First off, I live in the state where the lawsuit took place. The couple did not seek punitve damages, although their attorney stated to the jury that this would be a great case for punitive damages. A jury of 12 people decided the outcome of this case and awarded them
$60 Million. They found that the
driver was indeed responsible for 35% of the award (
which they will likely never see) and
Outback was responsible for 65% (
$39 Million that will take forever to collect) Dont forget also that the attorneys will make nearly
$21 million (35% of the award) for their services and they will have to pay the hospital bills for the 20+ surgeries that the wife had to endure. The amount left over will be a reasonable few million dollars.
The system may seem like it produces rediculous results but if the results weren't so outlandish companies looking for the almighty dollar would not take them seriously and in many cases still don't. I'm not taking sides because I believe the attorney fees are rediculous but we have a free market where people can choose who to represent them and how much they are willing to pay but I just wanted to offer a different perspective and open your minds to the possibility of how you would look at things if it were your family members that were hit by a drunk driver.
Jeff in Indianapolis, IN USA
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George Orwell, 1984:
"You are a slow learner, Winston," said O'Brien gently.
"How can I help it?" he blubbered. "How can I help seeing what is in front of my eyes? Two and two are four."
"Sometimes, Winston. Sometimes they are five. Sometimes they are three. Sometimes they are all of them at once. You must try harder. It is not easy to become sane."
One quick additional note... the case was appealed and denied. then Outback asked for a new trial based on attacking the plaintiff attorneys... denied... they appealed to the supreme court and were awarded an appeal.. Outback had Insurance in the amount of 21 million with one carrier and 19 million with another carrier
http://sec.edgar-online.com/2005/11/09/0000874691-05-000193/Section11.asp then offered a settlement which was accepted
http://indianalawblog.com/archives/2...ons_m_174.html.
and for BBtB - The key testimony of this case was from an outbacks steakhouse waitress who testified that the driver was quite visibly intoxicated yet the "party" continued at the grand opening event and he was served until he left on his own. He then went to another bar on his way home. The waitress there refused to serve him alchohol and gave him diet cokes instead (allegedly
).. his blood alchohol level was never established as he fled the scene of the accident to which he recieved a year of home incarceration.
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David and Lisa Markley had filed a lawsuit against the owners of the Muncie restaurant in 1999, 2 years after the couple were severely injured in a car-motorcycle accident on Delaware County Road 500-N. In their suit, the Markleys alleged that William J. Whitaker of Albany became intoxicated at a party celebrating the restaurant's grand opening on July 21, 1997. After leaving the restaurant in his car, Whitaker drove to northeastern Delaware County, where his car crossed the center line on County Road 500-N and collided nearly head-on with a motorcycle operated by David Markley. Markley suffered several leg and foot fractures, while his wife, who was a passenger on the motorcycle, was even more seriously injured, suffering massive internal and leg injuries.
Whitaker did not stop at the scene of the crash and was later convicted of two counts of failure to stop after an accident resulting in a serious bodily injury. He was sentenced in 1999 to a year on electronic home detention, followed by 2 years of probation.
According to court documents, Whitaker told police he had a beer and five mixed drinks at Outback Steakhouse before the accident. Some witnesses said alcohol was served free of charge to guests at the restaurant's grand opening party, while others said they had paid a dime each for mixed drinks and beer. "Their grand opening celebrations are like nothing I've ever heard of," Alexander said. "They have free booze, all you want, for 3 hours.