Auto Negligence Civil Action
The complaint filed by Dolores J. Morelock, plaintiff, for the wrongful death of her son, Gerald V. Morelock names William D. Lane and Daimlerchrysler Corporation as the defendants. Mrs. Morelock has retained the legal services of Nance Cacciatore and Hamilton a Melbourne based law firm that filed the complaint on October 2 in Brevard County, Florida. The case has not yet been set for trial.
The Parties
Dolores J. Morelock, Plaintiff, Mother of the deceased, Gerald V. Morelock lives in Dayton, Ohio. Her son, Gerry Morelock loved it when the family visited Sebastian, Florida in his youth. He used to tell everyone that one day he would move to Sebastian to live. Dolores J. Morelock is named as the Personal Representative of the Estate of Gerald V. Morelock in the complaint.
William D. Lane, Defendant, known to most as Billy Lane famous chopper builder and owner of Choppers Inc. of Melbourne, Florida gained his popularity appearing on the Discovery Channel’s hit television show “The Great Biker Build-Off” and “Monster Garage”. Billy Lane, 36, was born in Miami, Florida and says that his brother got in interested in motorcycles in his younger years.
Daimlerchrysler Corporation, Defendant, known for Dodge products. The auto maker produces vehicles from small cars to heavy duty pickup trucks. Dodge was one of the sponsors for Billy Lane’s Blood, Sweat & Gears Tour.
The Crash
Wrecked Dodge pickup driven by Billy Lane in fatal crash.
The fatal crash that took the life of Gerry Morelock, son of the Plaintiff, Dolores Morelock happened on State Road A1A, 2.8 Miles south of Melbourne Beach at 9:00 pm. September 4th, 2006 According to the probable cause affidavit filed by investigating Officers of the Florida Highway Patrol. The affidavit states that Billy Lane was operating a 2006 Dodge Mega Cab Pickup at this date and time. Based on sworn witness statements, the defendant was passing three other vehicles at one time and exceeded the speed limit of 50 MPH at the speed of 68 MPH. The defendant continued to pass regardless of northbound traffic.
Billy Lane was drinking prior to the crash at Coconuts on the Beach and traveled to Cheaters where he was drinking additional alcoholic beverages. Mr. Lane left these night clubs and drove to his place of business, Choppers Inc. in Melbourne, FL on his chopper with a passenger, Erin Levens Derrick. Billy Lane changed vehicles and proceeded to travel to his residence with Ms. Derrick The FHP affidavit continues on to say that Defendant, Billy Lane chose to pass in a no passing zone and on a double yellow line. He continued to pass at a high rate of speed. Witnesses stated the the defendant was traveling in excess of 60 MPH while overtaking them. The witnesses stated they could not believe the Defendant was passing on a double yellow no passing zone. All the witnesses stated that the motor scooter’s headlight was on and in operation and that it was in clear view of the oncoming traffic.
Billy Lane continued to overtake the witnesses regardless of the motor scooter traveling northbound on State Road A1A. The Yamaha motor scooter that was driven by Gerry Morelock was on the right side of the northbound lane two feet five inches from the painted white line. Billy veered east in an attempt to avoid a head-on crash with the motor scooter. Defendant, Billy Lane, struck Gerald Morelock head-on with the right front of the Dodge Pickup. Gerry’s motor scooter was forced west upon impact and he was killed instantly by the impact of the Dodge Pickup. The Yamaha motor scooter was destroyed and thrown to the west coming to a rest sixty-four feet away.
The Dodge truck that was being operated by Billy Lane drove onto private property and started to overturn, striking three palm trees knocking them over. The truck continued to overturn traveling two hundred and four feet striking a power pole with its undercarriage knocking it over and came to rest on top of the power pole on the northbound side of State Road A1A.
The Aftermath
FHP Narrative continued: Upon arrival of the Brevard County Fire Department and Paramedics stated that Billy Lane was in the driver seat. One of the Fire Paramedics stated that he could detect the oder of an alcoholic beverage from the driver’s side of the vehicle while performing medical treatment on Mr. Lane. Billy Lane was transported by ambulance to Holmes Medical Regional Center in Melbourne, FL. Two FHP Troopers were dispatched to the hospital for the purpose of withdrawal of a blood sample from the Defendant and were present at the emergency room to request a blood sample at 10:42 pm. Mr. Lane refused.
The Trooper read Implied Consent and he still refused. The Trooper advised Billy Lane due to the serious nature of this traffic crash, they would be taking a sample of his blood for the D.U.I. Investigation. A registered nurse then drew the blood from the defendant and it was submitted into evidence and sent to the F.D.L.E. Crime lab for analyst.
The Arrest
On Friday, September 22, 2006 the results of the BAC were returned from the crime lab to the investigating Officer. The result was 0.192% which is more than twice the legal limit of impairment for Billy Lane. The results revealed Billy Lane to be under the influence of an alcoholic beverage at the time of his traffic crash. The defendant caused this traffic crash by driving the 2006 Dodge pickup in a willful and wanton disregard for the safety of persons or property and is guilty of reckless driving ( 316.192 ) The defendant chose to pass on a double yellow center line and was guilty of improper passing ( 316.0875.2 ). The defendant, Billy Lane, caused the death of a human being by the reckless operation of his vehicle, vehicular homicide ( 782.071.a ). The defendant was driving the 2006 Dodge Pickup while intoxicated to the Blood Alcohol Level of 0.192 percent and caused the death of a human being, Gerald Vernon Morelock, which is D.U.I. Manslaughter ( 316.193.3. (c)3 ). William D. Lane had a revoked driver license in the State of North Carolina for refusing to submit to a breath test on June 25, 2006.
The State of North Carolina suspended the defendant’s Florida driver license for refusal to submit to a chemical test. The suspension is through July 13, 2007. The defendant is aware of this suspension due to North Carolina taking his Florida driver license at the time of his arrest in that sate.
The defendant is guilty of driving while license is suspended in the state of North Carolina and drove in a negligent operation of a motor vehicle and caused the death of a human being, Gerald Vernon Morelock, and is guilty of a felony of the third degree.
On Monday September 25, 2006 at 1:00 pm Billy Lane turned himself in at the FHP headquarters on HWY 520 in Cocoa, Florida. He was accompanied by 4 attorneys and charged DUI Manslaughter, DUI Serious Bodily Injury and Driving while License Suspended/Revoked With Serious Injury or Death. Billy Lane was also required to turn in his passport and is not allowed to drink alcohol or drive.
Mr. Lane is scheduled to appear in court for these charges on October 27, 2006 in Brevard County.
The Wrongful Death Complaint
A complaint filed for the wrongful death of Gerald V. Morelock is based on the following:
Allegations Common To All Counts
- The defendant’s decision to repetitively engage in such dangerous conduct suggests a higher level of culpability than would be present in a case involving a first time offender.
- The defendant, Daimlerchrysler Corporation at all material times was the owner of the 2006 Dodge Pickup truck.
- At the time of collision, the defendant, William D. Lane, was operating the promotional 2006 Dodge pickup truck which was owned by Daimlerchrysler Corporation, and had been provided along with other promotional vehicles to the defendant, William D. Lane, for his use.
- The Defendant, Daimlerchrysler Corporation, received an economic benefit as a result of the Defendant, William D. Lane, operating the promotional vehicles on the roadways of the State of Florida as well as other states.
- That as a direct and proximate result of the aforesaid wrongful acts of the defendant, William D. Lane, Gerald V. Morelock died.
Liability of Daimlerchrysler
- The Defendant, William D. Lane, had a history of disobeying traffic laws, receiving numerous moving citations, and being reckless, incompetent or unfit driver.
- The entrustment for economic benefit of the Dodge truck by the defendant, Daimlerchrysler Corporation, to the defendant, William D. Lane, created an appreciable risk of harm to others, including the deceased, Gerald V. Morelock, and a concomitant or corresponding duty on the part of the defendant, Daimlerchrysler Corporation.
More basis of claim
- William D. Lane, had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to another individual would result and, despite that knowledge, intentionally pursued that course of conduct.
- The Defendant’s, William D. Lane, conduct was so reckless or wonting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct, such as the decedent, Gerald V. Morelock.
* The content of this article was researched and is based on facts found in the FHP Probable Cause Affidavit and the contents of the complaint filed with the Brevard County Courts for the wrongful death of Gerald Morelock. It is all of public record. However, I did do a great amount of work in research, format and development of this article. Therefore, the article in whole or in part should not be used without my consent. If you wish to use article, please contact me and link back to this article giving me credit for my work.
You are welcome to leave your comments and track-back to this story. This story is also open for discussion at Bikers Voice Forum.
Source:
- Complaint for the wrongful death of Gerald Morelock
- Amended complaint for the wrongful death of Gerald Morelock
- FHP probable cause affidavit
- Florida Today news article http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20060925/BREAKINGNEWS/60925014 (removed)
The following statement is taken from the web site Beach Rider and is used by permission of the author. The author is an attorney that wishes to remain anonymous for the simple reason he does not want feedback on the issue. However, when I read the comment regarding this case, I felt that it had a great deal to offer to this article. The author was contacted and has given written permission for use.
First, remember that a criminal charge does nothing to redress injuries suffered by the victim or, as in the Morelock case, the victim’s survivors. Even the style of a criminal case — The People of the State of Florida (or, the State) v. Billy Lane — suggests the action is brought by the state to punish someone who broke the laws of the state. In other words, it’s the state seeking redress on behalf of the state, not the victims. And that makes sense. When someone commits a crime, isn’t the crime against the standards of behavior set by the people through their legislature? Isn’t the crime itself against the state?
So, what is left for the victim? Nothing but money. It’s imperfect, I know, it’s kind of creepy as well. But money is all the law allows as recompense. There is nothing else.
You cannot deny the Morelock family suffered, right? You cannot deny that they suffered at the hand of Billy Lane (assuming the evidence bears out the early reports). The civil law provides one avenue for the family to seek some sort of redress, and that’s a civil lawsuit. And it provides only one remedy. Money. How much is enough?
The right amount isn’t what will enrich the Morelocks. Let’s face it, they lost a dear family member. Do you think any of them will ever feel rich, even if they are awarded a large sum of money? Put it another
way: don’t you think every one of the surviving Morelocks would trade every penny they get plus every penny they’ve ever earned to have Gerry back? Wouldn’t you if it were your brother?
No, this isn’t about what they can get. It’s about imposing a punishment proportionate to the offense and sufficient to let the offender know his actions have consequences. He pays his debt to society for the harm he did to society by doing time (or paying a fine or doing community work), but he pays for how he harmed the family (if he did) in dollars and cents. It’s not enough. But it’s all there is.
So, why is Daimler Chrysler in this? It’s not just their deep pockets.
And its not because anyone is claiming the truck was defective. This is not a products liability case, it’s a negligent entrustment case.
They gave Billy Lane the pick-up truck and, by most accounts, retained title to it as part of their sponsorship deal. They made money from his use of the truck. But what if they entrusted the truck to him knowing he had a history of drunk driving? What if they ignored his history because they could make money from his use of the truck? Isn’t Daimler Chrysler just a little culpable? Don’t you think they bear at least some of the responsibility?
Chrysler is being held to the same standard as anyone who loans his car to someone knowing that person has a history of using it recklessly and in a way that endangers lives. We all have the duty not to do that.
You’d be held to the same standard if you loaned your car to someone you knew had a history of drunk driving. You have a duty to the other people on the road not to entrust your car to someone who you know is likely to mishandle it and cause injury.
Notice, the duty is not to loan your car to someone you know has a problem. it’s a different duty because you know the person is likely to (or has a history of) mishandling the car. If you don’t have affirmative knowledge of their history of misuse, you probably wouldn’t be culpable.
Did Daimler Chrysler know of Billy Lane’s history when they game him the truck? I don’t know. But you can see how they might be, right?
For now, that’s all that matters. The truth will come out through the civil trial process. Let it take its course. See what it reveals.
Reserve judgment until all the facts are in.
I’m glad the motorcycle community is taking a healthy interest in this case. Let us all hope for justice for all concerned.
This is a comment posted about the suit posted on another site and has been used with his permission.
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