Marco Island Sunset

Marco Island Sunset
Sunset at Marco ....my slice of paradise

Friday, March 16, 2012

We, the Jury...

I'm sitting in the courtroom right now, multitasking, waiting for the jury to return their verdict.
 

Piled on my desk in the courtroom:

A mug of coffee
My laptop
Data DVD's
A book (End of Normal)
My keys to the courtroom
A stack of notes, reminders to myself
My docket
Pens
My cell phone (on silent!)

The courtroom is vacant at the moment, the lawyers and parties having gotten bored with waiting, leaving instructions with the bailiff on where to reach them when the jury reaches a verdict.  The courtroom clerk has excused herself, overcome with munchies, and has gone off in search of a sugar fix.  The judge is in his chambers talking on the phone, signing orders and smoking cigarettes--despite the country-wide ordinance of no smoking in public buildings, but who is brave enough to challenge a circuit judge on what he can and cannot do in his own chambers?  No one has tried so far.

This is a bizarre case.  Short and sweet.  A woman was driving a wrecker one night after dark, on her way to see a friend for a social visit, and out of nowhere appears a woman in the road, who, the evidence suggests, was likely drunk, dressed in dark clothing, and although the defendant claims she tried her best to swerve and avoid hitting this woman, the side mirror of the wrecker ends up striking the woman and she's knocked off the road into a deep and obscure drainage ditch.  The driver in panic continues to drive and "leaves the scene of the accident," later calling 911 to report having witnessed a young boy getting struck by a car, lying about that, the location of the event, and other details in her conversation with Dispatch.  The driver insisted that she was deeply concerned in her report to 911 of what she had apparently just witnessed, but preferred not to get involved.  It is later learned that part of her bizarre actions following the event were due to the fact that she did not have a valid driver's license at the time of the accident and did not want to "get caught."

Authorities are dispatched to the scene, falsely directed by the panicked driver, finding nothing, obviously.  Two days later the victim's body is found in the deep ditch off the side of the road.  The victim, it is represented, was a known town drunk who wandered up and down the highway at all times of the day and night.

During the subsequent investigation, the police catch up with the perpetrator, and fast-forwarding the story, she admits to guilt and pleads guilty straight up in court and ends up serving time for the felony of leaving the scene of an accident causing death. 

The victim's sisters, two women who also share that same and questionable reputation of their lost loved one, are now suing in civil court for damages. 

Contributory negligence is being argued by the defense.

Compensatory and punitive damages are being sought by the plaintiffs.

Although I do not claim to exonerate the actions of the defendant for not having stopped after the accident nor failing to call for assistance, I can't help but wonder how much negligence should be attributed to the victim for having been stone drunk in the middle of the road after dark, dressed in dark clothing.

The jury is obviously struggling with that same issue, as the clock on the wall ticks away the passage of time. We patiently (or not so patiently) await their decision:




Meanwhile, I will continue archiving court records, answering emails, reading my book (I'm loving it!), and ... BLOGGING.



 “Where there's a will, there's a lawsuit."
~ Addison Mizner

4 comments:

Deborah said...

Gosh, I have to say I am waaaay leaning towards the thought that there is negligence on the victim's part. I've come upon people walking in the middle of the road in the dark and it's not only frightening, but, every time, nearly tragic.

Your job always sounds so interesting!

BTW - you are my girl - thank you for your comment on my blog. It made my day as well! smooches

Marnie said...

Now that is a very interesting case! Not so cut and dry. Same as Deborah, I have also come upon people walking in the middle of the road at night...dressed in dark clothes. It always rattles my nerves. I'm not blaming the victim, but he did play a part in it. Shame. I now want to find out what happens!

T said...

Well, those were my thoughts too...but based on the jury's verdict, they evidently didn't attribute much blame to the victim, awarding over $700,000 in total damages to the victim's estate.

Oh, well. I guess we'd all better hope we are able to successfully maneuver around intoxicated people who wander into the middle of the road at night, huh?

Marnie said...

Thanks for the update. I am a little surprised at the verdict.