A Kansas jury has found an auto dealership not liable for negligence in a lawsuit brought against the business by the widow of a man who was killed when a bus apparently given away as a gift by the dealership ran into an overpass and injured some passengers who were standing on top of a modified party deck which had been built onto the bus. The widow claimed that the auto dealership sold the bus in its converted state, thereby putting a dangerous vehicle on the street, for $1,000 but the dealership claimed they never made any such modifications and gave the bus away as a gift while it was still in school-bus form. Ultimately, the jury believed the defendant and found them not liable. Several other parties were named as defendants in the suit but settled before trial and remain sealed.
Even though this case took place in Kansas, it helps to illustrate several important points regarding personal injury law in Tennessee. The first point is that there are almost always multiple parties who bear some degree of responsibility for an accident. Tennessee’s comparative fault system allows plaintiffs to recover for their injuries from other responsible parties, even if the plaintiff was also negligent to some degree. In this situation, the plaintiff was almost certainly negligent since he was apparently standing up on top of a converted school bus partying while it was in motion. The driver of the bus would also have been negligent here, because you simply cannot operate a vehicle while people are standing up on top of it and drinking alcohol, and you certainly need to make sure your vehicle isn’t over fifteen feet tall before you smash into an overpass which clearly says “Clearance: 15 feet 0 inches.” Had the jury found that the dealership converted the bus prior to sell it, the dealership too would bear some degree of liability for constructing and selling a dangerous vehicle. Several other parties would potentially be liable in such a situation including the owner of the bus, the organizers of the party, etc., but their liability would depend on the facts of the case.
In a complicated case where many different parties may be liable, it is important to know who can be held responsible and what level of responsibility they may bear. Consulting a skilled personal injury attorney can assist plaintiffs in maximizing their recovery.
Source: http://www2.ljworld.com/news/2010/jul/13/cat-tracker-fatality-case-now-lawrence-jurys-hands/