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garbage collection a “classic sovereign immunity activity.”

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(@just-mapit)
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http://hamptonroads.com/2011/01/judge-va-beach-cant-be-sued-over-homeless-mans-death

A homeless guy in Virginia Beach was sleeping on the beach and was run over by a garbage truck the next morning....he died. This is the final verdict.....

I guess the same verdict would have been handed down if the garbage truck driver had hit a car and killed the driver. I haven't heard but I wonder if the city requires these drivers to carry their own liability insurance.

"Thursday’s ruling applies only to the claim against the city. It does not affect the family’s claim against city truck driver Heather Boyd and two assistants, Byron Askew and Demarcus Likely, who were riding on the truck’s left running board. Those claims will move forward, La Mondue said."

(hope this is the correct category)

 
Posted : January 14, 2011 5:25 am
(@the-pseudo-ranger)
Posts: 2369
 

I wouldn't be surprised if that gets overturned. I don't think sovereign immunity protects the city against acts of pure neglegence. From the photo posted of the guy just before he was run over, it wasn't dark outside and he was sleeping propped up in a chair. If it was dark and he was laying on the ground, maybe. This probably has more to do with him being black and homeless than anything else. I'd bet if she had run over a rich white person sunbathing in the morning, the results would be different.

 
Posted : January 14, 2011 5:38 am
(@noodles)
Posts: 5912
 

How in the world did they miss seeing that guy?? It could have been a tourist or anyone for that matter enjoying the morning sun and SQUISH they get ran over?? Dang... 🙁

 
Posted : January 15, 2011 1:03 am