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Archive for the 'Auto Negligence' Category

Judge accepts plea in Lane case sentencing scheduled for August

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Motorcycle News, Motorcycles, News on June 9th, 2009

lane_sworn_in

(Viera, Florida) Billy Lane was sworn in today for the first time since his arrest almost 3 years ago for DUI Manslaughter causing the death of Melbourne Beach resident Gerald Morelock. Attorney Greg Eisenmenger entered a plea of “no contest” on behalf of Billy Lane before Judge Burger explained the governing rules of the plea. Judge Burger then began to ask Lane the standard questions regarding a plea. There was a slight hesitation of yes your honor when the Judge asked Billy about his mental state. The Judge then asked State Attorney Tom Brown to state the cause for charges filed.

listening_to_evidence

The plea today was entered against the charge of vehicular homicide which was filed late in the case by the state. After the hearing, Attorney Eisenmenger stated that they had been contesting and battling against the DUI and the mishandling of the blood work. Eisenmenger made a point to brief the court of what his plans were to bring forth mitigating circumstances to curtail Lane doing any time in prison. He suggested that Lane would instead be held accountable by means of probation or house arrest and listed other terms of a possible agreement. Some of terms mentioned were that Billy Lane’s drivers license be revoked for life, that he attend drug and alcohol abuse programs and that he would do community service as the court found fit.

no_comments_from_lane
Billy Lane left the court room as reporters asked him to comment, however Attorney Greg Eisenmenger told us that Lane would not be making any comments at this time. Lane has not commented publicly about the incident yet.

eisenmenger_interview

Outside the court room Attorney Greg Eisenmenger answered questions from reporters. When asked if he was satisfied with a 9 year prison sentence, he responded that he intends to bring forward mitigating circumstances to in hope of working out a deal in which Lane would not be incarcerated. Eisenmenger stated that ultimately the final judgement would be up to the court and could be anywhere from a amount of time probation or house arrest up to the low side of the guidelines which would call for 9 years imprisonment. He was also asked about how Billy was doing and what he was doing. Eisenmenger stated that he did not make a habit of following his clients day to day life, however he felt that Billy was still working in the motorcycle industry as he was. He went on to say that Billy has shown remorse for what happened and even at some points more remorse than what he had been advised.

Sentencing has been scheduled for August 14.

I contacted Byron Morelock, the brother of the victim Gerald Morelock after the hearing and he released the following statement:

As most of you already know, my family has been following this case from day one.
The Plea today is not a surprise.
It is true that this case has taken a long time to get to this point, however,
I have always attempted to have faith in the system.
There are many different and diverse opinions out there concerning every aspect of this case. That in itself, demonstrates how our country
Can be so diverse yet held together like timeless glue.
I have been in contact with all parties involved in an attempt to find ways
to turn this tragedy into a more positive outcome. In my heart I know that this is what my Dear Brother Gerry would have wanted. I want people to understand that I am handling this as Gerry has shown me, not necessarily as I want.
I would like to thank so many people for their prayers and good wishes and support

sincerely,
Byron & Seany Morelock

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Passenger in Billy Lane DUI Case files civil law suit

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycle News, Motorcycles, News on May 16th, 2008

Erin Derrick, the female passenger that was with Billy Lane on the night of the crash that took the life of Gerald Morelock and injured Derrick has filed civil suit against Lane and Chrysler for Auto Negligence. Lane and Dodge reached a settlement with the family of the victim last year, but are still waiting for justice in the criminal case. This is breaking news just discovered and the actual summons has not even been returned yet.

Lane is scheduled for a hearing today at 1:30 pm in the criminal case where he is still facing charges of DUI Manslaughter.

More on this story as it unfolds.

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Billy Lane Trial Update – Prosecutor’s motion granted, defense motion in wings

Posted in Auto Negligence, Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycle News, Motorcycles, News, State on October 31st, 2007

 Billy Lane arrested

The hospital medical records of Melbourne, Florida custom motorcycle builder Billy Lane will now be allowed to be used as evidence in the DUI Manslaughter case against him. Choppers Inc. owner Billy Lane is facing criminal charges resulting from the Labor Day weekend crash of 2006 that left Melbourne Beach resident Gerald Morelock dead. The victim, Gerald Morelock was killed when he was hit head on by the Dodge pickup that Lane was driving at the time. Witnesses claim that Lane was speeding and had crossed a double yellow line in an attempt to pass 3 vehicles on State Road A1A when the crash occurred.

Dodge pickup driven by Billy Lane in fatal crash

Billy Lane and his passenger, Erin Derrick were both taken to Holmes Regional hospital in Melbourne after the crash with injuries, Lane and Derrick were treated and released. Prosecutors in the DUI Manslaughter trial had filed a motion with the court to obtain copies of Lane’s medical records to be examined and possibly used as evidence in the case.

Judge Meryl Allawas ruled in favor of the motion on Tuesday allowing Lane’s medical records to be used in the trial. The defense attorneys for Lane argued that the records should not be allowed and contend that they are private. Defense attorney, Greg Eisenmenger has filed a motion to suppress the blood work taken from Billy Lane after the crash. Eisenmenger’s Motion In Limine says the state failed to comply with Florida Department of Law Enforcement rule 11D-8.012(5). The motion says that he has discovered that blood was not properly handled by not being refrigerated as required by the FDLE code.

FDLE Code 11D-8.012(5) states: “Blood samples need not be refrigerated if submitted for analysis within seven (7) days of collection, or during transportation, examination or analysis. Blood samples must be otherwise refrigerated, except that refrigeration is not required subsequent to the initial analysis”.

The burden of proof will be on the State of Florida to demonstrate they have complied with the FDLE rules.  The defense also filed a motion for independent blood analysis, but Judge Allawas is not happy with the independent lab being located so far away and has not ruled on the motion yet. Independent toxicologist Lawrence Masten of Largo, Florida has been retained by the defense to analyze the blood work, but the lab he uses, Rocky Mountain Instrumental Labs is located in Ft. Collins, Colorado thousands of miles away.

Billy Lane appears in court

Custom motorcycle builder Billy Lane, shown above with defense attorney Gregory Eisenmenger has been present in court during the last few calendar calls. Eisenmenger has several motions to suppress the blood work yet to be heard by the court including the Motion To Limine (mentioned above) and another “motion to suppress the blood draw and resulting test”.

The motion to suppress the blood draw and resulting test was filed on September 28th, 2007 and states that the attending paramedic the night of the crash had detected the odor of alcoholic beverage in the cab of the vehicle and on the passenger. The same paramedic that provided that information did not detect any alcoholic beverage coming from the Defendant, Billy Lane. However, the paramedic did detect an obvious odor of alcoholic beverage from the passenger when he treated her. The female passenger in the truck on September 4, 2006 was 22 year old Erin Derrick of Rockledge, Florida.

The motion also states that registered nurse, Wayne Stewart, withdrew the blood from the Defendant as directed by Florida Highway Patrol Trooper Davis. Nurse Stewart testified that he did not detect the odor of an alcoholic beverage on Billy Lane at or before the blood draw.

the final paragraph of the motion reads: “Withdrawal of blood without consent is only permitted when an officer has knowledge of an accident involving death or serious bodily injury and some evidence that the suspect is under the influence of drugs or alcohol. Troopers Taylor and Davis, even taking into account the information known to trooper Corbett (but not communicated to Davis or Taylor) did not have any evidence of the Defendant being under the influence of alcohol at the time of the blood draw, so the draw is illegal. Because the draw was illegal, the Defendant is likewise entitled to suppression of the blood test results.”

These motions are expected to be heard before the court on November 6, 2007 at 9:00 am. The actual trial of Billy Lane is not expected to start until early 2008. Lane could face up to 15 years in jail if convicted on the non capital murder charge of DUI Manslaughter.

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Settlement reached in Billy Lane Civil Case with Morelock Family

Posted in Auto Negligence, Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News on July 27th, 2007

(Melbourne, Florida)  After hours of mediation between the family of Gerald Morelock with Billy Lane and attorneys for DaimlerChrysler, an out of court settlement has been negotiated. The civil action was filed in October of 2006 by June Morelock, the mother of Gerald Morelock against William D. Lane and Daimler Chrysler for the wrongful death of her son. Attorneys for all parties met with a mediator for hours on Monday with Billy Lane and the Morelock family all present. The case is now closed and a settlement has been reached between the parties for a undisclosed amount .

 Billy Lane is still facing criminal charges for DUI Manslaughter, but the civil action against him and Dodge has ended in agreement. Lane’s criminal charges for DUI Manslaughter are still pending with the next scheduled hearing date of August 17 at the Brevard county court house in Viera Florida.

Byron Morelock, the brother of Gerald Morelock, the man killed by Billy Lane in the September 4, 2006 crash has released the following statement:

The Morelock family and Billy Lane / Daimler have come to an agreement. We would like to personally show our gratitude and heartfilled thanks to all of the people thru-out the nation that have showed us their support , love and caring. My family may not have made it through these hard times if it wasn’t for your caring and sympathy. Our tragedy has opened up a ground swell of emotions to say the least. We are just one, of too many families that have been forced into a regrettable situation. I once said that everyone loses in these situations……..although we lost Gerry, who was my best friend and big brother, It seems that I have found so many other ” brothers.” Men and woman that have taken time out of their lives to help us in many ways. They never have met us but opened up their hearts and souls to us .Gerry always said that I looked at the cup half “full”. With all the love shown to us by so many……our cup is slowly but surely filling up !! Please stay in touch with us. Let’s try and turn our tragedy into something good.

With true sincerity, Byron , Seany, June,Dawn & Chelsey Morelock

 More to come as I get the facts with more pictures and interviews coming.

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Morelock V. Billy Lane civil trial motion heard

Posted in Auto Negligence, Brevard County, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News, State, Titusville on May 17th, 2007

Titusville Courthouse

(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.

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Billy Lane’s Civil and Criminal Cases Clash

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News, State, Titusville on March 19th, 2007

Billy Lane sported a new look during Bike Week 2007 

Billy Lane’s new criminal attorney, Gregory Eisenmenger was present at the 4:15 pm hearing in the civil case filed against Billy Lane and DaimlerChrysler for the wrongful death of Gerald Morelock. Mr. Eisenmenger announced to the court that he was sitting in today because “ today’s hearing touches on advice I have given my client in the criminal case” and “I am here to help answer questions and advise”.

 

In fact, no questions were answered. The reason for today’s hearing was whether the questions would be answered or not. Also present today, by telephone, Sammy Cacciatore and Sam Cacciatore for plaintiff Dolores Morelock and Jefferey Vernis for Billy Lane. William McCandless, attorney for DaimlerChrysler was on the conference call as well.

 

Attorney Sam Cacciatore, filed a request for admissions with the court, asking Billy Lane to answer questions that could shorten the civil hearing time in court. Billy Lane’s civil and criminal attorneys agreed that it was in Billy Lane’s best interest to invoke the 5th amendment and not answer the questions because the criminal trial for DUI Manslaughter against Lane was still on-going. Questions pertaining to venue, such as time, date and place were under objection. Criminal attorney Eisenmenger stated that it was up to the State of Florida to prove that the crash happened, adding that they must also prove where and when, along with the identity of the deceadant, Gerald Morelock in the criminal case against Lane. Eisenmenger later added that answering these questions could be extremely damaging to his client with the criminal charges still pending.

 

Most of the objections to the questions were sustained by Judge Moxley, as they were read to the court one by one. These questions will all be presented in a later article here on this blog. Judge Moxley did overrule on a few of the objectionable questions. Cacciatore had requested that Billy Lane produce all documents pertaining to any type of lease agreement that he had with Dodge for the Dodge Ram pickup that he was driving the night of the crash. In response, civil attorney Vernis stated that there was no written agreement between Dodge and Billy Lane for the promotional vehicles that Lane had in his possession and control. Vernis called the question very broad for the plaintiffs to ask for any and all documents.

 

Objections were heard from both of Billy Lane’s attorneys when questions were asked about Erin Derrick, the female passenger with Billy Lane on the night of the crash. Attorney Sam Cacciatore said “ we have no idea what the relationship was” between Billy Lane and Erin Derrick. Eisenmenger, said that Ms. Derrick could be a link in the chain of evidence for the criminal case and had advised Lane not to answer. It was determined by the court that Lane would have to answer the question regarding his driving history by listing all traffic citations prior to the Labor Day crash. I asked attorney Greg Eisenmenger how he felt about the decisions. Eisenmenger stated “ I think the judge ruled appropriately in all respects.

 

I will elaborate as to all of the questions in a full article tomorrow.

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Habitual DUI offender kills motorcyclist

Posted in Auto Negligence, Brevard County, DUI, Florida, Law, Local, Motorcycles, News, Titusville on February 26th, 2007

 (Titusville, Florida) James E. Bremmer, 53, of Titusville has had his driver licensed revoked for more than 5 years for arrests on 3 DUIs back in 1998. The charges were enough to mark him as a habitual offender, yet he was driving a borrowed pick up truck on Sunday night and veered into the path of 52 year old motorcyclist Dennis Bestwick. The pick up truck that Bremmer was driving side swiped Bestwick while riding his motorcycle northbound on US 1 killing him.

Bremmer has been charged with DUI manslaughter, driving with a suspended license, violation of right of way and DUI with property damage. Trooper Kim Miller also noted that if someone lent Bremmer the truck on a revoked license, that person could face fines for allowing an unauthorized driver access.

Because, Trooper Kim Miller, the public information officer for the FHP does not recognize me as a news source, I have to refer to a story just released to the mass media published in the Sun Sentinel for this post.

Source:

http://www.sun-sentinel.com

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Auto negligence case against Billy Lane and Dodge set for trial

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Motorcycles, News, Titusville on February 7th, 2007

 Titusville Courthouse

(Titusville, Florida) Trial target date set for August 20, 2007 in wrongful death auto negligence case against Billy Lane and DaimlerChrysler Corporation.

Although today’s appearance in the civil case against Billy Lane and Dodge was a calendar hearing, there were some motions presented to the court. Present at the hearing today were Jeffery Vernis, Esq. and Terrance Perkins attorneys for defendant, William D. Lane. William McCandless, attorney for defendant, DaimlerChrysler, was present by telephone. Representing the plaintiff(s) Dolores J. Morelock, Estate of Gerald V Morelock, were S. Sammy Cacciatore and Sammy M. Cacciatore. The hearing was held in chambers of Honorable Judge John D. Moxley Jr. at 1:30 pm today.

Jeffrey Vernis Presented an oral argument to the court on his Motion To Dismiss, filed November 26, 2006, asking the court to dismiss the case against Lane. The Motion To Dismiss states that the plaintiff fails to set forth the required elements of negligence in the complaint filed. Vernis made oral argument before the court on the motion to dismiss while citing the Florida Law, Rules & Guidelines and case law. Cacciatore stated to the court that while he felt the complaint was sufficient, he would be willing to add the word “negligence” to paragraph 9 in an amended complaint. Judge Moxley denied the motion to dismiss and accepted the offer of the amended complaint.

Jeffrey Vernis next approached the court on the Motion For Speedy Trial that was filed by the plaintiff on November 7, 2006. Vernis stated that the motion had been ruled on without being heard and asked that the court entertain his response. Judge Moxley allowed Vernis to go on and then asked if he could be prepared for trial in four and a half months. Vernis called the motion for speedy trial “premature” and stated “your Honor, I would be very shocked if we could be ready for trial in four and a half months.” Judge Moxley upheld the motion for speedy trial and set the trial to be heard on August 20, 2007.

William McCandless, attorney for DaimlerChrysler was to speak to the court by telephone about the affirmative defenses that he had filed on November 15, 2006, but McCandless had another call and disconnected from the hearing.

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Dodge answers auto negligence suit

Posted in Auto Negligence, Brevard County, Case Research, Chopper Builders, DUI, Florida, Investigative Reports, Law, Local, Melbourne, Motorcycles, News, Titusville on December 15th, 2006

William McCandless, attorney for DaimlerChrysler, in the suit against the corporation and Billy Lane has filed an answer to the auto negligence and wrongful death claim for Dolores Morelock, mother of Gerald Morelock.

This is going to be a rather lengthy post because the answer contains in all, 37 responses. Problem being, as in all answers in law, the document does not contain the questions. So, for me to post just the answers would not make much sense. It would be very tricky to go back and forth from the page that has some of the questions to this page. Not only tricky, but confusing. The other option I considered was to only post some of the most important or highlight responses. Whereas that would not be fair, some may want to know things that are omitted, while others may say items were omitted intentionally.

Basically this will be a recap of what has transpired with the addition of the answers that are on the document that I retrieved from the Brevard County Clerks office today. Although the answer was filed on the 14th of November, it had not been in the case folder up until today when I checked.

With that said, below this will be the text of the two documents that are pertaining to one another. The complaint filed for the Plaintiff, Dolores Morelock, mother of Gerald Morelock and the answer filed for the Defendant, DaimlerChrysler. I should mention here as well, the attorneys involved.

  • Defendant (1) William D. Lane
    Party Attorney: Terence R. Perkins
    Party Attorney: G. Jeffrey Vernis
  • Defendant (2) Daimlerchrysler Corporation
    Party Attorney: William McCandless
  • Plaintiff (1) Dolores J. Morelock
    Party Attorney: S. Sammy Cacciatore JR
  • Plaintiff (2) Estate of Gerald V Morelock
    Party Attorney: S. Sammy Cacciatore JR

Allegations Common To All Counts

  1. This is an action for damages which exceed the sum of fifteen thousand dollars ($15,000.00).

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At all material times hereto, the decedent. Gerald V. Morelock, was a resident of Brevard County, Florida.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At all times material hereto, Dolores J. Morelock, was the mother to Gerald V. Morelock, deceased.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At all times material hereto, the Plaintiff, Dolores J. Morelock, was the duly authorized personal representative of the estate of Gerald V. Morelock.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At all times material hereto, the Defendant, William D. Lane was a resident of the State of Florida.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. The Defendant, Daimlerchrysler Corporation, at all material times was and is incorporated in the State of Michigan and has been authorized to transact business in the State

DC denies the allegations in the form and manner alleged as untrue.

  1. The Defendant, Daimlerchrysler Corporation, at all material times was the owner of the 2006 Dodge pickup truck with Michigan tag number 2922HU (hereinafter referred to as “2006 Dodge pickup truck”).

DC admits the allegations.

  1. The Defendant, Daimlerchrysler Corporation, at all times material to this action manufactured, distributed and marketed motor vehicles under the trademark Dodge.

DC admits the allegations.

  1. On or about the 4th day of September, 2006, the decedent, Gerald V. Morelock, wearing a helmet, was properly operating his 1983 Yamaha motorcycle with his headlight illuminated northbound on State Road A1A at the same time as the Defendant, William D. Lane, was operating the 2006 Dodge pickup truck southbound on State Road A1A in the northbound lane and hit the motorcycle operated by the decedent, Gerald V. Morelock, head on.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. The Plaintiff’s decedent, Gerald V. Morelock, died on the 4th day of September, 2006 in Brevard County, Florida.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the collision, the Defendant, William D. Lane, was operating the promotional 2006 Dodge pickup which was owned by DaimlerChrysler Corporation, and had been provided along with other promotional vehicles to the Defendant, William D. Lane, for his use.

DC admits that it furnished the subject vehicle for Lane’s use but denies the remaining allegations in the form and manner alleged.

  1. The 2006 Dodge pickup was and is a promotional vehicle with logos, advertising art work and the “Dodge” name prominently all over the front, side and rear of the vehicle for the purpose of advertising and marketing Dodge pickup trucks. Three photographs of that 2006 Dodge pickup promotional vehicle are attached as Exhibit “A1 through A3″.

DC denies the allegations in the form and manner alleged.

  1. At all material times, the Defendant, William D. Lane, was using the vehicle owned by the Defendant, DaimlerChrysler Corporation, with permission and consent of DaimlerChrysler Corporation and for the economic benefit of the Defendant, DaimlerChrysler Corporation.

DC admits that Lane had DC’s permission to operate the vehicle bu lacks sufficient knowledge or information to form a belief as to the truth of the remaining allegations.

  1. The Defendant, DaimlerChrysler Corporation, received an economic benefit as a result of the Defendant, William D. Lane, operating the promotional Dodge pickup truck together with the other provided promotional vehicles on the roadways of the State of Florida as well as other states.

DC denies the allegations in the form and manner alleged.

  1. At the time of the collision, the Defendant, William D. Lane, was operating the 2006 Dodge pickup truck even though his license was suspended by the State of North Carolina.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the collision, the Defendant, William D. Lane, was awaiting a sentencing from the courts of North Carolina for a charge of driving under the influence.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the collision, the Defendant, William D. Lane, was operating his vehicle in excess of the posted speed limited.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the collision, the Defendant, William D. Lane, was operating his vehicle southbound State Road A1A when he crossed the double yellow line and drove into the northbound lanes of State Road A1A.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the collision, the Defendant, William D. Lane, had a blood alcohol level of .192, or an amount which is greater that twice the legal limit in the State of Florida.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. That as a direct and proximate result of the aforesaid wrongful acts of the Defendant, William D. Lane, Gerald V. Morelock died.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. At the time of the decedent’s demise, he was unmarried. The following are the beneficiaries of Gerald V. Morelock, deceased, and their relationship to the Plaintiff’s decedent as set forth by the Florida Wrongful Death Act:
Name Relationship
Dolores J. Morelock Mother

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

COUNT I

NEGLIGENCE OF WILLIAM D. LANE

The Plaintiff incorporates the Allegations Common to All Counts as if fully stated herein.

CLAIM OF THE ESTATE OF GERALD V. MORELOCK, DECEASED

  1. As a direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, the estate has experienced the following losses:
  1. The loss of earnings of the deceased from the date of injury to the date of his death;
  2. The loss of the prospective net accumulations of the estate which reasonably could have been expected but for his wrongful death;
  3. Medical expenses due to the decedent’s injury;
  4. Funeral expenses.
  5. Prejudgement interest at the legal rate on all amounts which the estate has incurred for the property damage loss, medical expenses, and on any other liquidated expenses incurred as a result of the aforedescribed injuries and subsequent death of Gerald V. Morelock.

DC denies the inference of negligence directed against it as untrue. DC lacks sufficient knowledge or information as to the truth of the remaining allegations and therefore must deny the allegations.

CLAIM FOR THE BENEFIT OF DOLORES J. MORELOCK

  1. As further direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, as a survivor and parent of her deceased child has suffered the following losses:
  1. The value of lost support and services from the date of her son’s injury to his death, with interest;
  2. The value of the future loss of support and services from the date of her son’s death;
  3. Mental pain and suffering from the date of her son’s injury up to the present, and future mental pain and suffering as a result of her son’s death.

DC denies the inference of negligence directed against it as untrue. DC lacks sufficient knowledge or information as to the truth of the remaining allegations and therefore must deny the allegations.

Wherefore, Defendant DaimlerChrysler Corporation requests judgment in its favor, along with an award of costs and attorney fees.

COUNT II

LIABILITY OF DAIMLERCHRYSLER

The Plaintiff incorporates the Allegations Common to All Counts as if fully stated herein.

DC incorporates by reference its answers to paragraphs 1-23 of the amended complaint as though set forth herein, paragraph by paragraph and word for word.

  1. A motor vehicle is a dangerous instrumentality.

The allegation calls for legal conclusion, for which no answer is required. However, DC acknowledges Florida common law that has construed automobiles to be subject to the “dangerous instrumentality doctrine”.

  1. The Defendant, William D. Lane, had a history of disobeying traffic laws, receiving numerous moving citations, and being a reckless, incompetent or unfit driver.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. The Defendant, DaimlerChrysler Corporation, knew or should have known through the exercise of due care that the Defendant, William D. Lane, had a history of disobeying traffic laws, receiving numerous moving citations, and being a reckless, incompetent or unfit driver.

DC denies of the allegations as untrue.

  1. The Defendant, DaimlerChrysler Corporation, entrusted the 2006 Dodge truck which was involved in the above mentioned crash to the Defendant, William D. Lane, for the economic benefit received from the advertisement and marketing by the Defendant, William D. Lane, operating the promotional 2006 Dodge pickup truck.

DC admits that it provided Lane with the authority to operate the vehicle but denies the remaining allegations in the form and manner alleged as untrue.

  1. 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.

DC denies the allegations in the form and manner alleged as untrue but admits to those duties imposed upon it by operation of law.

  1. The death of the Plaintiff’s decedent, Gerald V. Morelock, was proximately caused by the negligence of both the Defendant, DaimlerChrysler Corporation, entrusting the 2006 Dodge pickup truck to William D. Lane thus providing the opportunity the actions of the Defendant, William D. Lane, as described above.

DC denies the allegations in the form and manner alleged as untrue.

CLAIM OF THE ESTATE OF GERALD V. MORELOCK, DECEASED

  1. As a direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, the estate has experienced the following losses:
  1. The loss of earnings of the deceased from the date of injury to the date of his death;
  2. The loss of the prospective net accumulations of the estate which reasonably could have been expected but for his wrongful death;
  3. Medical expenses due to the decedent’s injury;
  4. Funeral expenses.
  5. Prejudgement interest at the legal rate on all amounts which the estate has incurred for the property damage loss, medical expenses, and on any other liquidated expenses incurred as a result of the aforedescribed injuries and subsequent death of Gerald V. Morelock.

DC denies the allegations in the form and manner alleged as untrue.

CLAIM FOR THE BENEFIT OF DOLORES J. MORELOCK

  1. As a further direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, as a survivor and parent of her deceased child has suffered the following losses:
  1. The value of lost support and services from the date of her son’s injury to his death, with interest;
  2. The value of the future loss of support and services from the date of her son’s death;
  3. Mental pain and suffering from the date of her son’s injury up to the present, and future mental pain and suffering as a result of her son’s death.

DC denies the allegations in the form and manner alleged as untrue.

Wherefore, Defendant DaimlerChrysler Corporation requests judgment in its favor, along with an award of costs and attorney fees.

COUNT III

PUNITIVE DAMAGES AGAINST WILLIAM D. LANE

DC incorporates by reference its answers to paragraphs 1-31 of the amended complaint as though set forth herein, paragraph by paragraph and word for word.

  1. The Defendant’s, William D. Lane, conduct, specifically drinking alcoholic beverages, operating a motor vehicle, exceeding the posted speed limit, and passing vehicles where there was a double yellow line were intentional acts on the part of the Defendant, William D. Lane, and the Defendant, 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.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. 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.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. The Defendant’s, William D. Lane, conduct did cause the death of the decedent, Gerald V. Morelock.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

  1. A certified copy of the probable cause affidavit is attached as Exhibit “B”.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

CLAIM OF THE ESTATE OF GERALD V. MORELOCK, DECEASED

  1. As a direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, the Estate of Gerald V. Morelock seeks Punitive Damages from the Defendant, William D. Lane.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

CLAIM FOR THE BENEFIT OF DOLORES J. MORELOCK

  1. As a further direct and proximate result of the aforedescribed wrongful acts of the Defendants, William D. Lane and DaimlerChrysler Corporation, and the ensuing death of Gerald V. Morelock, deceased, as a survivor and parent of her deceased child seeks Punitive Damages from the Defendant, William D. Lane.

DC Lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegations and therefore must deny the allegations.

Wherefore, Defendant DaimlerChrysler Corporation requests judgment in its favor, along with an award of costs and attorney fees.

END OF DOCUMENT

Below are the 3 pictures described as evidence Exhibit A1 – A3. The pictures are included as part of the auto negligence claim, not the answer from Dodge.

Exhibit A1

EXHIBIT A1

Exhibit A2

EXHIBIT A2

Exhibit A3

EXHIBIT A3

Source:

Both documents were obtained as public record for case no: 05-2006-CA-058089

Although these documents are public record, it takes me a great deal of time, effort and finances to document this case for the Internet. I ask that you respect this work by linking back to this site when using this article in whole or in part. Thanks.
 

Judge signs order in suit against Billy Lane and Dodge

Posted in Auto Negligence, Brevard County, Case Research, Chopper Builders, DUI, Florida, Law, Local, Motorcycles, News, Titusville on December 13th, 2006

Brevard Circuit Court Judge Moxley has signed the plaintiff’s (Morelock) motion for speedy trial in the auto negligence suit against William D. Lane and DaimlerChrysler Corporation. The motion for speedy trial was filed on November 7, 2006 by Sam Cacciatore, attorney for the Plaintiff, Dolores J. Morelock who is suing for the wrongful death of her son, Gerald Morelock.

Jeffrey Vernis, attorney for the defendant, Billy Lane, opposed the motion saying it was premature, insufficient on its face, and without substantive support. Vernis also said the motion should not have been filed without the case being scheduled for trial or not being on the trial docket, pointing out twice that the court must consider health as well as age of the plaintff in determining the motion.

Judge Moxley denied the response filed by Jeffrey Vernis on behalf of Billy Lane and granted the motion for speedy trial to the Plaintiff, Dolores Morelock. The motion states: The court is to give preference in this cause in setting matters on the court’s docket.

This case is currently set for Calendar Call: Hearing on February 7, 2007 at 1:30 pm to be heard at the Titusville Historic Courthouse in Titusville, Florida

Source:

DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR SPEEDY TRIAL

ORDER ON PLAINTIFF’S MOTION FOR SPEEDY TRIAL

Both documents were obtained as public record for case no: 05-2006-CA-058089