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Governmental Tort liability?

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TCBnFlash

Junior Member
With all that I said in the above message and the response was "Not", am I stuck with having a "judge" trial? Something in my gut tells me I should have trial by jury and it needs to be in another county. My reconstructionist has already turned over his report to the other side and he affirms that the other driver was wreckless and that the equipment safety lights/ flashers/ were not in use. My wife was seriously injured in this accident and I do have a lawyer. I feel he is doing a good job, but more heads working on a matter is my policy.
When is Governmental Tort Liabilty limit for damages made higher? The driver of the other vehicle has been found to:
Have a dui/ drug criminal record at the same time that he was driving this tractor for the city.
He lied on his deposition about the drug/ dui convictions (said he did not have them). The reconstructionist said ( and will testify in court) that the tractor driver was wreckless/ careless/ entered the highway without looking or yielding. Was not tested for drugs/ or alcohol, even though his supervisors knew of his DUI/Leaving the Scene of an Accident/ Hit and run ; just one month prior to almost killing my wife and daughter on the same highway. (PS- this person has since died of a drug over dose I am told. I know he died, but I am not sure how or when. (Wished I knew). I am getting close to trial and I feel that we will be offered a settlement. I think the other side should pay my legal fees, ect. If the truth had been told in the first place by the city employees I would not have had to go this legal path, but since I have, I have discovered that they were indeed wreckless/careless ( and even drunk or on drugs- but no drug test was done). Sorry for the long soap box, but I have to cover my bases, especially as we get close to trial. We are asking for 1,500,000 for my wife and 500.000 for my daughter. I know, you can put as many zeros as you want and that doesn't mean anything, but being the situation and criminal backgrounds, ect. I think I should not be held to the limit of the Governmental Tort liability ( I am in Tennesse by the way) I want someone punished for letting this drunk/ drug using / wreckless/ careless person and his employee ( government or not) to pay and pay dearly! It has taken us 5 years to get our lives back together to some degree.
I am agry, but not like I was in the beginning. When a doctor tells a husband that he may have to amputate your loved ones leg, it is something you don't get over. Their is still a possibility that she may have problems in the future. Well, enough said.
Just getting fired up for the trial in the near future. Even though i have a lawyer, I still like to stay on top of things in this matter.
 


did you every contact the state police and find out if it was legal in your state for the police to do their own investigation. did this guy have a cdl. if it happened since 93 it doesn't make any difference what you were driving, a drug test is required if it involves a personal injury(federal). the problem is the city is most likey self-insured so it will come out of their pocket and that is why they are stalling. i bet the citys insurance pool would not even cover him if they had known. i would love to see a copy of their employee handbook or union contract. it is a shame that his supervisor covered for him instead of trying to get him help. what kind of local gov do you have? city council. sometimes you can get a member on your side and "push" in the right direction. they usually do not like these kind of black marks. i do not know how big this community is but i wish you luck and keep us informed. i know where i come from we had a incident where several people were injured and one was killed (a friend, so i can understand your frustration). they knew there was a potential problem but did nothing to correct the problem and they hid behind gov imunity.
 

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