Affluenza case, drunk teen gets light sentence.
Apr 15, 2014 16:51:41 GMT -5
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Post by DontDentMyCar on Apr 15, 2014 16:51:41 GMT -5
Read Article Here: www.heavy.com/news/2013/12/ethan-couch-affluenza-drunk-driving/
This is the case of a 16 year old drunk driving at 70mph who runs into a disabled car on the side of the road and kills 4 people, and injures other kids sitting in the rear of his pickup truck.
He was something like 3 times over the legal limit. He was 16 so he was illegally drinking. There's some speculation that he was texting/phoning at the time as well.
The 'Affluenza' is the preposterous notion that because he was affluent or wealthy, he never learned that what he was doing would be wrong or that it might cause these terrible consequences.
It's important to always remember that there's not only criminal acts that can result in jail, probation, etc. but that an individual can also be sued in civil court.
The following is a lawsuit from one of Couch's friends who was injured:
PLAINTIFFS’ ORIGINAL
PETITION Page 4
20.
Couch continued drinking in his home, unsupervised by his parents, Defendants Fred and Tonya Couch, or any other adults. 21.
Couch, who did not have the required licensed driver who was at least 21 years of age next to him in the front seat, left to go
“joy riding”
in his father’s company’s truck.
22.
Sergio E. Molina was a passenger in the bed of the truck. There were five other young passengers inside the truck and another boy was seated next to him in the bed. 23.
Couch left his unsupervised home at 1719 Burleson Retta Road and rapidly accelerated his powerful truck. In the few seconds it took for him to arrive at 1551 Burleson Retta Road. a distance of only two tenths (.2) of a mile away, it is estimated that he was
already
traveling at a speed of approximately 70 miles per hour on this narrow, unlit residential street. The speed limit is only 40 miles per hour, which would be fast on this narrow road at night. 24.
Couch was Driving While Intoxicated (DWI).His blood alcohol content was an incredibly high .24 g/dL -- three times the legal limit of .08 g/dL.
Texas
Penal Code
, Section 49.04.
25.
Couch was also Driving Under the Influence (DUI
).
His
blood alcohol content was an incredibly high
24 times the legal limit of “any detectable amount” for a person under
the age of 21 years of age.
Texas Alcoholic Beverage Code,
Section 106.041(a). 26.
Ahead of Couch to the right, a 2000 Mercury Mountaineer was parked off the road with a flat tire. Four
“
Good Samaritans
”
had generously come to the scene to assist its driver and were standing outside of the vehicle. 27.
Couch was not watching the road ahead of him and may have been texting and/or using his cell phone. 28.
Instead of slowing down and even stopping to help, as these other people had done,
PLAINTIFFS’ ORIGINAL
PETITION Page 5
Couch
lost control of Defendant Company’s
truck at approximately 70 miles per hour. The boy drove off the road, struck a Mercury Mountaineer, and crashed his truck into the four pedestrians. Couch also hit a Chevrolet Silverado before crashing the truck into a tree.
Couch’s truck flipped
upside down and landed on its roof. 29.
Sergio E. Molina was hurled from the truck and landed on his head. 30.
The four pedestrians tragically lost their lives. 31.
In addition to the deceased, nine other people were injured, not including Couch. Property damage to the vehicles was enormous. It is miraculous that more people were not killed. 32.
Officer Robert Kelley of the
Tarrant County Sheriff’s Office
and other law enforcement officials
investigated the cause of the collision and concluded that Couch’s driving
while intoxicated, speeding, and negligence were the sole proximate causes of the horrific collision. 33.
A copy of the Texas Peace Officer’s Crash Report
is attached
as Exhibit “A” and is
incorporated by reference for all purposes. 34.
It is believed that Couch will be charged with four counts of intoxication manslaughter and two or more counts of intoxication assault.
35.
Young Couch
already
had a history of alcohol-related offenses before this collision. On February 10, 2013
–
when he was only 15 years old
–
Couch was apparently arrested at approximately 1:00 a.m. drinking vodka and/or beer by the Police Department of Lakeside, Texas and charged with the criminal offenses of A.
Minor in Consumption of Alcohol; and B.
Minor in Possession of Alcohol. 36.
Couch plead no contest to these charges and was sentenced on or about March 19, 2013 -- less than three months before this alcohol-fueled collision.
PLAINTIFFS’ ORIGINAL
PETITION Page 6
37.
Couch’s
mother, Defendant Tonya Couch, was present at this court hearing and was obviously
aware of Ethan Couch’s
problem with illegally drinking alcohol.
VI. NEGLIGENCE: ETHAN COUCH
38.
Ethan Couch had a duty to exercise the degree of care that a reasonably careful driver would use to avoid harm to others under circumstances similar to those described herein. 39.
Plaint
iffs’
damages and injuries were proximately caused by Ethan Couch
’s negligent,
careless, and reckless disregard of said duty. 40.
The negligent, careless, and reckless disregard of duty of Ethan Couch consisted of, but is not limited to, the following violations of Texas state law, acts and omissions: A.
Driving while intoxicated in violation of the
Texas Penal Code
, Section 49.04(a); B.
Driving a motor vehicle while intoxicated and causing serious bodily injury to another person in violation of the
Texas Penal Code
, Section 49.07(a) (intoxication assault
–
third degree felony); C.
Driving a motor vehicle while intoxicated and causing the death of another person by accident or mistake in violation of the
Texas Penal Code
, Section 49.08(a) (intoxication manslaughter
–
second degree felony); D.
Driving his vehicle in excess of the posted speed limit of 40 miles per hour in violation of the
Texas Transportation Code
, Section 545.351(b)(5); E.
Driving recklessly in violation of the
Texas Transportation Code
, Section 545.401; F.
Driving an open-bed pickup truck when a child younger than 18 years of age is occupying the bed of the truck in violation of the
Texas Transportation Code
, Section
PLAINTIFFS’ ORIGINAL
PETITION Page 7
545.414(a); G.
Driving a motor vehicle with more than one passenger in the vehicle who is under 21 years of age who is not a family member in violation of the
Texas Transportation Code,
Section 545.424(a)(2),
the Texas Graduated Driver License Program; H.
Failing to operate his vehicle at a reasonable and prudent rate of speed under the conditions and having regard for actual and potential hazards then existing in violation of the
Texas Transportation Code
, Section 545.351(b)(1); I.
Failing to control the speed of his vehicle as necessary to avoid colliding with another person or vehicle that is on the highway in violation of the
Texas Transportation Code,
Section 545.351(b)(2); J.
Failing to drive at an appropriate reduced speed if a special hazard exists with regard to traffic, including pedestrians or highway conditions in violation of the
Texas Transportation Code,
Section 545.351(c)(5); K.
Failing to maintain a clear and reasonable distance between Defendant
’s
vehicle and the other vehicles which would permit him to bring it to a safe stop without colliding into the other vehicles in violation of the
Texas Transportation Code
, Section 545.062(a); L.
Failing to drive in a single lane of traffic in violation of Section 545.060(a)(1) of the
Texas Transportation Code
; M.
Failing to drive with a licensed driver 21 years or older seated in the front seat in violation of Section 545.424 of the
Texas Transportation Code
; N.
Consuming alcohol while being a minor in violation of the
Texas Alcoholic Beverage Code,
Section 106.04;
PLAINTIFFS’ ORIGINAL
PETITION Page 8
O.
Driving while under the influence of alcohol while being a minor in violation of the
Texas Alcoholic Beverage Code
, Section 106.041;
P.
Possessing an alcoholic beverage(s) while being a minor in violation of the
Texas Alcoholic Beverage Code,
Section 106.06;
Q.
Failing to abide by the above-listed 16 laws of the State of Texas which constitutes negligence
per se;
R.
Failing to apply his brakes in a timely and prudent manner to avoid the collisions; S.
Failing to turn to the right or left in a timely and prudent manner to avoid the collisions; T.
Failing to take proper evasive action to avoid the collisions; U.
Failing to keep a proper lookout for Plaintiff’s safety that would have been
maintained by a driver of ordinary prudence under the same or similar circumstances; V.
Failing to warn Plaintiffs that he would be operating a vehicle recklessly and in his drunken condition on the night in question; W.
Driving while looking at his cell phone, texting, emailing, or otherwise using a cellular device which diverted his attention from the road in front of him; X.
Failing to drive in a reasonable and prudent manner; Y.
Failing to obtain or have the necessary knowledge, training and experience to safely operate his vehicle; Z.
Failing to maintain control of his vehicle; AA.
Failing to exercise the degree of care as would have been exercised by a driver of ordinary prudence under the same or similar circumstances; and
PLAINTIFFS’ ORIGINAL
PETITION Page 9
BB.
Failing to regard the safety and welfare of other drivers and pedestrians.
41.
Each of the foregoing acts and/or omissions, taken together or individually, constitutes negligence and each proximately caused the collision and the injuries and damages sustained by Plaintiffs. 42.
The negligence of Defendant Ethan Couch, by violating the above-listed statutes in the T
exas Penal Code,
the
Transportation Code,
and the
Texas Alcoholic Beverage Code,
constitutes negligence as a matter of law.
VII. NEGLIGENCE
PER SE
: ETHAN COUCH
43.
Ethan Couch
’s conduct described herein constitutes an unexcuse
d breach of duty imposed by the traffic laws and regulations of the United States, the State of Texas and Tarrant County, including but not limited to the
Texas Penal Code,
the
Texas Transportation Code,
and the
Texas Alcohol Beverage Code.
44.
Plaintiffs are members of the class of drivers and passengers using the roads and highways of Texas and Tarrant County that these laws and regulations were designed to protect. 45.
Couch
’s unexcused breach of the duty imposed by these laws and regulation
s proximately caused Plaintiff
’
s injuries described herein.
VIII. NEGLIGENT ENTRUSTMENT: CLEBURNE METAL WORKS LLC d/b/a CLEBURNE SHEET METAL
46.
On June 15, 2013 Cleburne Metal Works LLC d/b/a Cleburne Sheet Metal was the owner of the truck operated by Ethan Couch. 47.
Defendant Company entrusted the truck on the highways of Texas to Ethan Couch, a drunk, reckless, inexperienced, previously arrested, and incompetent driver.
This is the case of a 16 year old drunk driving at 70mph who runs into a disabled car on the side of the road and kills 4 people, and injures other kids sitting in the rear of his pickup truck.
He was something like 3 times over the legal limit. He was 16 so he was illegally drinking. There's some speculation that he was texting/phoning at the time as well.
The 'Affluenza' is the preposterous notion that because he was affluent or wealthy, he never learned that what he was doing would be wrong or that it might cause these terrible consequences.
It's important to always remember that there's not only criminal acts that can result in jail, probation, etc. but that an individual can also be sued in civil court.
The following is a lawsuit from one of Couch's friends who was injured:
PLAINTIFFS’ ORIGINAL
PETITION Page 4
20.
Couch continued drinking in his home, unsupervised by his parents, Defendants Fred and Tonya Couch, or any other adults. 21.
Couch, who did not have the required licensed driver who was at least 21 years of age next to him in the front seat, left to go
“joy riding”
in his father’s company’s truck.
22.
Sergio E. Molina was a passenger in the bed of the truck. There were five other young passengers inside the truck and another boy was seated next to him in the bed. 23.
Couch left his unsupervised home at 1719 Burleson Retta Road and rapidly accelerated his powerful truck. In the few seconds it took for him to arrive at 1551 Burleson Retta Road. a distance of only two tenths (.2) of a mile away, it is estimated that he was
already
traveling at a speed of approximately 70 miles per hour on this narrow, unlit residential street. The speed limit is only 40 miles per hour, which would be fast on this narrow road at night. 24.
Couch was Driving While Intoxicated (DWI).His blood alcohol content was an incredibly high .24 g/dL -- three times the legal limit of .08 g/dL.
Texas
Penal Code
, Section 49.04.
25.
Couch was also Driving Under the Influence (DUI
).
His
blood alcohol content was an incredibly high
24 times the legal limit of “any detectable amount” for a person under
the age of 21 years of age.
Texas Alcoholic Beverage Code,
Section 106.041(a). 26.
Ahead of Couch to the right, a 2000 Mercury Mountaineer was parked off the road with a flat tire. Four
“
Good Samaritans
”
had generously come to the scene to assist its driver and were standing outside of the vehicle. 27.
Couch was not watching the road ahead of him and may have been texting and/or using his cell phone. 28.
Instead of slowing down and even stopping to help, as these other people had done,
PLAINTIFFS’ ORIGINAL
PETITION Page 5
Couch
lost control of Defendant Company’s
truck at approximately 70 miles per hour. The boy drove off the road, struck a Mercury Mountaineer, and crashed his truck into the four pedestrians. Couch also hit a Chevrolet Silverado before crashing the truck into a tree.
Couch’s truck flipped
upside down and landed on its roof. 29.
Sergio E. Molina was hurled from the truck and landed on his head. 30.
The four pedestrians tragically lost their lives. 31.
In addition to the deceased, nine other people were injured, not including Couch. Property damage to the vehicles was enormous. It is miraculous that more people were not killed. 32.
Officer Robert Kelley of the
Tarrant County Sheriff’s Office
and other law enforcement officials
investigated the cause of the collision and concluded that Couch’s driving
while intoxicated, speeding, and negligence were the sole proximate causes of the horrific collision. 33.
A copy of the Texas Peace Officer’s Crash Report
is attached
as Exhibit “A” and is
incorporated by reference for all purposes. 34.
It is believed that Couch will be charged with four counts of intoxication manslaughter and two or more counts of intoxication assault.
35.
Young Couch
already
had a history of alcohol-related offenses before this collision. On February 10, 2013
–
when he was only 15 years old
–
Couch was apparently arrested at approximately 1:00 a.m. drinking vodka and/or beer by the Police Department of Lakeside, Texas and charged with the criminal offenses of A.
Minor in Consumption of Alcohol; and B.
Minor in Possession of Alcohol. 36.
Couch plead no contest to these charges and was sentenced on or about March 19, 2013 -- less than three months before this alcohol-fueled collision.
PLAINTIFFS’ ORIGINAL
PETITION Page 6
37.
Couch’s
mother, Defendant Tonya Couch, was present at this court hearing and was obviously
aware of Ethan Couch’s
problem with illegally drinking alcohol.
VI. NEGLIGENCE: ETHAN COUCH
38.
Ethan Couch had a duty to exercise the degree of care that a reasonably careful driver would use to avoid harm to others under circumstances similar to those described herein. 39.
Plaint
iffs’
damages and injuries were proximately caused by Ethan Couch
’s negligent,
careless, and reckless disregard of said duty. 40.
The negligent, careless, and reckless disregard of duty of Ethan Couch consisted of, but is not limited to, the following violations of Texas state law, acts and omissions: A.
Driving while intoxicated in violation of the
Texas Penal Code
, Section 49.04(a); B.
Driving a motor vehicle while intoxicated and causing serious bodily injury to another person in violation of the
Texas Penal Code
, Section 49.07(a) (intoxication assault
–
third degree felony); C.
Driving a motor vehicle while intoxicated and causing the death of another person by accident or mistake in violation of the
Texas Penal Code
, Section 49.08(a) (intoxication manslaughter
–
second degree felony); D.
Driving his vehicle in excess of the posted speed limit of 40 miles per hour in violation of the
Texas Transportation Code
, Section 545.351(b)(5); E.
Driving recklessly in violation of the
Texas Transportation Code
, Section 545.401; F.
Driving an open-bed pickup truck when a child younger than 18 years of age is occupying the bed of the truck in violation of the
Texas Transportation Code
, Section
PLAINTIFFS’ ORIGINAL
PETITION Page 7
545.414(a); G.
Driving a motor vehicle with more than one passenger in the vehicle who is under 21 years of age who is not a family member in violation of the
Texas Transportation Code,
Section 545.424(a)(2),
the Texas Graduated Driver License Program; H.
Failing to operate his vehicle at a reasonable and prudent rate of speed under the conditions and having regard for actual and potential hazards then existing in violation of the
Texas Transportation Code
, Section 545.351(b)(1); I.
Failing to control the speed of his vehicle as necessary to avoid colliding with another person or vehicle that is on the highway in violation of the
Texas Transportation Code,
Section 545.351(b)(2); J.
Failing to drive at an appropriate reduced speed if a special hazard exists with regard to traffic, including pedestrians or highway conditions in violation of the
Texas Transportation Code,
Section 545.351(c)(5); K.
Failing to maintain a clear and reasonable distance between Defendant
’s
vehicle and the other vehicles which would permit him to bring it to a safe stop without colliding into the other vehicles in violation of the
Texas Transportation Code
, Section 545.062(a); L.
Failing to drive in a single lane of traffic in violation of Section 545.060(a)(1) of the
Texas Transportation Code
; M.
Failing to drive with a licensed driver 21 years or older seated in the front seat in violation of Section 545.424 of the
Texas Transportation Code
; N.
Consuming alcohol while being a minor in violation of the
Texas Alcoholic Beverage Code,
Section 106.04;
PLAINTIFFS’ ORIGINAL
PETITION Page 8
O.
Driving while under the influence of alcohol while being a minor in violation of the
Texas Alcoholic Beverage Code
, Section 106.041;
P.
Possessing an alcoholic beverage(s) while being a minor in violation of the
Texas Alcoholic Beverage Code,
Section 106.06;
Q.
Failing to abide by the above-listed 16 laws of the State of Texas which constitutes negligence
per se;
R.
Failing to apply his brakes in a timely and prudent manner to avoid the collisions; S.
Failing to turn to the right or left in a timely and prudent manner to avoid the collisions; T.
Failing to take proper evasive action to avoid the collisions; U.
Failing to keep a proper lookout for Plaintiff’s safety that would have been
maintained by a driver of ordinary prudence under the same or similar circumstances; V.
Failing to warn Plaintiffs that he would be operating a vehicle recklessly and in his drunken condition on the night in question; W.
Driving while looking at his cell phone, texting, emailing, or otherwise using a cellular device which diverted his attention from the road in front of him; X.
Failing to drive in a reasonable and prudent manner; Y.
Failing to obtain or have the necessary knowledge, training and experience to safely operate his vehicle; Z.
Failing to maintain control of his vehicle; AA.
Failing to exercise the degree of care as would have been exercised by a driver of ordinary prudence under the same or similar circumstances; and
PLAINTIFFS’ ORIGINAL
PETITION Page 9
BB.
Failing to regard the safety and welfare of other drivers and pedestrians.
41.
Each of the foregoing acts and/or omissions, taken together or individually, constitutes negligence and each proximately caused the collision and the injuries and damages sustained by Plaintiffs. 42.
The negligence of Defendant Ethan Couch, by violating the above-listed statutes in the T
exas Penal Code,
the
Transportation Code,
and the
Texas Alcoholic Beverage Code,
constitutes negligence as a matter of law.
VII. NEGLIGENCE
PER SE
: ETHAN COUCH
43.
Ethan Couch
’s conduct described herein constitutes an unexcuse
d breach of duty imposed by the traffic laws and regulations of the United States, the State of Texas and Tarrant County, including but not limited to the
Texas Penal Code,
the
Texas Transportation Code,
and the
Texas Alcohol Beverage Code.
44.
Plaintiffs are members of the class of drivers and passengers using the roads and highways of Texas and Tarrant County that these laws and regulations were designed to protect. 45.
Couch
’s unexcused breach of the duty imposed by these laws and regulation
s proximately caused Plaintiff
’
s injuries described herein.
VIII. NEGLIGENT ENTRUSTMENT: CLEBURNE METAL WORKS LLC d/b/a CLEBURNE SHEET METAL
46.
On June 15, 2013 Cleburne Metal Works LLC d/b/a Cleburne Sheet Metal was the owner of the truck operated by Ethan Couch. 47.
Defendant Company entrusted the truck on the highways of Texas to Ethan Couch, a drunk, reckless, inexperienced, previously arrested, and incompetent driver.