I just think this is weird. Scenerio: Guy gets drunk, drives, and kills a pastor's son. The State prosecutes the guy for Intoxication Manslaughter. That's the criminal case. The pastor sues the establishment that sold the guy the alcohol. That's the civil case.
The prosecutor (who is the same one that prosecuted Rebecca Simpson) cuts a deal in the criminal case for 12 years in the pen for the defendant.
Here is the weird part: As part of the criminal plea bargain, the drunk driver agreed to testify in the civil suit against the establishment that the pastor is suing. Net result: This will help the pastor get a big bag of money.
You never see civil and criminal cases get mixed together like that.
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8.01.2006
Legal Stuff
I just think this is weird. Scenerio: Guy gets drunk, drives, and kills a pastor's son. The State prosecutes the guy for Intoxication Manslaughter. That's the criminal case. The pastor sues the establishment that sold the guy the alcohol. That's the civil case.
The prosecutor (who is the same one that prosecuted Rebecca Simpson) cuts a deal in the criminal case for 12 years in the pen for the defendant.
Here is the weird part: As part of the criminal plea bargain, the drunk driver agreed to testify in the civil suit against the establishment that the pastor is suing. Net result: This will help the pastor get a big bag of money.
You never see civil and criminal cases get mixed together like that.
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Establishment should sue the breweries. Breweries should sue the truckers and farmers. Farmers should sue the seed people. And sue God for making it rain and causing the hops and barley to grow.
ANON 9:46 Exactly
Yeah, people like ya'll always feel that way until YOUR son or daughter or YOUR loved one is killed. Don't blame the preacher, it's the LAW. That preacher, under Texas law, has a valid claim against the bar. Its called Dramshop. Dont blame the preacher or his lawyer, blame the legislature. In the end, you'd do it too.
I am a bit confused. Doesn't a preacher normally believe in forgiveness and to let things go because it is in God's hands. He is clearly just seeking $$$$$$ (for a good cause, he says)
I don't think forgiveness is always equated to "letting things go". You can forgive in your heart, but still require the law to take its course.
Okay, like I said before.....
ANON 9:46 Exactly
and the real winner isssss!!!!!
the attorneys
thanks
barry
ANON 10:40
I am not one of those individuals who are lawsuit happy. I would not sue the bar. The bar did not drive that car drunk
I with agree with anonymous. The only winners are the bloodthirsty attorneys or should I say the moneyhungry attorneys. Anyone that has a dollar to be wrenched from their hand is at the mercy of these people and unfortunately the more successful among them are the ones who have completely abandoned all human feeling in the name of freedom and justice (seems somewhat ironic, wouldn't you say?). I am convinced that attorneys will be a leading cause to the eventual undoing of our nation. God help us all.
and while I am ranting......... could I also beg you to never allow yourself to advise the youth of today by saying "with your intellect you should become a doctor or lawyer". There are no two jobs that are on farther ends of the spectrum. A doctor intent is to heal and rebuild, an attorney's job is to damage and destroy. Think about it..... you need a doctor because you are sick, the only reason you need an attorney is because of other attorneys. The eat and breed from each other then go out together for beers at the end of the day and laugh at the rest of us.
Yeah! There used to be a great place where you could go and live and they didn't even HAVE no lawyers.
They called it the Soviet Union.
Anon -
I can only assume you are inferring that the many liberties we enjoy as Americans are provided to us through the hard work of the millionaire attorneys that play off of greed to keep our nation locked in litigation. I would love to hear your logic in that information. Maybe you could enlist the aid of "The Texas Hammer" in this logic -- he appears to be a shining example of the hard working ethical attorney to which you refer. Good Luck.
Lawyers aren't the ones to blame. They can't file a lawsuit unless they have client or clients. Why isn't there the same outrage about them? It's like shooting the messenger cause you don't like the message.
So, were you like BITTEN by a lawyer when you were a kid??
I will take the opportunity to disagree. Lawyers are a major if not the major problem.
Drugs are in our country because of money made by drug dealers.
Pornography is in our nation because of the money made by pornstars.
Lawsuits are in our country because of the money made by lawyers.
They have all found a fundamental flaw in man's character to exploit for their own wealth -- temporary "feel good", sexual desire and selfish greed. I put them all in the same category.
Right! And disease is here because of doctors. And airplane crashes are here because of airline pilots. And cracks in winshields are here because of the sick need of greedy construction companies to have rock trucks haul gravel to them. And sin!! Lets not forget how sin is here because of all those preachers, priests and rabbis!!!
You completely miss the point.
Doctors attempt to cure disease.
Pastors and Priests attempt to point out and erradicate sin in your life. An airplane pilots very existence is to keep the plane from crashing.
Porn stars however promote pornography for their profit.
Drug dealers promote drug use for their profit.
Lawyers promote litigation for their profit.
You must be a lawyer yourself as you are trying to argue that night and day are the same thing. Everything is someone else's fault. Lawyers are masters at redirecting blame.
If the bar continued to serve this person drinks after they were already intoxicated, the bar did violate state law. They are therefore partially liable for this person's actions. But, suing the bar for something someone else did is in my opinion looking for a dime you didn't earn from someone you see as an easy target to get free cash.
the only "point", I think, is that there is no point in attempting philosophical debate with one whose opinions are so transparently emotionally rooted in spite and contempt that no effort they put forth to cloak them in "logic" can disguise their vituperous nature
the wicked are found in every profession and walk of life, as are the good
physician, heal thyself
Just to cut through all the ranting and raving (see above), and getting back to the posted story that started all this, it seems to me that the obvious problem here is the credibility of the convicted drunk driver. NOT ONLY is his testimony self serving because he is trying to shift potential civil liability back to the bar (after all, HE could still be sued for civil damages), but his testimony has possibly been "purchased" by the pastor/plaintiff by his encouragement to the prosecutor to cut a sweet plea bargain. That considered, I don't think the drunk driver should even be ALLOWED to testify in the civil trial.
I have to agree with anon who called a spade on the lawyers -- they are all out to screw anyone and everyone they can. Society would be much better without them.
What do you call 10,000 lawyers at the bottom of the sea? A GOOD BEGINNING.
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