Lollipops in Daytona has to pay millions...
 

To someone who got hit on his bike after a 19 year old dancer who was drunk hit him and he lost his leg.

Thats not a good thing...

where is Dlaw to explain this

It's probably a good thing that guy sold his boat then. I saw a Skater over there one time when I was out, told it was his and that he just sold it. That thing was bad!!! He was coming out at Halifax the same time I was that day. It was LOWDDDD!!!!

Oh I have been through the hit on the motorcycle and lost a leg deal....good luck collecting on anything from the persons employer. If the girl that hit him has insurance that will be all he will get.
Best of luck!

Not sure about other states. In some places bars, even private home owners have some liability in allowing people to get drunk and leave their places by car. In WA its illegal to sell alcohol to someone who appears under the influence. If you get hit by a drunk, you could argue that the bar, home owner was just as responsible for that drunk being on the road. They broke the law serving an under the influence person or a minor in this instance. If they did not break the law no drunk on the road!!!!

Her being under age may have something to do with it as well.

Fever Mike was hit by some idiot and was almost killed. The guy even tried to keep going. Mike is the toughest guy I know to survive and now prosper in life!

http://www.news-journalonline.com/Ne...AD03120807.htm

awarded 4.8 million.

That article cleared up alot.

Our legal system sucks. There was no proof of her DUI to the point where she wasn't even charged for DUI. How in the world can they get 4.8m out of a club then?

Probably half because a lot of people have an animosity to strip clubs, and half because the guy was a cop. I think the girl should be paying for it, not the club.

I feel sorry for the victim that was hit by the girl. She got off pretty damn easy and she was the person responsible. I have to agree with Brett that it was a sympathetic award as there sure seems to be a lot of inconsistancies in the stories. Seems kind of convienant for the girl to come up with the "oh yeah, they served me 10 drinks". Nothing but an atempt to shift focus from her personal responsibility to another party in an area that can't be substantiated, has deep pockets, and quite frankly probably has it's share of people in the area that would like to see them go under or finacially hurt. just my $.02

Utterly astonished. Small town politics at work. If that was in a real city the case would NEVER have gotten that far. I call BS on the cop, the girl and the verdict. Hopefully, on appeal, the REAL judges will toss that $hit in the trash. :mad:

As quoted from the club's attorney/OSO member, it's "a sympathy verdict." Read the article and you'll see that justice did not prevail in this case.

Sorry I didnt post more details, as I didnt know them. I was watching the news last night and it came across, so I posted it. I knew someone would find more on it.

What a crock

Pain and suffering should never be reimbursed

Life is pain and suffering

Hell I have been married 4 times

You want to talk about pain and suffering some one should be paying me

new tv show Lawsuits Gone Wild

Said that. Or a minor in this instance. :D

Get the right jury and lawyer in the room you can make anything make sense. Working with public companies just to ensure we follow rules. I get to hang out with a lot of lawyers and accountants. Also had orchards with migrant worker cabins that employee's use. Asked what would be the liability if our employee's living on company property, as our "guests" got drunk and hit someone. Hence my knowledge on how this could be argued. Every transaction that I do with a public company is vetted by our lawyer(s) and in today's environment even private companies should do the same!

Most states if your under age and have any alcohol in your system and drive can be a DUI. WA, "it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle."

The only real question is did she in fact work at Lollipops. If I make porn tapes or take pictures of naked women. Would I not have to keep proof that the model was of legal age at the time my porn was created? You would think the club would even if she was a contract dancer, have to do the same. Have it on file thats she is legal. So if she did work then they knew she was underage. Most states that is a crime to sell and serve minors alcohol. Lollipops if she had any alcohol in her system broke the law and that led to a person being injured. Loss of a limb, I would sue their butts off. Settle out of court for free private dances for life though!

Why is she not in jail????

It would serve no purpose......she did the criminal act but wasn't the one with deep pockets....so she gets a pass and everyone refocuses on the money trail..and really that's all our legal system is about anyway.

Kind of like the guy sentenced to 85 years for a boating accident.

The guy that hit me and broke every bone in my left arm, 2 bones in my right arm, my pelvis and the fact I lost my ENTIRE left leg NEVER went to jail. Just because you almost kill somebody or maime them for life due to YOUR careless driving does not mean you really have to pay for anything.

...and then your (the person that loses a limb or breaks just about everything) gets sued by the insurance company and then has to write the insurance company and the attorney a big check....

the real loser always in these types of deals is the person that got hit...they lose there life as they new it and they lose a lot of there money!

unitl you know what pain and suffering really is and lose a limb or get disfiguered for the rest of your life I do not believe you really know what it is like!:mad:

will he ever be able to ever actually collect this amount of money?

I'm with ya Mike! Let him follow you around for 24 hours!

Mike,

I am sure it is alot of work but no one should get paid for pain and suffering

That indicates we should have some form of guarantee everytime something goes wrong

Every day people face unique challenges every single day

there are alot of people that are walking around (or not walking ) disabled or disfigured from birth
do they sue there parents ???? Oh yea some do

paying for medical bills are one thing, Pain and suffering is a crock I stand by my statement

Being born with out a limb and losing a limb is so different I should understand that YOU would never know who it changes ones life!

Let me clue you into something....being born with out a limb does not hurt nor do you suffering any nerve pain every day...your brain does not know any better. Losing a limb is far different. Again you really ned to back up and re-think your statements on this subject.

Mike

I am sure you are passionate about this, and I take it you have a limb missing I dont know you to know different

I have backed up to look at this and I know many people with afflictions that have occurred later in life
One who was disfigured from burning and he will side with me

he continues to deal with his issues and has had insurance pay for the reconstruction and healing

Though he still has pain and is permantly disfigured he does not seek financil help from the person whose actions cause him this permanent disfigurement

life is pain and suffering, and beyond the repair, it does not mean someone should be paid ridicules money (Millions)

Lawsuits are sucking this country dry along with stupid financial payments for accidents (they dont call em on purposes) sure the idiot drunk driver deserves punishment and the family reimbursement for medical expenses but after that it should not be a windfall

Tis just my opinion and I mean no offence

I stand by my statement

Yes I lost my entire left leg due to being hit on my motorcycle on Feb 6th 2003. This was all over OSO and I see you have been a member since 2001 so I though you knew about this and who I am.

Chit happens and it really sucks and the world continues on however with accidents like mine and the one on this thread your life and what you have to put up with is changed for ever and NOT for the good. This is becuase of other negligence and they should be hit where it hurts too.

You say you know many people that have been inflicted with injuries like this and they agree with you.....????.... I see people every week and/or month with inflicted injuries like I have during my hospital visits and prosthetic clinic visits to meet with those that are getting ready to go through what I went through and have not met a single 1. hummmm....

i have no idea, i'm sure it will be appealed though...

didn't brett represent you?(not that it is any of my business)..

and to boatme- i belive people should be compensated for pain and suffering. someone hurts someone and takes apart their ability to enjoy life as we were born(all body parts) someone should pay.

now , do i think sean and darlene should be responsable for that , i don't think so. the female who hit the person should be.

i'm sure brett did the best he could at trial to show the jury his client was not responsable ,but i am not a lawyer , and do not know the laws in the state of florida.

but one does have to wonder if the trial was by "jury of his peers"...

Mike,

I am not going to argue this with you as I can not stand in your shoes nor do I want to

But I am not uninformed on this subject

My wife is a nurse and i know what you are talking about

This is my opinion and i do not think anyone should be handed a lump of money for accidents this is just how i feel

I hope for you your life is long and your pain is minimal

Mike Alweiss was my lawyer. I could have sued the pants off the guy that hit me but I would never be able to collect the money I was told. I am not so sure Lollipops should be held accountable for this stripper drinking on the job. If she snuck the drinks and did not appear to be drunk how are they responsable? She should be responsable for her actions as she was an adult.

BoatMe, I do not want to argue this with you either and I understand your opinon and I do not wish what happened to me on anyone no matter their feelings towards me...it is no fun to live life the way I have to live it....on the other hand I do have a lot to still live for....so the world continues with or with out me and I still want to be a part of it...as of right now...somedays I do not feel this way. Oh well....

Mike you have my respect for pulling through this as well as every member of OSO.Any one can get up every morning when things are going great,but it takes a real man to get up when they have not turned out as planned

i don't see how the bar is held accoutable...hopefully our OSO legal team can explain ... we have what 2 or 3 dozen lawyers on here?



fever mike- knew it was someone that raced boats that represented you...

Exactly

Sorry for such a long delay... It has been a rough weekend. I still am in shock after the verdict. The facts were so far in our favor that it is inconceivable to have lost.

The deal is this:
The young girl was never a dancer at the club, her friend was. The driver had been in town for 2 days and even after the accident told the officer she was unemployed, which he wrote on the police report. Our witnesses testified that we searched employment records and not a trace of her.

More importantly is that the law required her to be intoxicated at the time of the accident. She was initially charged with leaving the scene and fleeing and elluding because the officer that caught her administered field sobriety test, twice. He testified that she DID NOT have any indications of impairment, not even a smell of liquor... NOTHING. The only testimony about intoxication was hers 5 years and 2 months after the accident for the first time. She had been to court and plead to the criminal charges and told the judge on the record "I was not drinking and alchohol was not involved". It wasnt until this past May that she changed her story after being offered to be dismissed from the suit. The day after her depo she was dropped. Bought testimony.

The jury absolutely ignored the jury instructions, ignored the facts and hammered the club, period. They even had the nerve to glare at us as they left the court room and walk over to the plaintiff and shake his hand congratulating him and saying good luck. It was like he just hit the lottery.

Things like this make you question the integrity of the process.

The above statement says it all

Buy a lottery ticket at 7/11 and you have a 1 in 10,000,000 chance of getting a big payout

Slip and fall at the 7/11 and you have a 1 in 3 chance of a big payout

Brett sorry to hear how this all went down

I am assuming you will be appealing ????

Could you have gotten a trial with the just the judge and not a jury ??? Or is that imposable with these kind of cases?

Do you think that would have changed the outcome ?

Seems sympathetic jurors are half the problem

We need profesional jurors not amateurs off the street (Jury of our peers Ha ha - I dont think so)

you do plan to appeal?

Yes, but you still have to post a bond to stay the collection proceedings. Its just a PIA.

That's so messed up! I'm shocked at the verdict. How in the heck is the club involved in any way?! All fault should be with the driver, not the club! What a crock of sht! :mad:

Mike you should post some pics of your injuries and show the board why your're the toughest MF on here!