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2005-08-03 Home Front: Culture Wars

Suits Filed by Smuggling Deaths Families

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Posted by Steve 2005-08-03 14:05|| || Front Page|| [1 views since 2007-05-07] Top

#1 How could Great Dane have been so negligent as to not provide proper ventillation in their trailers for the illicit transportation of illegal aliens? The inhuman bastards!

Posted by Deacon Blues">Deacon Blues 2005-08-03 14:37|| 2005-08-03 14:37|| Front Page Top

#2 This is why summary judgement was invented.

Posted by Mrs. Davis 2005-08-03 14:43|| 2005-08-03 14:43|| Front Page Top

#3 You're right Mrs. D., unfortunately here it's far more likely to go against Great Dane, Salem Truck Leasing, & T. Williams than against the families of the dead.

Product liability? Why, cuz they didn't think to put a door knob on the inside of the trailer?

Yes. One very common products liability test considers whether, in hindsight, the product could have been made in such a way as to prevent the accident / dangerous circumstance without either unduly increasing the price of the product or severely impacting the utility of the product. Other tests are less heinous but no more likely to produce a positive outcome for anyone involved here (and there are numerous liability theories beyond simply products liability that are probably applicable to this case).

Any lawyer in Victoria would be insane not to take this case and they'd be foolish to take it on anything other than a straight contingency fee basis. Lots of money is going to change hands here but don't blame the lawyers or the courts, blame the politicians who wrote the laws.

Posted by AzCat 2005-08-03 16:22|| 2005-08-03 16:22|| Front Page Top

#4 Great Dane has nothing to worry about beyond their counsel trying to generate too much in the way of billable hours over this, something that can be easily killed in the crib. Salem Truck Leasing probably has nothing to fear. Although I don't think it is so, I sure hope that company has no relation to William A. Salem (real reefer units his were) or his pappy slick trucking company operator Albert Salem.

Posted by MunkarKat 2005-08-03 16:35|| 2005-08-03 16:35|| Front Page Top

#5 What the suit syas in part is that Great Dane should be liable because there were no warning sighns on the trailer that said people should not be transported in them. Great Dane replied that this is a refrigerated trailer than can only be opened while the trailer is at a standstill and DOT regulations prohibit people from riding in these types of trailers, therefore no warning sign was needed. I think, unless there is an extremely liberal judge, that Great Dane will be dismissed from this suit.

Posted by Deacon Blues">Deacon Blues 2005-08-03 18:54|| 2005-08-03 18:54|| Front Page Top

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