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Old 12-26-2007, 03:25 AM   #1
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Default Toby Keith .. awarded $2.8 million in damages

I don't understand this .... the man's auto was bumped by another car, he lost control and went into oncoming traffic, hitting a bus and he died. And the bus company was at fault for this ? HOW ? [/b]


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PURCELL, Oklahoma (AP) [/b]-- Toby Keith, his mother and his siblings have been awarded $2.8 million in damages in the 2001 collision that killed the country music star's father.




Toby Keith and his family were awarded damages over a collision that killed Keith's father.
[/align][/align] [/align][/align][/align]A jury returned the verdict against Elias Rodriguez and Pedro Rodriguez, operators of Rodriguez Transportes of Tulsa, and the Republic Western Insurance Co.

According to evidence presented at trial, a charter bus owned by the Rodriguezes was "in urgent need" of brake repairs before H.K. Covel was killed in the March 2001 accident on Interstate 35, said attorney Greg Dixon, who represented Keith's family. The Rodriguezes had been advised of the brake problem before Covel's truck crossed the center median and struck the bus, he said.

The family initially suspected Covel suffered a medical condition that caused the truck to veer out of control. It later learned another vehicle had bumped the truck and filed a wrongful death lawsuit to clear Covel's name, Dixon said

The verdict was returned last week. "The jury found no fault on the part of Mr. Covel in the wreck that claimed his life," Dixon said.

The plaintiffs, wife Carolyn Covel, daughter Tonni Covel and sons Toby Keith Covel and Tracey Covel, alleged that H.K. Covel would not have died if the bus had been equipped with properly working air brakes.
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Old 12-26-2007, 04:48 AM   #2
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Default RE: Toby Keith .. awarded $2.8 million in damages

Yep, makes perfect sense. Drive down the road with a tail light out,the relative of some celebrityhits you head on and is killed and youget sued.Anything can happen in Purcell, OK. Wonder howmuch the jury will get?
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Old 12-26-2007, 07:48 AM   #3
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Default RE: Toby Keith .. awarded $2.8 million in damages

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ORIGINAL: falcon

Yep, makes perfect sense. Drive down the road with a tail light out,the relative of some celebrityhits you head on and is killed and youget sued.Anything can happen in Purcell, OK. Wonder howmuch the jury will get?
Where do you get the "tail light" allegation? The allegation was that the air brakes weren't working, and that, f the bus had properly working air brakes, it could have stopped in time to avoid the accident. If that allegation is true, then the bus company was at fault. The bus company should have tried to find the driver that hit the rear of Keith's father's car, causing him to veer into oncoming traffic, as that driver would have been at fault as well.
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Old 12-26-2007, 08:07 AM   #4
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Default RE: Toby Keith .. awarded $2.8 million in damages

Looks like if the bus had working brakes (the company knew they weren't working) they could have stopped.
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Old 12-26-2007, 09:27 PM   #5
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Default RE: Toby Keith .. awarded $2.8 million in damages

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The allegation was that the air brakes weren't working, and that, f the bus had properly working air brakes, it could have stopped in time to avoid the accident. If that allegation is true, then the bus company was at fault.
#1 since when is it YOUR fault for not stopping fast enough when another car crosses the median and plows into your line of travel ?

under this ruling, I could pull onto a RR track and if the train didn't stop in time ? its their fault and I could sue for millions, right ?
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Old 12-26-2007, 09:36 PM   #6
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Default RE: Toby Keith .. awarded $2.8 million in damages

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ORIGINAL: Big Duane

Quote:
The allegation was that the air brakes weren't working, and that, f the bus had properly working air brakes, it could have stopped in time to avoid the accident. If that allegation is true, then the bus company was at fault.
#1 since when is it YOUR fault for not stopping fast enough when another car crosses the median and plows into your line of travel ?

under this ruling, I could pull onto a RR track and if the train didn't stop in time ? its their fault and I could sue for millions, right ?
If the train was maintained poorly, then probably yes...
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Old 12-26-2007, 09:47 PM   #7
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Default RE: Toby Keith .. awarded $2.8 million in damages

I wasn't on the jury, but from the information given, this was a frivolous lawsuit.
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Old 12-27-2007, 07:18 AM   #8
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Default RE: Toby Keith .. awarded $2.8 million in damages

Quote:
ORIGINAL: Big Duane

Quote:
The allegation was that the air brakes weren't working, and that, f the bus had properly working air brakes, it could have stopped in time to avoid the accident. If that allegation is true, then the bus company was at fault.
#1 since when is it YOUR fault for not stopping fast enough when another car crosses the median and plows into your line of travel ?

under this ruling, I could pull onto a RR track and if the train didn't stop in time ? its their fault and I could sue for millions, right ?
If the train had time to see you, apply the brakes, and stop, and did see you, did apply the brakes, but couldn't stop because the brake system was screwed up, and they knew it was screwed up, but didn't care and didn't fix it, then yes, it is their fault and you could sue for millions. [Also, you might want to note that Keith's father didn't "pull onto" the opposing lane of traffic. Someone hit him from behind, forcing him into the oncoming lane...)

And, yes, it IS YOUR FAULT, if you fail to maintain your vehicle in safe operating condition and if your failure to do so causes or contributes to causing an accident. If you folks can't understand that, then you're not really thinking about it very hard... This does not appear to have been a case where someone swerved into your lane and hit you. This appears to have been a case where there was enough time for the driver of the bus to react and stop IF the brake system on the bus worked properly.
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Old 12-27-2007, 01:10 PM   #9
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Default RE: Toby Keith .. awarded $2.8 million in damages

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since when is it YOUR fault for not stopping fast enough when another car crosses the median and plows into your line of travel ?
When your brakes are gone and you know about it and continue to drive.

Quote:
under this ruling, I could pull onto a RR track and if the train didn't stop in time ? its their fault and I could sue for millions, right ?
Wrong, but your proably getting used to that by now aren't you?
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Old 12-27-2007, 05:34 PM   #10
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Default RE: Toby Keith .. awarded $2.8 million in damages

read thefirst paragraph it says the bus need brakes badly and they knew about it so if the bus had brakes they might have not hit him and then killing him

the first car did not cause the death the bus did but i think the first car should have paid out to

According to evidence presented at trial, a charter bus owned by the Rodriguezes was "in urgent need" of brake repairs before H.K. Covel was killed in the March 2001 accident on Interstate 35, said attorney Greg Dixon, who represented Keith's family. The Rodriguezes had been advised of the brake problem before Covel's truck crossed the center median and struck the bus, he said.

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