enthalpy

Sunday, March 21, 2004


I didn't want to comment on this story, just because it's so stupid, but I can't pry it loose from the back of my noodle.
The Kentucky Court of Appeals yesterday ordered the dismissal of claims against a woman who had been found negligent for leaving her car keys within reach of an allegedly drunken friend who crashed her car.

A man seriously injured in the crash sued the woman and her friend.

A three-judge panel ruled in favor of Tina Cox, who said there was no proof she allowed her friend to drive her car after a night of drinking in December 1998 in Shelbyville. After she had gone to bed, the friend took her keys from her purse and went for a drive. He struck a pickup driven by Joseph Waits. Waits eventually recovered from his injuries but still complained of pain and walked with a limp.

In a 2002 ruling, Shelby Circuit Judge William Stewart said Cox was negligent because her friend had easy access to her car keys, which were in her purse on a coffee table. She also knew her friend had prior convictions for driving under the influence, the judge said.

The judge awarded Waits nearly $223,525 in compensatory damages and $50,000 in punitive damages. He ruled that Cox was 40percent negligent and her friend 60percent negligent. He divided the damages accordingly.
This is just scary. Considering how many stupid things I've actively done, I can't imagine the litigation I've exposed myself to in the past if you consider the stupid things that others have done after I went to bed.



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