Macbeth
Banned
+2,444|5873

The Bayonne woman who was left paralyzed after being struck by a car in Jersey City in April has filed a civil suit against the 20-year-old driver, anyone who may have served him alcohol, and the owner of the vehicle he was driving.

Michael Garbacki, of Avenue E in Bayonne, is named in the suit as the driver of the 1996 Honda Passport that struck Elias in a parking lot on Port Jersey City Boulevard on April 18.

It also names the owner of the vehicle, Manuel J. Malibiran, as a defendant, and it accuses both men of "operating their motor vehicle in a negligent and careless manner" so as to cause it to strike Elias and cause devastating injuries.

Malibiran's son was a passenger in the car at the time of the collision.

Garbacki also faces criminal charges in the incident, in which Yajaira Montes, 21, of Bayonne, was also struck and seriously injured.

Elias was left quadriplegic due to spinal cord damage and her legs and pelvis were fractured and her left foot was nearly severed, officials said, adding that she also suffered internal injuries including a lacerated kidney, spleen and liver. She was not expected to survive, but after a long hospital stay she has returned home.
http://www.nj.com/news/jjournal/index.s … amp;coll=3

Fucking Jillian owes me $5 still. Anyway do you think it is a total and complete money grubbing bullshit to sue the owner of the car and the people who the kids bought alcohol from? You could send in a 21 year old person to get liquor for 17 years olds and the owner would never know it is going to minors so what sense does it do to sue the store owners and the owner of the car wasn't drunk and driving at the time of the accident.

So is it agreed that it is mostly just money grubbing to try and sue the liquor store and the owner of the Honda?
AussieReaper
( ͡° ͜ʖ ͡°)
+5,761|6440|what

All of those people contributed to her condition so good luck to her.
https://i.imgur.com/maVpUMN.png
west-phoenix-az
Guns don't kill people. . . joe bidens advice does
+632|6676
Drunk driver and possibly car owner are responsible.
Establishments shouldn't be held responsible.
Someone is always trying to pass the buck to save their ass or get rich.
https://i127.photobucket.com/albums/p123/west-phoenix-az/BF2S/bf2s_sig_9mmbrass.jpg
Red Forman
Banned
+402|5687

west-phoenix-az wrote:

Establishments shouldn't be held responsible.
bull fucking shit.  the dude was not of legal drinking age.
west-phoenix-az
Guns don't kill people. . . joe bidens advice does
+632|6676

Red Forman wrote:

west-phoenix-az wrote:

Establishments shouldn't be held responsible.
bull fucking shit.  the dude was not of legal drinking age.
Shit I missed that. Do we know if he purchased the drinks or if someone else purchased the drinks and gave them to him?
If he did in fact purchase the drinks, then yes I agree they should be held responsible also.

21 is legal drinking age for all states right?

Last edited by west-phoenix-az (2009-08-26 08:53:06)

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JackerP
aka S.J.N.P.0717
+21|6565|Mo Val, Cali
If the kid purchased the alcohol from the store then yes, all 3 individuals should be liable otherwise just the kid and car owner should be. Put yourself in her position and I'm sure you'd agree.
Pug
UR father's brother's nephew's former roommate
+652|6829|Texas - Bigger than France
Ummm...How much can I pay you to become a quad?

I think this is more than a mere business transaction.
xBlackPantherx
Grow up, or die
+142|6630|California
The only reason I think it's somewhat justified to sue the owner of the car is because he (assumingly) did it knowingly since:

It also names the owner of the vehicle, Manuel J. Malibiran, as a defendant, and...

...Malibiran's son was a passenger in the car at the time of the collision.
AussieReaper
( ͡° ͜ʖ ͡°)
+5,761|6440|what

It's not a new tactic to sue as many people involved in a case like this anyway, the shotgun approach is more likely to win a case against a least one of the defendants and that makes all the difference to the victim.

And finding guilt of one defendant never automatically equals guilt of the other parties. If they contributed either negligently, criminally or otherwise to her injuries she is entitled to compensation.
https://i.imgur.com/maVpUMN.png
Diesel_dyk
Object in mirror will feel larger than it appears
+178|6282|Truthistan
Its a search for deep pockets. The owner of the car might have insurance. Same with the liqour store or bar or wherever the alcohol came from.

Fact is a quad is going to have some absolutely huge medical bills and costs associated with her care thanks to our inglorious private health care system.


IMO if a 21 year old goes in a buys alcohol for minors, then the establishment wouldn't be responsible for the action of an adult giving the alcohol to a minor. Its a different story if the minor sits at the bar and gets served, then the bar is on the hook.
Morpheus
This shit still going?
+508|6286|The Mitten

The Website wrote:

He said he thinks the count accusing anyone who may have served alcohol to Garbacki will move forward although no defendants are named. He said the discovery process may reveal useful information in that regard.
Reading FTW.

Seems they don't know where he got the alcohol.

I have a feeling he will definitely get screwed on this one, since he hit another person seriously injuring her as well.
EE (hats
mcminty
Moderating your content for the Australian Govt.
+879|7009|Sydney, Australia

Diesel_dyk wrote:

IMO if a 21 year old goes in a buys alcohol for minors, then the establishment wouldn't be responsible for the action of an adult giving the alcohol to a minor. Its a different story if the minor sits at the bar and gets served, then the bar is on the hook.
I assume there are laws that cover individuals supplying alcohol to underage peoples?
13urnzz
Banned
+5,830|6785

mcminty wrote:

I assume there are laws that cover individuals supplying alcohol to underage peoples?
yep. and in most states, the sell goddam insurance for selling to underage too.

now look, i'm not condoning the use or mis-use but what a fucking racket the insurance industry has become.
it affects the healthcare issue, the . . .  well just about everything. insurance is like betting against yourself, and that's what people need?
mcminty
Moderating your content for the Australian Govt.
+879|7009|Sydney, Australia

burnzz wrote:

mcminty wrote:

I assume there are laws that cover individuals supplying alcohol to underage peoples?
yep. and in most states, the sell goddam insurance for selling to underage too.
Wait.. what the fuck?!
xBlackPantherx
Grow up, or die
+142|6630|California
No one really realized my point, did they?
Chorcai
Member
+49|6935|Ireland
Why don't she just sue the drinks company for making the drink in the first place ? Bah anything to get a bit of 15 seconds of fame I guess.
AussieReaper
( ͡° ͜ʖ ͡°)
+5,761|6440|what

Chorcai wrote:

Why don't she just sue the drinks company for making the drink in the first place ? Bah anything to get a bit of 15 seconds of fame I guess.
Yeah, she became a quadriplegic for the celebrity status...
https://i.imgur.com/maVpUMN.png
Chorcai
Member
+49|6935|Ireland

AussieReaper wrote:

Chorcai wrote:

Why don't she just sue the drinks company for making the drink in the first place ? Bah anything to get a bit of 15 seconds of fame I guess.
Yeah, she became a quadriplegic for the celebrity status...
I know, but it's just when ever I see sue & usa the cases are always for absurb amounts of money, with about 5 people being sued along with a shit load of hype.
FEOS
Bellicose Yankee Air Pirate
+1,182|6698|'Murka

Driver = yes.

Those who served an underage person alcohol = yes.

Owner of car he was driving = no.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
KuSTaV
noice
+947|6799|Gold Coast
What a shitstorm.

Poor woman deserves everything she can get.
noice                                                                                                        https://static.bf2s.com/files/user/26774/awsmsanta.png

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