Jury awards injured Austin man $3.8 Million

[Wobble]

Clay, didn't you lose a toe to your Cig?

Sounds like a missed opportunity there.....

There is plenty of extra toe on Clay's Cig

[clayinaustin]

Clay, didn't you lose a toe to your Cig?

Sounds like a missed opportunity there.....

Ha Ha! Even if I won, a pinky toe of only worth $19.95

There is plenty of extra toe on Clay's Cig

Hell yeah!

[Smarty]

http://www.statesman.com/news/local/...le-527456.html

The article above provides a little more detail about the award.

Brunswick was found 66% liable, the plaintiff was 17% liable, and the driver of the boat was found 17% liable. This is a negligence and product liabiltity case, it should only been a negliegence claim, but the lawyer & plaintiff had this case tried three times (two times were hung jury), persistence paid off.

Texas follows a system using the modified comparative negligence – 51% rule. In states following a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault in causing the injury does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. However, if a plaintiff’s fault reaches 51%, he or she recovers nothing. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff is barred from receiving any damages determined by the court. Here, as in a pure comparative negligence state, a plaintiff’s recovery is reduced by the degree of his or her fault. For example, if Debbie sued Dave for damages she suffered in a car accident involving their vehicles, and Debbie was 51% at fault, Debbie would not recover anything from Dave. If, however, Debbie was 40% at fault, she could recover damages, but the damage award would be reduced by her portion of the fault in causing the injury. Therefore, a finding that Debbie suffered $10,000 in damages would result in Debbie receiving an award reduced by 40%, or a final award of $6,000. (from a TX internet site, I do not practice law in Texas).

[mustang]

It wasn't a judge, it was a jury.

So remember this the next time we try to get out of jury duty: the only people with nothing better to do to get out of jury duty, are the lazy asses that will vote against the deep pockets.

How many business owners do you think sit on a jury each year?

Next time you're stuck at the DMV take a look around....that's a jury of your peers! SCARY STUFF!

[03darkshadow]

i lose more and more faith in my fellow man every day.

[Wrinkleface]

i lose more and more faith in my fellow man every day.

it's always somebody elses fault!!!

[phragle]

I think he forgot to sue the beer company....

[cosmic12]

So the theary here is sue the ones with the most money
Doe"s that work for divorce? I put her through 6 yrs of school and now she is making big bucks way more than me, so this theary should work in my favor ...correct?

Seriously though this whole thing is bad bad for everyone in the long run and I hope brunswick fights the good fight on it.

[Tommy Gun]

Brunswick? Brunswick? I thought it was all Bush's fault?

[THEJOKER]

Clay, didn't you lose a toe to your Cig?

Sounds like a missed opportunity there.....

Camel toe!

[Knot 4 Me]

My 16 year old son decided he was Mario Andretti back in February and lost control of his car at high speed and totalled it. The car was a 2002 Toyota Avalon (safe car, by the way). I had more than one person after the accident ask me if we were going to claim the throttle stuck on the car so as to shift the blame from a stupid 16 year old to Toyota. All I could do is shake my head at these people and walk away.

[Magic Medicine]

Unbelievable, whats next! My 4 year old knows better than this!!!!!!