There was a CBS correspondent named Bob Simon who was killed in a car accident recently. The company and their driver who appears to have caused the accident are using "Culpable Conduct" as part of their defense. This is a common defense and understanding why has value for all of us.
On Feb 11, 2015 the limousine that Bob Simon was riding in crashed on Manhattans West Side and the result was the death of Mr. Simon. His widow Francoise Anne-Marie Simon is suing Skyline Credit Ride and their driver for wrongful death. In papers filed in New York City last week the defense claims that his behavior was the cause of his death. The defense alleges that Mr. Simon was not wearing his seat belt at the time of the accident and the lack of a seatbelt was the cause of his death in what would have been an otherwise survivable accident. These are some really dramatic and over reaching assumptions. In other words, the defense is working to pull the wool over someone's eyes.
Additional information that the defense omitted included the limo driver Skyline provided had 9 license suspensions, the driver had a "dead" left arm from a suicide attempt, the driver hit the gas instead of the brake that caused the crash and the limo driver only had a probationary license with the Taxi & Limousine Commission which was suspended following the accident. This information was only uncovered by having an attorney and private investigator willing to go the extra mile. That willingness happens largely due to experience. It appears that culpable conduct works in both directions as long as you have a strong advocate working on your behalf.
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