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Re: OT - no z3 - help required from US lawyer (archive)

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Posted by wizzard on October 23, 2000 at 12:14:30:

In Reply to: Re: OT - no z3 - help required from US lawyer posted by Jayhox on October 23, 2000 at 10:41:14:

Otherwise, you would have to prove the taxi driver "intended" to hurt you to claim punitive damages.

I'm not an attorney (nor do I play one on TV).

But would punitive damages not cover injury/loss do to negligance and not just an intentional act. For example...punitive damage would come into play had the taxi driver had either...

1) Waited for his head to be in the trunk before slamming the lid on his noggin (intentioanl act)

2) If the taxi driver was distracted with other things while Roger was loading baggage, or otherwise "in the trunk" when the driver slammed the lid without looking.

Certainly a lot of details come into play in a particular case (particularly the later)...but in general, punitive damages would come into play in the case of both an intentional act as well as negligance...correct?

wizzard
Z3Bimmer.com

4/'98 2.8l Drk Grn/Beige/Black - 17" - sport bun warmers - Wood steering wheel, brake handle and trim - Dinan Stage 2 Software, Strut Brace, and Air Intake - Custom Borla Exhaust with Intercooler Tips - Eibach Sway Bars - BavAuto SS Brake Lines - Ron Stygar short Shift - LeatherZ stuff - starry night paint detailing on front - yada, yada, yada - and no power top (real roadsters don't have no fuggin' power top)


I am not a Nevada licensed attorney, so take this for what it is worth. But general negligence law requires you to have suffered damages beyond the medical expenses that the taxi company is already paying. For example, you would need to show lost revenue from missing work, dizzy spells affecting your life, loss of memory, etc. If you played poorly at the tables, I doubt you will have much of a case for "lack of ability to concentrate" :-)

Otherwise, you would have to prove the taxi driver "intended" to hurt you to claim punitive damages.

(This post is not intended to be actual advice regarding specific facts, but is meant only as a statement of general law that may or may not be applicable in certain jurisdictions).

I had to state that last part!

Enjoy your Z3 with its "lower" trunk lid. :-)


Hi
To cut a long story short - I was cut on the head by the trunk lid of a Taxi whilst in Las Vegas last week - driver didn't look and shut trunk on my head - LOTS of blood - required 7 staples to fix. The taxi insurance is covering the medical bills - what - if any - personal injury compensation would I get - is it worth pursuing? I will be having the staples out in 3 days - not too much damage - 2 inch gash on scalp. Keep getting the odd headache but not much more damage. what dya think? any help would be appreciated...

Roger
MZ3 owner with sore head - UK.

If you can prove the driver was negligent, then you might have a case, but I wouldn't hold my breath, negligence in a situation like this might to hard to prove. You know what they say accidents do happen.






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