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Auto Accidents, and Act of God summary judgements.

  1. Three years ago my husband was stopped at a red light waiting to turn,as he glanced in his rear view mirror he saw a car back several hundred feet and the driver was on her phone. The next thing he felt was a tremendous jolt and a horrible nashing of metal. She had plowed into the back of his car pushing him into the intersection and continued to then hit 3 other cars. This past June in McHenry county Il the litigation in this case abruptly came to an end with the judge granting a dismissal in a summary for judgement because her attorneys plead "act of god". This judge did not bother to consider that this woman had MS and a multitude of other medical issues. A responsible adult with issues such as MS and "drop foot" (loss of feeling and control of foot) would refrain from driving, especially on a bad health day. This accident was neither unforseeable nor unexpected eventually. But the judge chose to see it as an act of god. This meant she had no liability.
    I would like to know what others think?

  2. One wonders if God was on the mobile (cell) phone to her. In the UK this is a motoring offence and you will be fined if caught. It is very dangerous to drive whilst conducting a conversation on a mobile phone. And in the light of this woman's health issues she should not have been driving at all in my opinion. No, this was no act of God. This woman was culpable and should have been punished.

  3. I always love it when the sore losers from lawsuits who have no link to at all come here to ask the opinions of total strangers.

  4. This woman definately should have been punished! I also find it incredible that her insurance company accepted liability for totalling our vehicle, and then refused to accept liability and claim act of God when it involves the medical bills and the physical and punative damages? This was one in the same accident. Did the judge not know they had already set a precident on this claim by paying for the destruction of the car?
    If anyone who is reading this has an explanation, please blog away. I just wonder what this judge based his ruling on? Our former attorney was so astounded by this that even he could not explain it. He did however, remove himself from the case and has left us to fend for ourselves in filing a motion to reconsider, on which the clock is ticking.

  5. I do not think asking others to make sense of a judges ratinale qualifies as a "sore loser". Perhaps, you would be jumping up and down with joy if you had a spouse that was injured and will live with the effects of those injuries for the rest of his life in addition to thousands and thousands of dollars in medical bills. Obviously you and probably the masses do not realize that when a judge rules act of God and the defendant has insurance, this prohibits the plaintiff from getting re-imbursement from their own insurance as well. I was seeking unbiased opinions on the case from unemotional strangers, not smug ones.

  6. @shaynde
    I strongly suggest you devote your energy to posting this stuff in your blog. As a paralegal I am clearly stating that anyone who is seeking a legal opinion on blogging support forums is off base. The phrase "legal opinion" applies only to professional advice that is provided by a member of the bar, who has been duly paid a retainer fee, and who provides a written legal opinion under signature. My read is that you are venting and looking for strangers to provide shoulders to cry on and you aren't going to find that here.

  7. How can you jump down?

  8. I like turtles.

  9. lettershometoyou

    There's a case similar to this in Hamburg. A guy with epilepsy had a seizure behind the wheel and ploughed into a group of people on a busy street at 100km an hour, killing four. One of the victims was a prominent German actor, another a well-known academic. Witnesses say he's had seizures in cars before, but he denies even having epilepsy. Case is ongoing.

  10. Anyone else smell fish in here?

  11. And typically I fall for it. I'll shut door on me way out. :(

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