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Another golf cart-involved accident

24,412 Views | 157 Replies | Last: 1 yr ago by JCA1
The Wonderer
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Wrec86 Ag said:

jja79 said:

I don't know the men and yes it's a sad, tragic situation. The driver has ruined his and many other people's lives. However I've not known many people out until 3AM that just had a couple of drinks.
Fair, however I am taking the word of the poster here who knows the family of one of the victims. I will believe them unless I hear something otherwise.

3am is insanely late. Since I graduated college, I've probably been "still awake" at 3am maybe 2-3 times total? Nothing good happens at 3am.




I've been up past 3a three times in the last week.
W
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is it standard procedure to perform toxicology tests on the deceased as well?
The Wonderer
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W said:

is it standard procedure to perform toxicology tests on the deceased as well?
Given the circs of this incident, yes. They'll run a full battery of tests as part of the autopsy.
maroon barchetta
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Will the results make the news?
BMX Bandit
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Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.
The Wonderer
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maroon barchetta said:

Will the results make the news?
Probably in some way, shape, or form.
Guitarsoup
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BMX Bandit said:

Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.


Assuming the 21yo kid didn't have the $100k Escalade in his name, will daddy be on the hook for anything?
Ol_Ag_02
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Guitarsoup said:

BMX Bandit said:

Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.


Assuming the 21yo kid didn't have the $100k Escalade in his name, will daddy be on the hook for anything?


He shouldn't be. It's time we stop trying to assign blame on other people simply because they're the ones with the money.

21 year old is an adult and is 100% responsible for driving drunk. Was the dad a ****ty parent, maybe, but that isn't illegal.
Guitarsoup
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Ol_Ag_02 said:

Guitarsoup said:

BMX Bandit said:

Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.


Assuming the 21yo kid didn't have the $100k Escalade in his name, will daddy be on the hook for anything?


He shouldn't be. It's time we stop trying to assign blame on other people simply because they're the ones with the money.

21 year old is an adult and is 100% responsible for driving drunk. Was the dad a ****ty parent, maybe, but that isn't illegal.
Right. While I don't disagree with you... that's not what I am asking.
Guitarsoup
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State asked for $1mm bail on each count.
Judge gave $200K on each count
Judge has now lowered to $175k on each count - 525k total.

Scumbag still in jail, but he several defense attorneys:

https://www.thetexastrialattorney.com/



He has filed notice of intent to call 10 different expert witnesses.

https://arrestedtexas.com/



https://www.thehoustondwilawyer.com/




Bond conditions:

  • Can't go within 50 feet of any bar, nightclub or 51% establishment
  • Can't drive without permission of court.
  • Can't drive without camera-equipped deep-lung breath analyzer
  • Drug/Alcohol testing
  • No alcohol at all
  • No pot or other drug at all
  • GPS monitor
  • 24 Hour House Arrest, has to stay at the multi-million dollar house that is in his court records
  • SCRAM device (continuous alcohol monitoring)

Arraignment set for Monday the 14th


Bond has been filed, but County is showing he is still locked up.
BOND FILED :CRT 184 TIME TYPE SURETY / BOND MADE: AMT $175000 DATE 08/08/2023 RCPT # / BONDSMAN: U.S. FIRE-MCLEHANY, TROY



jja79
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I don't disbelieve the poster. I don't know these people. I was just saying usually when guys are watching fights and out until 3AM it's more than a couple. I hope that wasn't the case. Lots of lives forever changed for the worse.
P.H. Dexippus
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BMX Bandit said:

Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.

Maybe, but you're forgetting about the inevitable cross claims against the deceased golf cart operator.
P.H. Dexippus
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Guitarsoup said:

BMX Bandit said:

Quote:

There's going to be a contributory negligence per se counter-argument/defense on this because of the language of the law.


Not one that anyone takes seriously. His insurer will pay the policy limits and be done with it.


Assuming the 21yo kid didn't have the $100k Escalade in his name, will daddy be on the hook for anything?

Possibly. I haven't read the petition but I'd be surprised if they don't allege negligent entrustment against the vehicle owner. The perp's driving history, license status and alcohol consumption history comes into play there. There is no cap on gross negligence damages with murder or intoxication manslaughter. The insurance money likely won't be enough to cover the judgment or settlement (unless there's an umbrella or commercial policy involved), so they'll be looking to collect from the car owner's personal assets I assume.
W
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that's another question...

is the golf cart covered under the golf cart driver's personal auto or homeowners insurance policy?

(from a liability standpoint)

so the passengers can make a claim against it
GrayMatter
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I wouldn't say it is common but people do stay up past 3 am especially if you're a parent. I can think of those people who wake up early to go workout. People who are smoking briskets are usually up at all hours of the night. People who work at hospitals, any type of eatery, pharmacies, grocery stores... the list goes on.

I can only imagine how hard it is to see driving a golf cart at night and if they tried to maneuver out of the way when the Escalade came bustling through. Did they think the Escalade would stop? I'm only speculating that they would seem to be impaired in some way in not realizing that there was an Escalade coming. Whether it's alcohol or they were tired or they just couldn't see are some things that would keep them from making a sound driving judgment.
Dimebag Darrell
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GrayMatter said:

I wouldn't say it is common but people do stay up past 3 am especially if you're a parent. I can think of those people who wake up early to go workout. People who are smoking briskets are usually up at all hours of the night. People who work at hospitals, any type of eatery, pharmacies, grocery stores... the list goes on.

I can only imagine how hard it is to see driving a golf cart at night and if they tried to maneuver out of the way when the Escalade came bustling through. Did they think the Escalade would stop? I'm only speculating that they would seem to be impaired in some way in not realizing that there was an Escalade coming. Whether it's alcohol or they were tired or they just couldn't see are some things that would keep them from making a sound driving judgment.
If the Escalade was coming from over the Towne Lake Pkwy bridge, esp at a high rate of speed, I could see visibility being low, especially with all of the construction barricade stuff and signs up right now. It may have looked like no cars were on the road to them, and they were fine to cross.

And to the drunk thug POS driving, I could see him doing a quick left-right scan, thinking "f it, no one's on these roads" and blowing through the stop sign, not even seeing the golf cart until the split second before he plowed through them.

Who knows though, I am curious and wish there was more detail so I could wrap my brain around it better.
The Wonderer
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I'm intrigued to see Thiessen on this case. He knows his law and how to kill evidence in DUIs.
Guitarsoup
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The Wonderer said:

I'm intrigued to see Thiessen on this case. He knows his law and how to kill evidence in DUIs.
It can't be normal to hire three different firms to defend a guy, can it?

This kid isn't OJ.
Guitarsoup
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The Scandridge and Wnuk families have both filed civil suits.

Sean Blenderman and Giselle Maria Moran have also been named in the Wnuk lawsuit. They have the same address as Daniel Rivera, the driver of the Escalade.

They are named because of "negligent entrustment" of Rivera in the lawsuit.

The Scandridge lawsuit hasn't added Blenderman or Moran.
Guitarsoup
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Daniel Rivera filed his financial affidavit. Says he is self-employed as an artist with $4000/mo in monthly income, $720/mo in car expenses, and $820 cash on hand. His Rent/Mortgage on that multi-million dollar home is $500/mo.

From the bail lowering request:


Quote:

Defendant was employed as a tattoo apprentice by the well known artist Drew Dimas.
W
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no one has the same last name
Sea Speed
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Never heard of the dude but damn that dude drew Dimas is REALLY good at black and grey tattooing
Whoop Delecto
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sts7049
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i realized the other day that i went to junior high and high school with chris. i never knew him personally, but the name sounded familiar and after looking around online i realized why.
BG Knocc Out
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Sea Speed said:

Never heard of the dude but damn that dude drew Dimas is REALLY good at black and grey tattooing
Maybe Rivera studied well and can offer tattoo services to protect his b-hole in prison.

Unrelated question...most tattoos I see on people seem to be almost a bluish color. Is this what black ink naturally fades to over time? Random, just something I was wondering the other day...saw a badass tattoo at the gym I was envious of. Now I'm kind of thinkin about it...
Jugstore Cowboy
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The Wonderer said:

I'm intrigued to see Thiessen on this case. He knows his law and how to kill evidence in DUIs.


He certainly knows how to market himself. Stickers on every chair in Constellation Field. One night at Shady Acres, I noticed a basket full of Thiessen coozies w/ his logo, some DWI slogan, and phone number. All I could picture was someone getting pulled over on the way home, and the cop finding a DWI attorney coozy in the cup holder.
Guitarsoup
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Rivera made Bond on Monday.

Required to be at home 7-7, has to have a GPS bracelet, SCRAM device to monitor him continuously for alcohol, he can't use weed or other drugs, can't drive, and a breathalyzer has to be installed on his car anyway.

He initially was confined to house arrest, but they changed that to a 7pm to 7am curfew.

Arraignment/to Grand Jury set for Oct 24th.

Defense motion for Sam's Boat, World of Beers, and Rabbits Got a Gun to preserve evidence (video?)

W
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would this incident have fallen under the new Bentley's law?

missed it by 3 weeks
Sea Speed
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W said:

would this incident have fallen under the new Bentley's law?

missed it by 3 weeks


Wow. That is brutal.
maroon barchetta
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W said:

would this incident have fallen under the new Bentley's law?

missed it by 3 weeks
W
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"Beginning September 1, anyone convicted of intoxication manslaughter will pay child support if they kill a parent with young children"
maroon barchetta
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W said:

"Beginning September 1, anyone convicted of intoxication manslaughter will pay child support if they kill a parent with young children"



Glad this is a law now.
drumboy
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maroon barchetta said:

W said:

"Beginning September 1, anyone convicted of intoxication manslaughter will pay child support if they kill a parent with young children"


Glad this is a law now.

Wonder if the % goes down with each additional kid/baby mama you have.
redag06
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Jail doesn't pay that well….so it's just another stupid law.
Guitarsoup
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redag06 said:

Jail doesn't pay that well….so it's just another stupid law.
You can get just 2 years for intoxication manslaughter.
 
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