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Once again, the term "frivolous" gets tossed around like it actually applied to lawsuits.
There's no such thing.
Every good lawyer always files suit against everyone involved in an incident. Everyone. If they don't, they are in breach of their duties.
It's entirely possible that Tolar is actually at fault here. Why were he on the left side of the road? Couldn't he get to the right shoulder? Leaving a car parked in an open lane of traffic at night is a stupid thing and a major traffic hazard.
Just so everyone knows, I think Hancock was an idiot for driving drunk while talking on a cell phone and that he was mostly to blame for the accident. However, you get to assign percentages of blame in most states, and if Justin Tolar is 1% to blame, then the lawyer was correct in naming him in the suit. Personally, I think it breaks down 50% Hancock, 25% restaurant, 15% tow truck driver and 10% Tolar, but that's my opinion. There were multiple mistakes by people other than Hancock, but he made at least as many as everyone else combined.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin
"There ought to be limits to freedom." - George W. Bush
"We have met the enemy and he is us." - Pogo
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