil judgements.  If that isn't enough money when combined with his insurance coverage, then I'm sorry but I don't see that as a good excuse for going after third parties to boost the take.  Maybe the attorneys could reduce their fee's to help their clients out a little.

JMHO - Jerry

I agree 100%

And the only reason they went after Chrysler was because they had the biggest wallet, simple as that in every lawsuit, the one with the most money is always to blame.

DD

.