Morelock V. Billy Lane civil trial motion heard
(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.
Technorati Tags: DUI, DWI, Billy Lane, Dodge, Melbourne, Titusville Florida, court, trial, civil, criminal, law, motorcycle news
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June 5th, 2007 at 12:56 pm
Mike:
I saw at the clerks website on 3/1/07 Billy filed something called “Administrative
Guardianship”. Does that have something to do with trying to protect Billy’s money?? If you can comment, I’m curious.
Thanks.
June 8th, 2007 at 6:07 pm
I will wager a guess it is to protect his business, but I don’t know. I am also surprised how about a year after the fact, people stopped talking about this. This has gone about 1 month with no comments.
June 9th, 2007 at 12:12 am
Not much to say till the trials begin. Then the traffic on the blogs will begin again. Unless it is in the newspapers or on television it is not on everyone’s mind except for the Morelock family and I am sure they think about it every day.
June 9th, 2007 at 1:42 am
I am pretty sure Billy Lane & his family also think about this every day.
June 9th, 2007 at 2:59 pm
I’d be thinking about my butt going to jail too!!! BL should have done some thinking before he drove without valid drivers license and caused the death of another human being. At least BL’s parents will be able to visit him, write him and send money to buy from the jail store. Unfortunately, Mr. Morelock’s family can not.
June 11th, 2007 at 9:13 am
What the document says that if lane becomes incapacitated, he has pre-appointed person(s) to be the guardian over him and his assets. I don’t think that incarcerated would be included, although I am sure some attorney could argue that. But, I don’t think that is the point or reason.
June 11th, 2007 at 10:40 pm
this is sean gerry’s nephew…………….All I have to say is that you are right, it doesn’t have be on tv or a newspaper for people to care or catch their attension; loved ones, family, friends, and Even Now complete strangers do Everyday….. Still YOU DON”T EVEN KNOW WHAT MY FAMILY GOES THROUGH EVERYDAY…you imagine loosing someone close in your life dear to you… you Can’t and if you can I along with my family share your pain. remember My Uncle Gerry Morelock was cherrished by Everyone..Some knew him as a local inlet guard,cyclist or as an artist and musician, But He was a GREAT SON,,an Awsome Brother, The Best Friend and Teacher and THE BEST UNCLE!!!
Since Gerry was Taken from my Family it made me reflect and think alot more about life and the so called decisions we make.Some help save lives, while some Take them…So help do the Right thing… -Friends and Supporters thank you for your blessings and the care of my family… trust me we’ve needed it…
June 13th, 2007 at 6:29 pm
Sean! hey there.
Thanks for commenting. I know you have been reading, but it is great to have you post some words.
Best!
Mike
July 9th, 2007 at 3:45 pm
Hello Brett and all,
My heart just broke reading my son’s remarks……..I didn’t even know he had been reading the internet news and blogs.
I hear there is a new judge on our case………..Now what’s is going on ???
I have been holding my tounge very well so far…but that is going to change soon.” THE GLOVES ARE OFF !!! “
July 12th, 2007 at 12:17 am
Dear Morelock Family – as a resident of Dayton, and the riding community – we want to extend our sympathies to your family. Speaking for others, and while there are no words that work to convey our condolences -we hope at some point you find peace and comfort. If ever there was a time I wish I could find the right words, it is now. Please stay united as a family.
July 12th, 2007 at 12:18 am
Dear Morelock Family as a resident of Dayton, and the riding community – we want to extend our sympathies to your family. Speaking for others, and while there are no words that work to convey our condolences -we hope at some point you find peace and comfort. If ever there was a time I wish I could find the right words, it is now. Please stay united as a family.
November 12th, 2007 at 4:19 pm
Has anything else happened?
November 18th, 2007 at 1:23 pm
Matt,
This case was settled out of court. You can read the story here.