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Dischargeability of Vicarious Liability
Thank you Henrik.
Best regards. Lou Esbin
>
> For the debt to be declared non-dischargeable, the judge must find
that your client intended to cause the injury. There has to be a
"willful injury" and not an act (the lending of a car to someone)
which leads to an injury. Look up the following case: Kawaauhau v.
Geiger, 523 U.S. 57, 118 S. Ct.
> 974, 140 L. Ed. 2d 90 (1998).
>
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> Henrik Mosesi, Esq.
> Law Office of Henrik Mosesi
> 108 North Brand Blvd., Suite 201
> Glendale, CA 91203
> T: (818) 551-9600
> F: (818) 551-9900
> E: henry@...
> W: Mosesi.com
> Note: In replying to this email, please use henry@... as the email
address.
>
> ----- Original Message ----
> To: cdcbaa@yahoogroups.com
> Sent: Monday, January 21, 2008 5:46:18 PM
> Subject: [cdcbaa] Dischargeability of Vicarious Liability
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> Facts: I had a client come in today whose daughter was
driving his
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> car when she fell asleep at the wheel, struck a pedestrian J-walking,
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> and killed him. She was not DUI. The pedestrian was a 70 year old
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> undocumented "visitor." She is in jail awaiting trial, had several
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> past speeding tickets and was recovering meth user. The 70 year old's
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> family is out for lottery money on a wrongful death lawsuit once
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> daughter (now incarcerated) is tried and found guilty of vehicular
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> manslaughter, or something similar (PD attorney says she will likely
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> get 3-4 years). Client's insurance was minimum $15,000 coverage.
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> House has equity (some, but declining) and he and wife have public
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> pension plans. They currently exceed the Means Test.
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> Question: Regardless of whether Chapter 7 or 13, would the vicarious
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> liability of the client, as owner of the vehicle, be dischargeable or
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> nondischargeable?
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> Best regards.
>
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> Law Offices of Louis J. Esbin
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> 27201 Tourney Road, Suite 122 | Valencia, CA 91355
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> Tel: 661-254-5050 | Fax: 661-254-5252 | Web: www.Esbinlaw. com
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> Certified Bankruptcy Specialist - State Bar of California Board of
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> Legal Specialization.
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The post was migrated from Yahoo.
For the debt to be declared non-dischargeable, the judge must find that your client intended to cause the injury. There has to be a "willful injury" and not an act (the lending of a car to someone) which leads to an injury. Look up the following case: Kawaauhau v. Geiger, 523 U.S. 57, 118 S. Ct.
974, 140 L. Ed. 2d 90 (1998).
Henrik Mosesi, Esq.
Law Office of Henrik Mosesi
108 North Brand Blvd., Suite 201
Glendale, CA 91203
T: (818) 551-9600
F: (818) 551-9900
E: henry@mosesi.com
W: Mosesi.com
Note: In replying to this email, please use henry@mosesi.com as the email address.
To: cdcbaa@yahoogroups.com
Sent: Monday, January 21, 2008 5:46:18 PM
Subject: [cdcbaa] Dischargeability of Vicarious Liability
Facts: I had a client come in today whose daughter was driving his
car when she fell asleep at the wheel, struck a pedestrian J-walking,
and killed him. She was not DUI. The pedestrian was a 70 year old
undocumented "visitor." She is in jail awaiting trial, had several
past speeding tickets and was recovering meth user. The 70 year old's
family is out for lottery money on a wrongful death lawsuit once
daughter (now incarcerated) is tried and found guilty of vehicular
manslaughter, or something similar (PD attorney says she will likely
get 3-4 years). Client's insurance was minimum $15,000 coverage.
House has equity (some, but declining) and he and wife have public
pension plans. They currently exceed the Means Test.
Question: Regardless of whether Chapter 7 or 13, would the vicarious
liability of the client, as owner of the vehicle, be dischargeable or
nondischargeable?
Best regards.
Law Offices of Louis J. Esbin
27201 Tourney Road, Suite 122 | Valencia, CA 91355
Tel: 661-254-5050 | Fax: 661-254-5252 | Web: www.Esbinlaw. com
Certified Bankruptcy Specialist - State Bar of California Board of
Legal Specialization.
The post was migrated from Yahoo.
Lou:
I have a memory that the liability of the owner who is not driving the car
is limited to $15K/30K. This was from a PI atty I refer cases too, but I
may not remember correctly. It is worth looking into.
Pat
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Off the top of my head without researching it , I'd be surprised if the vicarious liability of your clients could be found nondischargeable in Chapter 7 under Section 523(a)(6). In Chapter 13, it's clearly dischargeable under 1328(a)(4) unless a judgment against your clients has already been entered, and even then it should be nondischargeable unless the court made findings that your clients' conduct was willful or malicious.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
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To: cdcbaa@yahoogroups.com
Sent: 1/21/2008 5:46PM
Subject: [cdcbaa] Dischargeability of Vicarious Liability
>> Facts: I had a client come in today whose daughter was driving his
>> car when she fell asleep at the wheel, struck a pedestrian J-walking,
>> and killed him. She was not DUI. The pedestrian was a 70 year old
>> undocumented "visitor." She is in jail awaiting trial, had several
>> past speeding tickets and was recovering meth user. The 70 year old's
>> family is out for lottery money on a wrongful death lawsuit once
>> daughter (now incarcerated) is tried and found guilty of vehicular
>> manslaughter, or something similar (PD attorney says she will likely
>> get 3-4 years). Client's insurance was minimum $15,000 coverage.
>> House has equity (some, but declining) and he and wife have public
>> pension plans. They currently exceed the Means Test.
>>
>> Question: Regardless of whether Chapter 7 or 13, would the vicarious
>> liability of the client, as owner of the vehicle, be dischargeable or
>> nondischargeable?
>>
>> Best regards.
>>
>> Law Offices of Louis J. Esbin
>> 27201 Tourney Road, Suite 122 | Valencia, CA 91355
>> Tel: 661-254-5050 | Fax: 661-254-5252 | Web: www.Esbinlaw.com
>>
>> Certified Bankruptcy Specialist - State Bar of California Board of
>> Legal Specialization.
>>
>>
>>
>>
>>
Off the top of my head without researching it , I'd be surprised if the vicarious liability of your clients could be found nondischargeable in Chapter 7 under Section 523(a)(6). In Chapter 13, it's clearly dischargeable under 1328(a)(4) unless a judgment against your clients has already been entered, and even then it should be nondischargeable unless the court made findings that your clients' conduct was willful or malicious.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To: cdcbaa@yahoogroups.com
Sent: 1/21/2008 5:46PM
Subject: [cdcbaa] Dischargeability of Vicarious Liability
>> Facts: I had a client come in today whose daughter was driving his
>> car when she fell asleep at the wheel, struck a pedestrian J-walking,
>> and killed him. She was not DUI. The pedestrian was a 70 year old
>> undocumented "visitor." She is in jail awaiting trial, had several
>> past speeding tickets and was recovering meth user The 70 year old's
>> family is out for lottery money on a wrongful death lawsuit once
>> daughter (now incarcerated) is tried and found guilty of vehicular
>> manslaughter, or something similar (PD attorney says she will likely
>> get 3-4 years). Client's insurance was minimum $15,000 coverage.
>> House has equity (some, but declining) and he and wife have public
>> pension plans. They currently exceed the Means Test.
>>
>> Question: Regardless of whether Chapter 7 or 13, would the vicarious
>> liability of the client, as owner of the vehicle, be dischargeable or
>> nondischargeable?
>>
>> Best regards.
>>
>> Law Offices of Louis J. Esbin
>> 27201 Tourney Road, Suite 122 | Valencia, CA 91355
>> Tel: 661-254-5050 | Fax: 661-254-5252 | Web: www.Esbinlaw.com
>>
>> Certified Bankruptcy Specialist - State Bar of California Board of
>> Legal Specialization.
>>
>>
>>
>>
>>
The post was migrated from Yahoo.
I believe absent a finding of negligent entrustment the vehicle owner's
statutory liability is limited to $15,000 per person.
And the owner's automobile insurance carrier is obligated to provide a
defense.
Creighton Stephens
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The post was migrated from Yahoo.
Facts: I had a client come in today whose daughter was driving his
car when she fell asleep at the wheel, struck a pedestrian J-walking,
and killed him. She was not DUI. The pedestrian was a 70 year old
undocumented "visitor." She is in jail awaiting trial, had several
past speeding tickets and was recovering meth user. The 70 year old's
family is out for lottery money on a wrongful death lawsuit once
daughter (now incarcerated) is tried and found guilty of vehicular
manslaughter, or something similar (PD attorney says she will likely
get 3-4 years). Client's insurance was minimum $15,000 coverage.
House has equity (some, but declining) and he and wife have public
pension plans. They currently exceed the Means Test.
Question: Regardless of whether Chapter 7 or 13, would the vicarious
liability of the client, as owner of the vehicle, be dischargeable or
nondischargeable?
Best regards.
Law Offices of Louis J. Esbin
27201 Tourney Road, Suite 122 | Valencia, CA 91355
Tel: 661-254-5050 | Fax: 661-254-5252 | Web: www.Esbinlaw.com
Certified Bankruptcy Specialist - State Bar of California Board of
Legal Specialization.
The post was migrated from Yahoo.