(Titusville, Florida) A calendar call was scheduled today at 1:30 pm in the civil trial filed against Billy Lane and Dodge by the Mother of Gerald Morelock for the wrongful death of her son.
The motion filed on behalf of Billy Lane and Dodge states that because evidence was found from a autopsy report showing that Gerald Morelock had alcohol in his blood, that the plaintiff should share responsibility in the crash. Lane was driving a promotional Dodge pickup loaned to him on labor day 2006 when he struck and killed Gerald Morelock. Billy Lane refused to submit to any type of alcohol test, but blood was taken 45 minutes after the September 4th crash and sent to The Florida Department of Law Enforcement crime lab.
Billy Lane’s BAC was returned by the FDLE crime lab reflecting a blood alcohol level of .192, while the autopsy report of Gerald Morelock later showed he had a blood level of .133. The attorneys for the defense of Billy Lane and DaimlerChrysler filed the motion hoping to show that the plaintiff could have had equal responsibility in the crash for this reason.
The motion was denied by the court when Attorney Sam Cacciatore pointed to case law showing that this motion would hold the “Plaintiff” at partial fault. The plaintiff in this case is Dolores Morelock, the mother of Gerald Morelock.
Mr. Cacciatore told me that the motion was suitable for a case were the plaintiff was injured. Because this is a wrongful death suit and Mrs. Morelock was the plaintiff, she could not be held responsible shared or otherwise for the crash. The civil action against Billy Lane and Dodge is scheduled to be heard in late August.
Billy Lane still faces a criminal charge of DUI Manslaughter from the same crash and could face up to 15 years in jail. No trial date has been set for the criminal case yet.