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WhoIsNumberNone

(7,875 posts)
Thu Dec 19, 2013, 04:47 PM Dec 2013

TYT: 'Affluenza' Teen Drunk Driver Sued By Victims



"A wealthy Texas teenager who got no jail time for killing four pedestrians while driving drunk still faces three civil lawsuits filed by victims' family members, NBC's Dallas affiliate reports.
Many of those family members were outraged when 16-year-old Ethan Couch got probation after a psychologist testified he had "affluenza" — meaning he thought he was immune from punishment because he was rich.

Couch's family may still be on the hook for millions in related civil litigation, though. (Unlike a criminal case, Couch can't be sentenced to jail or be found guilty. He could, however, be found liable and have to pay a monetary penalty.)"* The Young Turks hosts Cenk Uygur and Ana Kasparian break it down.
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TYT: 'Affluenza' Teen Drunk Driver Sued By Victims (Original Post) WhoIsNumberNone Dec 2013 OP
Sounds like a good idea Cirque du So-What Dec 2013 #1
I doubt it makes it to court. russspeakeasy Dec 2013 #2
Don't be shocked DAngelo136 Dec 2013 #3
I'd say that's a pretty good assessment. WhoIsNumberNone Dec 2013 #4
One additional factor Geoff R. Casavant Dec 2013 #5

DAngelo136

(264 posts)
3. Don't be shocked
Fri Dec 20, 2013, 12:13 AM
Dec 2013

at the award that the court gives to the families. Nor should you be shocked if they decide to settle.
I'm no lawyer but, I know this much; there's no way that the plaintiffs can lose. The Couch's counsel will likely stipulate that a. Ethan WAS behind the wheel b. That his negligent actions did indeed cause harm to the other families.
A possible out will be that he's 16 and a juvenile. But here's where their defense comes back to bite them; If the crux of their criminal defense is that the Couch's lack of discipline of the minor led him to believe that he would suffer no consequences for his actions, then the parents are liable for their parental negligence by their lack of discipline of the minor child and also because he is a minor are personally liable for his actions.

So having said that, the judge or jury will have to determine the damages awarded. In the event of the children involved, their loss, while tragic, does not translate into any income lost to the family (i.e. nobody depended on the children's income) however, the wife if she had been working, would have her income calculated multiplied by her potential length of employment. The same would go for all of the other families. "Pain and suffering"; that's usually thrown out. So compensatory damages would be relatively low. However, the punitive damage award would be huge. Probably more than the Couch's homeowners insurance and auto insurance carrier (if he were covered) would pay out. So their possible remedy would be to settle or if it went to trial in front of a jury, and my scenario plays out, declare bankruptcy.

Any thoughts? Again, I'm no lawyer, but that's my best guess on what will go down.

Geoff R. Casavant

(2,381 posts)
5. One additional factor
Fri Dec 20, 2013, 12:43 PM
Dec 2013

At the time of the homicide, he was driving a truck that was owned by his dad's corporation, and that was "entrusted" to him by his father the CEO. Very easy to argue the business is on the hook as well.

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