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Sip-n-Cycle crash victim suing driver and local dealership


Brehus
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A woman, who was injured when a driver hit a Sip-n-Cycle, is suing that driver and the car dealership that sold him a vehicle.

Laurel Lehmkuhl has filed a lawsuit against Justin Rabago and Billion Automotive.

The accident occurred August 4, 2018, when Rabago's vehicle crossed over the center line and hit the cycle full of people. Multiple people were injured, some of them seriously, including Lehmkuhl.

Rabago was arrested and charged with his third DUI and vehicular battery.

Lehmkuhl is being represented by Scott Hoy.

https://www.ksfy.com/content/news/Sip-n-Cyle-crash-victim-suing-drunk-driver-and-local-dealership-509877721.html

It is only logical if you can sue a gun manufacturer for a gun that is used later in a crime why not sue a dealership for a car used in a crime.

Edited by Brehus
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I was curious, because I could see situations where there would be a cause of action against the car dealership (or against gun dealers or manufacturers) for negligent entrustment.

That's basically the cause of action they are pursuing, but it's odd that they claim the dealership knew or should have known of his criminal history.  I have never had a criminal history pulled when purchasing a car, and I don't see how they are going to connect those dots.

Doesn't mean they can't, but the best information I have leads me to believe that car dealership is going to get out on summary judgment.

https://www.argusleader.com/story/news/2019/05/13/victim-sip-n-cycle-crash-sues-driver-car-dealership/1167088001/

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2 hours ago, JDaveG said:

I was curious, because I could see situations where there would be a cause of action against the car dealership (or against gun dealers or manufacturers) for negligent entrustment.

That's basically the cause of action they are pursuing, but it's odd that they claim the dealership knew or should have known of his criminal history.  I have never had a criminal history pulled when purchasing a car, and I don't see how they are going to connect those dots.

Doesn't mean they can't, but the best information I have leads me to believe that car dealership is going to get out on summary judgment.

https://www.argusleader.com/story/news/2019/05/13/victim-sip-n-cycle-crash-sues-driver-car-dealership/1167088001/

I would like for a DUI check done on a person who attempts to buy a car. If the person has multiple DUIs they should not be allowed to buy or own a car as they have shown they are not responsible enough to own a car and is a danger to everyone else. We also need a DUI check on all car sales including private sales these people don't need to own a car.

Edited by Brehus
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On 5/14/2019 at 0:27 PM, JDaveG said:

I was curious, because I could see situations where there would be a cause of action against the car dealership (or against gun dealers or manufacturers) for negligent entrustment.

That's basically the cause of action they are pursuing, but it's odd that they claim the dealership knew or should have known of his criminal history.  I have never had a criminal history pulled when purchasing a car, and I don't see how they are going to connect those dots.

Doesn't mean they can't, but the best information I have leads me to believe that car dealership is going to get out on summary judgment.

https://www.argusleader.com/story/news/2019/05/13/victim-sip-n-cycle-crash-sues-driver-car-dealership/1167088001/

I assume just preventing the empty chair defense.

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Just now, shc said:

I assume just preventing the empty chair defense.

That chair will be empty after summary judgment.  It might be empty after a MJP.

But......BUT......having it adjudicated would presumably prevent the other side from raising it to the jury, so yeah, probably.

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