Wow. Some people will sue for anything. At least the Texas Courts had good judgment in this case.
http://www.menafn.com/menafn/4ccdef7...crash?src=main

 

Link no worky for me.

 

Link not working.

 

Link worky...


Appeals court: Dealership not negligent in test drive crash

MENAFN - - 12/15/2012 5:35:16 AM

Appeals court: Dealership not negligent in test drive crash

Dec 15, 2012 (Menafn - Victoria Advocate - McClatchy-Tribune Information Services via COMTEX) --Justices with the 13th Court of Appeals ruled Thursday that Euton Harley-Davidson Inc. was not negligent when an employee crashed while test driving one of its motorcycles.

Robert Zissa Jr. filed the appeal in April 2011.

Zissa ran a stop sign on July 5, 2006, while test driving a motorcycle for the dealership. He collided with a 2002 GMC Yukon sport utility vehicle, lost part of his right leg and incurred 600,000 in medical costs, according to court documents.

Zissa accused the dealership of failing to instruct its employees on how to properly operate motorcycles and to provide a safe place to test drive motorcycles.

Cindy Sheppard, who represented the business, said Friday that she was pleased the justices upheld the 135th District Court's decision.

"My clients' sympathize with Mr. Zissa's injuries, but all along they felt it was not their fault ... They feel vindicated," she said.

Sheppard said the Eutons' didn't have workers compensation at the time of the accident because of a "technical glitch."

"The commission did an audit and thought the Eutons owed them money and suspended their coverage for a certain period of time," she said. "It turns out they were incorrect, and the Eutons had actually overpaid."

She said the company gave Zissa two routes to test drive the motorcycles that they felt were the most safe.

"He, for some reason we don't know, chose to take a different route that day," Sheppard said.

Zissa's attorney, James Juranek, said no route could replace a test driving track -- something he thinks the dealership should've had in place for its employees already.

"They (the justices) said that his employer didn't owe Mr. Zissa a safe place to test drive the motorcycle, and we think that Texas' law is pretty clear that there is such a duty," he said.

Juranek said it would've been impossible for Zissa to diagnose what was wrong with the motorcycle and be aware of the hazards on the road simultaneously.

The justices said Zissa's 16-year motorcycle riding career proved he was neither inexperienced nor ignorant about the dangers that come with his line of work.

"By Zissa's own admission, he test-drove motorcycles seven to 10 times a week for three years without incident. Therefore, we conclude that (the dealership's) duty to instruct did not apply to Zissa, "Justice Gina M. Benavides wrote in the opinion.

Juranek, who did not know whether his client would file a motion for rehearing by the Dec. 28 deadline, said Zissa's life has been changed forever by the accident.

"He can't do a lot of the same things he used to," Juranek said.

___ (c)2012 Victoria Advocate (Victoria, Texas) Visit Victoria Advocate
(Victoria, Texas) at www.victoriaadvocate.com Distributed by MCT Information
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Un-f*cking-believable. What a low-life POS. He worked at the dealership for 3 years and test rode bikes 7 to 10 times a week, didn't take the dealer designated test ride route, ran a stop sign and found an attorney to take the case! I reiterate, un-f*cking-believable...

 

Seems to me if he didn't think he knew how to properly operate a motorcycle he shouldn't have been riding one. I've never flown a Helicopter and I'll be damned if I'd get behind the controls of one just because I was working at a Helicopter place. Seems like a no brainer to me.

 

Should be able to sue the lawyer for negligence. "Was negligent in leading his client on based on his clients diminished mental capacity (stupidity)". Dealership should look into a case against the lawyer to recover costs based apon a false lawsuit.
Dumb A** ran a stop sign. Dealership can't be held responsible for that.

 

Just another reason to change tort laws and have open season on lawyers.

You file a law suit and you lose the case, you are responsible for all costs. It would eliminate a lot of frivolous lawsuits.

75% of all lawyers in the world are in the USA. Think about it.

Bwana

 

So this guy thinks that every dealer should have a test track? I want to help pay for that on my next bike purchase. Personally I have found it safer to Stop at a Stop Sign.

 

I think his parents should be sued by the dealership for creating someone that stupid!!!!