MNO Blog – Motorcycles, News, Opinions

The space shuttle Discovery is ready to go with all systems normal, however NASA said there is a 60% chance of weather delaying the 9:35 pm launch.

I am really hoping for this launch. It has been many years since I can remember a night launch of the space shuttle. There is a cold front coming through that threatens forming a cloud cover blanket that would take away the viewing distance of the launch and it may cause the launch to be postponed.

Photo courtesy of NASA

Weather updates courtesy of Ride Weather

(Melbourne, Florida) 12/06/2006 Answer to wrongful death complaint in the Brevard County court of Dolores J. Morelock Vs. William D Lane and DaimlerChrysler Corporation.

William McCandless, attorney for the defendant, DaimlerChrysler Corporation filed an answer in the civil suit against the company and Billy Lane for the Wrongful Death of Gerald Morelock. The document was filed on November 15, 2006 with the Brevard Clerk of Courts and a copy has been served on Nance, Cacciatore and Hamilton, the attorneys for the plaintiff.

Before I get into the answer, I want to add to the top of this post, the definition of the legal term that you will see used throughout the text of this document. The legal term definitions used on this blog are provided by law.com.

affirmative defenses: part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges, which are called “affirmative defenses.” These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the “boilerplate” (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

Below you will find the notice transposed in its entirety.

NOTICE OF AFFIRMATIVE DEFENSES OF DEFENDANT, DAIMLERCHRYSLER CORPORATION

NOW COMES the Defendant, DaimlerChrysler Corporation (“DC”), by counsel, and asserts the following Affirmative Defenses:

1. No Negligence. Defendant DC was not guilty of any negligence which was a legal cause of any damages allegedly sustained by Plaintiffs’ decedent.

2. Comparative Negligence. In the event that discovery demonstrates that Plaintiffs’ decedent was guilty of negligence which was the sole proximate cause of any damages allegedly sustained, plaintiffs’ recovery is therefore barred. Alternatively, in the event that discovery demonstrates that plaintiff’s decedents own negligence substantially contributed to the damages allegedly sustained, the recovery of plaintiff’s, if any, should be reduced proportionately.

3. Third party fault. In the alternative, while continuing to deny any and all liability, DC asserts that plaintiff’s decedent’s alleged damages may have been the result of the negligence of third party over whom DC had no control and was not legally responsible. DC cannot identify such parties until discovery has been conducted. DC relies upon the doctrine of Fabre v. Marin, 623 So.2d1182 (Fla. 1993).

4. Collateral source set-off. DC is entitled to a set-off for all payments made by collateral sources for bills, expenses, or other obligations which have been paid, or are payable to Plaintiff’s herein. Further, DC is entitled to a set-off for any settlements or compensation Plaintiffs may have received regarding the subject incident.

5. Tort Reform and Insurance Act of 1986. Additionally, DC asserts that the incident herein falls under the provisions of the “Tort Reform and Insurance Act of 1986”. which said act specifically addresses, but is not limited to, joint and several liability and non-duplication of benefits. DC affirmatively pleads all of the defenses and rights available to it under said statute.

6. Federal Pre-emption. Additionally, DC affirmatively states that it is entitled to any and all rights and privileges available to it under the Federal Pre-emption Doctrine.

7. Apportionment of damages. Additionally, DC asserts that it is entitled to an Apportionment of damages in relation to the degree of fault of all parties, persons, companies or employers, whether joined as co-defendant or not.

8. Mitigation of damages. In the event that discovery demonstrates that Plaintiffs failed to mitigate their alleged damages, the recovery of plaintiffs, if any, should be reduced accordingly.

9. Intervening/superseding cause. In the event that discovery demonstrates that Plaintiff’s claim arose from a superseding and intervening causes unrelated to DC, then Plaintiffs claims are barred.

10. Limitations of liability. Any recovery by Plaintiffs’ is limited by F.S.A. 324.021(9)(b).

11. Failure to state a cause of action. Plaintiffs’ fail to plead the requisite elements of negligence to support a cause of action as required by Simon V. Tampa Electric Company. 202 So.2d209, 213 (Fla. 2d DCA 1967).

12. Additional Affirmative Defenses. DC reserves the right to amend its answer to assert any additional affirmative defenses based upon either the law of Florida or facts and circumstances which may be disclosed throughout the course of discovery herein.

WHEREFORE, Defendant, DaimlerChrysler Corporation demands that plaintiffs’ Complaint be dismissed with prejudice and costs assessed against plaintiffs and further demands a trial by jury.

DENARDIS, MCCANDLESS & MILLER, P.C.

Signed by William McCandless

END OF DOCUMENT

Further research:

Norman Gregory Fernandez, ESQ article entitled YOU BETTER CHECK OUT THE PERSON THAT YOU LOAN YOUR CAR TO; YOU COULD BE HELD LEGALLY LIABLE FOR THEIR ACTIONS. This article shows why Dodge may be held responsible in the case.

I posted the original civil action complaint against Billy Lane and Dodge on October 6th entitled Wrongful death complaint cites Billy Lane acted outrageously.

The complete wrongful death complaint with the answer from Dodge
         

(Daytona Beach, Florida) 12/05/2006 

Yvonne Scarlett-Golden has been battling cancer since the beginning of the year when doctors found tumors in her digestive system. The Mayor, just released from the hospital on Monday to return home died Tuesday Morning.

Mayor Golden was elected in 2003 and re-elected in 2005 running against Daytona Businessman Rick Shiver. Daytona Bike Week campaign “ride quietly” was the idea of Mayor Scarlett Golden while she was active in all Daytona Beach “special events” as well as NASCAR and the Daytona International Speedway. Commissioner Rob Gilliland is expected to assume duties of the mayor, as he is currently serving as vice mayor.

Mayor Golden’s Biography

(Melbourne, Florida) 12/03/2006 Since 1981 the Brevard Chapter of ABATE of Florida has held a toy run to benefit the less fortunate children of the county. With nearly 1,500 members the Brevard County Chapter of ABATE is the largest in the state. The turnout for the annual toy run today demonstrated the power of the organization.

Each person was asked to bring an unwrapped toy or $10.00 donation to benefit local charities. Bags stuffed full of toys were loaded into a truck that will bring smiles to many families for Christmas.

The toy run, like many around the nation happen every year, but for the Brevard Chapter of ABATE, this year was special. This is the silver anniversary year for this group. For a quarter of a century the motorcycle rights organization has been getting together early December for the toy run.

Today’s event began at the Merritt Square Mall in Merritt Island at 12:00 noon and ended at the Brevard Community College Wickham Park Pavilion. Enough motorcycles to stretch over a mile filled the streets from Cocoa Beach to Melbourne, Florida causing traffic delays along the route.

While in many cars along the route, drivers set frustrated in having to wait while the bikers pass, they are not aware of the good that bikers do for charities in the area. The event raised $4,000.00 and several truck load of toys to help nearly 700 families in Brevard County.

With the last bike leaving the starting point nearly an hour after the toy run began and close to an hour and a half of motorcycles landing at the BCC Campus in Melbourne, the place was packed. Looking a bit like bike week, the park crowded with bikers, vendors and a live band to celebrate a successful day.

Bikers are great people! They can raise these types of donations for local charities and have a great time doing it. The weather for the toy run was great with the Florida temperature still in the high 70 to 80, its hard to believe it is December.

OK, here is a little fun quiz in photos. See if you can guess the name is of this eatery. Clue: This restaurant is known worldwide.

Clue: The dinning area has 2 televisions in each booth and free wireless Internet access.

Clue: The restaurant is most famous for the hamburger.

Answer: McDonald’s

Good grief, I could not believe this was a McDonald’s when I walked in to it. There are televisions everywhere you look in this place, even at the soda fountain you are staring at a television. The location of this McDonald’s restaurant is in Boca Raton, Florida on Yamato Road.

From the Scott Ferrall web site:

ON THE NEXT FERRALL SHOW: