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Old October 21st, 2007, 04:00 PM   #1
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Default Guy has axle fail on truck. Sues EVERYBODY who ever owned it, and won.

http://bojack.org/2007/10/your_old_j...me_back_1.html
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Old October 21st, 2007, 04:03 PM   #2
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Horseshit!
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Old October 21st, 2007, 04:04 PM   #3
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I always sell with an as is statement
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Old October 21st, 2007, 04:10 PM   #4
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I always sell with an as is statement
It wouldn't matter in this case. It's a BULLSHIT case!
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Old October 21st, 2007, 04:13 PM   #5
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I always sell with an as is statement
the seller wasn't sueing the previos owners... the person that got hit by the truck sued all the previous owners
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Old October 21st, 2007, 04:14 PM   #6
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Horseshit!
X 2, What the hell!
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Old October 21st, 2007, 04:17 PM   #7
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still have to prove the original owner was negligent
thats going to be hard to prove
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Old October 21st, 2007, 04:46 PM   #8
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still have to prove the original owner was negligent
thats going to be hard to prove
However, there's a key difference between civil and criminal proceedings.

In a civil proceeding, it's about the "preponderance of evidence", where as in criminal proceedings it's "beyond a reasonable doubt". A slick lawyer can dazzle a hand-picked jury enough to generate the illusion of a "preponderance of evidence", since proving the positive hypothesis (i.e. maintenance was performed) will be even harder than the negative (it was not).

So, the next time you hear someone (probably a conservative, but not necessarily a ) pushing tort reform remember junk litigation like this. It's a tragedy someone was hurt, but sometimes shit happens...
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Old October 21st, 2007, 04:48 PM   #9
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something like this happend to a family friend, and a dude bougt a house and there was underground containmation or however you spell it, and then he sued all of the previous owners and won
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Old October 21st, 2007, 04:49 PM   #10
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It wouldn't matter in this case. It's a BULLSHIT case!
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Old October 21st, 2007, 04:54 PM   #11
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Where is it illegal to sell a vehicle as is to another party? Even if the original owner was negligent in their care of the vehicle, it should not be responsible at all for the vehicle once sold. Especially after more than a year later after the sale.
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Old October 21st, 2007, 04:58 PM   #12
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Where is it illegal to sell a vehicle as is to another party? Even if the original owner was negligent in their care of the vehicle, it should not be responsible at all for the vehicle once sold. Especially after more than a year later after the sale.
hence how stupid this is.
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Old October 21st, 2007, 05:19 PM   #13
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Well they should appeal to a higher court.

Even if a previous owner is at fault, its negligence that has to be proven.

I've worked in aviation, in that world you are responsible for things like this so it doesn't seem that odd.

And before we get all upset, was there something on the trailer that made it unroad worthy that these partys knew about but did nothing to prevent?
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Old October 21st, 2007, 05:22 PM   #14
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Horseshit!
X3
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Old October 21st, 2007, 05:24 PM   #15
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i dislike how sue happy the us has become :/ ..
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Old October 21st, 2007, 05:25 PM   #16
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And before we get all upset, was there something on the trailer that made it unroad worthy that these partys knew about but did nothing to prevent?
I would think that anyting that led to the wheels ejecting would have made itself pretty obvious shortly before they came off. I doubt that you could make it very far with that kind of problem.

Edit: oh, yeah this is the biggest plie of shite I've ever heard... We have become way to litigation happy in this country.
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Old October 21st, 2007, 05:28 PM   #17
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I would think that anyting that led to the wheels ejecting would have made itself pretty obvious shortly before they came off. I doubt that you could make it very far with that kind of problem.


I agree that its very unlikely but i have seen some trailers around here with one set of wheels wobbling very badly. I'm just sayin
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Old October 21st, 2007, 05:30 PM   #18
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Well they should appeal to a higher court.

Even if a previous owner is at fault, its negligence that has to be proven.

I've worked in aviation, in that world you are responsible for things like this so it doesn't seem that odd.

And before we get all upset, was there something on the trailer that made it unroad worthy that these partys knew about but did nothing to prevent?
it has nothing to do with the original owner. That's like a burglary victim suing the original owner of a gun that had it stolen previously as well as the gun maker.

even in the case of negligence, the original owner should not be liable since the buyer of the vehicle would be the one required to bring it up to safe standards.
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Old October 21st, 2007, 05:58 PM   #19
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it has nothing to do with the original owner. That's like a burglary victim suing the original owner of a gun that had it stolen previously as well as the gun maker.

even in the case of negligence, the original owner should not be liable since the buyer of the vehicle would be the one required to bring it up to safe standards.


Its more like the gun owner sold it the gun and it later failed at a target range injuring the current owner.

The people sold the axle, it wasn't taken illegally.
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Old October 21st, 2007, 06:22 PM   #20
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The only ones making money here are the Lawyers . Love how this country works sometimes. It was Prob owned by someone with money is why the Lawyers are going back so far. Hoping they just pay it out vers fighting it in court.
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