Kentucky Jury Awards $5.14 Million in Fatal Wreck with Deputy

March 18, 2008

  • March 18, 2008 at 3:41 am
    Dread says:
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    See the excerpts from the local newpaper report on this accident and trial. The plaintiff driver (deceased) is guilty of “improper lookout” and “failure to yield”. Neither she nor her daughter (deceased) were wearing seatbelts. The husband was. He survived. The wife and daughter were ejected from the vehicle, a 1997 Hyundai accent. She is only assessed 30% comparative negligence? Typical sympathy verdict. She was primarily responsible for this accident and should bear a higher % of negligence. The officer was travelling at a high rate of speed but that doesn’t excuse someone from pulling out in front of him.

    “The Rose family, above, were riding in a 1997 Hyundai Accent when they turned into the path of McCreary County Deputy Jeramy Thompson. Alice, right in the photo, and Ashley, left, were thrown from the vehicle and pronounced dead at the scene.”

    “Huff continued that if the Jury found Deputy Thompson even partially to blame, she asked that they consider the fact that none of the occupants in the Rose’s vehicle were wearing seatbelts at the time of the crash. Huff argued that the use of seatbelts could have considerably lessened the severity of the injuries sustained by the victims.”

    “There is one compelling piece of evidence that this didn’t need to happen,” she said. “Charles Axl Rose.” The young man in the accident was the only family member not thrown from the vehicle and suffered broken ribs and a possible head injury from the impact. Huff suggested that if Ashley or Alice Rose had been wearing proper restraints they could have survived the crash.”

  • March 18, 2008 at 5:19 am
    Anonymous says:
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    I can’t help but believe that if the officer hadn’t been speeding as fast as he was, that the family’s injuries would have been much less severe. Agree that Mrs. Rose caused the accident, but the officer, in my opinion contributed to the severity of the injuries and the deaths. So, perhaps the 30/70 split is well founded-? Dread, where did you see that Mr. Rose was wearing seat belt? I noted that the son was.

  • March 19, 2008 at 9:15 am
    Dread says:
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    Was in one of the press releases on the accident. I think the comparative assessment should have been reversed. While speed may have exaggerated the injuries/death, the proximate cause was improper lookout and failure to yield. Had she not have done that, we wouldn’t be having this conversation.

  • March 19, 2008 at 9:21 am
    Icee says:
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    A couple observations about the driver pulling out in front of the police car.
    He did not have his lights flashing warning of his high speed. And pulling out in front of a car moving the speed limit (45 I think) may have been a perfectly safe thing to do, but because the police car was going 90 it became unsafe. That may be the reason for the split going the way it did.

  • March 19, 2008 at 11:21 am
    lastbat says:
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    Charles Axl Rose? Ugh.

    Sorry, back to the serious discussion.



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