Tracy Morgan Accident --

Discussion in 'The Howard Stern Show' started by thunderfist2112, Sep 30, 2014.

  1. thunderfist2112

    thunderfist2112 Well-Known Member Banned User

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  2. Phan Neepack

    Phan Neepack Well-Known Member

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    I'm Brian Fellows !!!!
     
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  3. thunderfist2112

    thunderfist2112 Well-Known Member Banned User

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    [​IMG]
     
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  4. yaddc

    yaddc Well-Known Member

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    Very interesting the old seat belt rule. Hmmmmmmmm.
     
  5. Apple the cat

    Apple the cat Moral conscience of the Shed

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    Leave it to MalWart to try and pass the blame to someone else. They're going to lose a day or two's profit when Tracy's lawyers bring this to court.
     
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  6. Ferris Bueller

    Ferris Bueller floating around

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    is he retarded now?
     
  7. nicksgt

    nicksgt Well-Known Member

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    now?
     
  8. Ferris Bueller

    Ferris Bueller floating around

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    :spit:

    i mean . Is he normal now ?
     
  9. SouthernListen

    SouthernListen I don't follow the crowd. Sorry about that. VIP

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    Well certainly his injuries might have been less severe had he been wearing one.

    I doubt they claim no liability.

    Depending on the type of vehicle the judge or jury may disagree, as it's not customary to wear belts in some situations in some vehicles. (motorcycles, school buses, etc)

    It's not unreasonable, however, to argue that the plantiff contributed to his injuries by negligently riding in a bus w/o a seat belt on, so that this is factored in to a judgement.

    It wouldn't just be "typical Walmart" who'd be doing this.
     
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  10. chuk

    chuk Well-Known Member

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    No, he's still black.
     
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  11. DogStar69

    DogStar69 Well-Known Member

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    Thier truck driver fell asleep and killed one person and almost killed him. Unless he was in the front seat he is not required to wear a seat belt, many people in the back seats don't.

    I think the devil runs Walmart.
     
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  12. AllAboutHim Ed

    AllAboutHim Ed #mypurpose VIP

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    There is truth to their point.
     
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  13. Nemo

    Nemo Beer Can Thick Gold

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    It's an insurance thing, retards.
    Wear your seat belt!
     
  14. Nemo

    Nemo Beer Can Thick Gold

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    Laws of motion don't apply in the back seat?
    :facepalm:

    I betcha somewhere in the fine print Tracy signed on to wear his seat belt.
     
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  15. SouthernListen

    SouthernListen I don't follow the crowd. Sorry about that. VIP

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    From a personal injury lawyer website...


    Contributory negligence examples
    Posted on September 26, 2010 by Mark Thompson
    Contributory negligence needs some explanation.

    Contributory negligence is sometimes called partial fault, but this is confusing. The concept is based on a claimant being partly responsible for the damage. I am asked about 50:50 offers to settle personal injury cases. They are usually just compromise offers which have no real basis in law.

    [​IMG]

    A good example to start with is a car driver or passenger who does not wear a seat belt. Not wearing the seat belt does not cause the accident, but it contributes to the damage (the injury in this example).
     
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  16. DogStar69

    DogStar69 Well-Known Member

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    Not with Walmart he didn't sign any agreement.

    You are more likely to be injured when riding in the front seat. That is why it is not required that people under 18 have to wear them in the backseat, everyone has to wear them in the front seat.

    If I rode one of those limo busses with long bench seats on the side I might not wear a seat belt either, but I'm not sure if this is what he was in.

    I'm sure the driver signed a contract with Walmart not to fall asleep and kill people.
     
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  17. chuk

    chuk Well-Known Member

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  18. Nemo

    Nemo Beer Can Thick Gold

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    :rolleyes:
     
  19. Lance Murdock

    Lance Murdock Well-Known Member

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    it goes to mitigation of damages; even if the law doesn't require a seatbelt, the "seatbelt defense" lets the Defendant offer proof of no seatbelt and proof, usually by expert, of what the Plaintiff's injuries would have been had s/he been wearing a seatbelt, then they can ask the jury to award damages only to what the injury would have been if the seatbelt was worn.
     
  20. Nemo

    Nemo Beer Can Thick Gold

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    Where is the pic of that Benz mini van?
    I recall all seats with beats.