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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: LindyBill who wrote (91533)	12/19/2004 10:10:15 PM
From: LindyBill	Respond to of 793917

Classical Values - Real life hypothetical A good Tort Law exam question appeared in today's news: A New York truck driver who police believe was driving drunk struck and killed a Hamilton Township, N.J., man yesterday as he took a sobriety test after being stopped on Route 130 in Bordentown Township, police said. When police stopped Shane Gildersleeve of Valatie, N.Y., less than a mile away, they found open containers of alcohol in the vehicle and charged him with driving under the influence, according to prosecutors. An officer had stopped William F. Grieb, 34, of Hamilton Township, Mercer County, on Route 130 just after 2 a.m. on suspicion of drunken driving, according to Burlington County Prosecutor Robert Bernardi. As the officer was giving Grieb a sobriety test at the side of the road, a tractor-trailer driven by Gildersleeve crashed into the police car, which then struck Grieb's vehicle, Bernardi said. The officer was able to get out of the way but was unable to move Grieb, who died instantly, Bernardi said. Clearly, alcohol was a major cause of this accident, but is it relevant whose drinking caused the car which was ultimately hit to be stopped in the first place? When the police officer detained the motorist, once he was no longer free to leave the scene, was he (or his estate) still liable? Was he contributorily negligent or was the stop an intervening act [a superseding cause?] which effectively broke the chain of causation? Might the officer have been negligent had he not made the driver pull all the way over to the side of the road? (There can be liability for negligently parking a car.) Can the driver's family recover from the trucking company as well as the county? Are there public policy considerations? In law school I enjoyed hypothetical questions like that. It's not every day you see them in real life.

To: LindyBill who wrote (91533)	12/19/2004 10:24:47 PM
From: Sig	Read Replies (2) \| Respond to of 793917

IMO the terrorists in Iraq have about reached their peak of violence. With January fast approaching, they have not done a great deal to scare people away from the polls. Might save a bit of ammo for the polling date. If they know the location of the polling places, thats bad as they could have them zeroed in. I would do it a bit different, when people start to arrive at the polls, put them on bus equipped with voting machines, drive off down a street while they vote, then bring them back to the parking lot of the polling place and pick up another load. Make a moving target. Sig