Jury awards $8.6 million in motorcycle-pig crash

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A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003.

The jury ruled Friday that the state was responsible for Adam Rogers' injuries because officials knew that wild pigs regularly crossing a stretch of Highway 1 just south of the Carmel River were creating a dangerous situation, but they did nothing to address it.

Rogers, a 45-year-old former karate teacher and champion kickboxer, suffered serious injuries and is now confined to a wheelchair. He and his wife sued the state Department of Transportation in Monterey County Superior Court.

DOT attorneys argued that the state wasn't responsible for the actions of wild animals and said Rogers was under the influence when he struck them. A test found Rogers had a blood-alcohol level of more than .10 after the crash, but the jury concluded that wasn't a major factor in the crash.

Rogers' attorney, Larry Biegel, argued that the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. The state later put up a pig-crossing sign and used hunters to help control the pig population.

"This was a situation that they, the state, created, and then once they created it and saw what was happening they did nothing to stop it," Biegel said Saturday.

Most of the $8.6 million award will go toward Rogers' medical bills. Biegel said Rogers requires around-the-clock care and won't walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle.

"This ensures a lifetime of medical treatment, which (Rogers) desperately needs," he said.

Rogers' wife, Kristin Finn, also was awarded $500,000 for "loss of consortium."
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http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/03/28/state/n125049D87.DTL

My "peers" just awarded a drunk driver 9 million for getting in an accident. Unbelievable... Anyone have a good recommendation for another state to live in? I gotta get out...
 
If I were the judge, I'd recommend fining him for drunk driving. The jury system doesn't work because 98% of people in the world are complete morons.
 
You could fine him, but I really don't think he's going to be doing it again. At least not until they make hand controls for acceleration on a motorcycle.
 
[quote name='BigT']If I were the judge, I'd recommend fining him for drunk driving. The jury system doesn't work because 98% of people in the world are complete morons.[/QUOTE]

This, from someone who embraces the power of the free market!

:lol:
 
[quote name='mykevermin']This, from someone who embraces the power of the free market!

:lol:[/quote]

The free market is controlled by the 2% who can dupe the other 98%.
 
[quote name='fatherofcaitlyn']The free market is controlled by the 2% who can dupe the other 98%.[/quote]

They control the markets because they have all the power. They're not duping anyone (well, besides the Jesushead Republicans)
 
loss of consortium.....

so no reaction below the waste I assume?

I can't find how peers could see that nature was the states fault.... naturually existing and they new they cross but no signage, still...

Smack deer all the time... our fault, hell yes... states, hell no. Deer are everywhere.
 
[quote name='camoor']They control the markets because they have all the power. They're not duping anyone (well, besides the Jesushead Republicans)[/quote]

That's 90% of the people out there. Thanks for proving my point.
 
[quote name='camoor']Ridiculous. Can the state appeal?[/QUOTE]

havent read anything that said they can. (id assume they can) i think they should.

but cmon people, youre missing the bigger picture here. i live in a state full of wackos and need to move!
 
[quote name='RAMSTORIA']havent read anything that said they can. (id assume they can) i think they should.

but cmon people, youre missing the bigger picture here. i live in a state full of wackos and need to move![/quote]

"A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003."

The state's correct response: Umm ... No.

EDIT: Can't the state just ignore the will of the people like it does when right wing propositions are passed?
 
[quote name='Quillion']You could fine him, but I really don't think he's going to be doing it again. At least not until they make hand controls for acceleration on a motorcycle.[/quote]

I really hope you were being completely sarcastic.
 
[quote name='perdition(troy']I really hope you were being completely sarcastic.[/quote]
Of course. I was also trying to illustrate that they don't need to be fining someone when their crime is so small, and they've already suffered for it. Sometimes poetic justice is better than judicial.
 
[quote name='Quillion']Of course. I was also trying to illustrate that they don't need to be fining someone when their crime is so small, and they've already suffered for it. Sometimes poetic justice is better than judicial.[/QUOTE]

That's where I was going with loss of consortium....

basically the wife gets half a million, but the douche gets almost 9 million...

how long till the wife leaves for another man? and a big alimony payment starts? or a cut of it?

But it was since 2003... still together.
 
[quote name='mykevermin']This, from someone who embraces the power of the free market!

:lol:[/QUOTE]

Where does BigT do that? Just curious.

Anyway, maybe you were just joking, but I take it you think a free market would not work well if most of its participants were idiots...so what's the alternative?

A planning committee composed of "smart" people?

Democracy? :hot:
 
[quote name='rickonker']Where does BigT do that? Just curious.

Anyway, maybe you were just joking, but I take it you think a free market would not work well if most of its participants were idiots...so what's the alternative?

A planning committee composed of "smart" people?

Democracy? :hot:[/quote]

How about we pay juries as well as their current job?

How about we compose juries of pre-law students and law students as a required internship instead of somebody too stupid to find excuse to avoid their duty?

You're putting 12 people into a room and asking them to reward the party that annoyed them the least. On one side, you have the state forcing 12 people largely against their will to decide whether a peer should receive a lifetime "stupidity" bonus. On the other side, you have a cripple made so because the state put a feeding trough on the other side of the road. All you need is one sympathetic jackass and Mr. Dumb Fu has a golden parachute.
 
he shouldn't be compensated for decreased quality of life because he was drunk, but it's perfectly reasonable to award him medical expenses.. which is what the article claims most of the award is for
 
[quote name='fatherofcaitlyn']How about we pay juries as well as their current job?[/quote]

I think that would be problematic, but I understand why you would suggest it.

How about we compose juries of pre-law students and law students as a required internship instead of somebody too stupid to find excuse to avoid their duty?
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This I can't agree with. I don't want the government deciding who sits on juries and excluding everyone who doesn't fit into certain categories, which is what this amounts to. I also think it would be unconstitutional, if that matters at all.
 
[quote name='rickonker']This I can't agree with. I don't want the government deciding who sits on juries and excluding everyone who doesn't fit into certain categories, which is what this amounts to. I also think it would be unconstitutional, if that matters at all.[/quote]

Yes. We wouldn't do this overnight. I would say a state referendum or something like: Vote "Yes" if you believe only people who actively give a rat's ass about the law should be part of juries or if you're sober in this voting booth.

Of course, this might lead to something like a polling test. Then again, it is jury duty. Should the jury be composed of people who want to participate in the process?
 
juries do not interpret the law.. that is not their role.. laypeople make for better jurors than those trained in law. there's a reason legal professionals are never chosen to serve.
 
[quote name='fatherofcaitlyn']Yes. We wouldn't do this overnight. I would say a state referendum or something like: Vote "Yes" if you believe only people who actively give a rat's ass about the law should be part of juries or if you're sober in this voting booth.

Of course, this might lead to something like a polling test. [/quote]

What you're proposing is already a test.
Then again, it is jury duty. Should the jury be composed of people who want to participate in the process?
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Yes.
 
I'm not defending the guy, but isn't it the state's responsibility to ensure that interstates are safe and clear?
 
[quote name='rickonker']What you're proposing is already a test.[/quote]

Probably so. It is hard to have any real standards and there not be a test.

The alternative and current operating procedure is the state raising taxes on everybody whenever an idiot convinces 12 other idiotrs he needs compensation for his stupidity.

Isn't it enough that he'll be on disability for the rest of his life and some of his medical bills will be swallowed by the state?
 
foc, do you understand how a trial works? what the jury does?

they hear an argument and are then told to determine whether or not the charge is legit. in civil suit they're often then given the task of awarding monetary damages for each charge, which is more of a suggestion than anything else.. the judge can change that amount at whim and often does.

they're given a paper that says "this is one of the charges - this is what constitutes this charge". they do not interpret the law, they only decide what is more probable, whether the charge is valid or not. they determine facts. that is all.
 
[quote name='Koggit']foc, do you understand how a trial works? what the jury does?[/quote]

Do you know how a lease works? I know you haven't signed one yet, but do you know how it works?
 
[quote name='JolietJake']I'm not defending the guy, but isn't it the state's responsibility to ensure that interstates are safe and clear?[/QUOTE]


Pigs go wherever they want to go... not like they were living on top of the road.

My guess is that they could have had a sign, but the guy was drunk and driving... would he have noticed it to slow down?

I pay attention when there isn't a sign... not like the deer can read it... and only cross on that section of the road. They do where ever they want.


Going to extremes... they could have sent hunters out... trained sniper copter... and maybe fenced the sides of the road, but then they would only cross another side....

They are sure to clear the roads but to make sure nothing crosses it, ever?

This could be twisted around by some conservatives if the pigs are endangered, or unique to the habitat. I'm sure killing off all wildlife isn't a solution.
 
There is a really corny "Why did the pig cross the road" joke in there somewhere.

For once, though, i'll leave that to someone else.
 
[quote name='fatherofcaitlyn']Probably so. It is hard to have any real standards and there not be a test.

The alternative and current operating procedure is the state raising taxes on everybody whenever an idiot convinces 12 other idiotrs he needs compensation for his stupidity.

Isn't it enough that he'll be on disability for the rest of his life and some of his medical bills will be swallowed by the state?[/QUOTE]

See, there you've hit on the real problem. People who had nothing to do with this will have to pay. Justice, huh?
 
[quote name='fatherofcaitlyn']Do you know how a lease works? I know you haven't signed one yet, but do you know how it works?[/QUOTE]
i have signed one.. i don't get your point = \
 
[quote name='fatherofcaitlyn']Do you know how a lease works? I know you haven't signed one yet, but do you know how it works?[/QUOTE]

does anyone else get this? clear foc wants to now avoid the topic but i'm really curious as to what the hell he was trying to talk about
 
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