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Toby Keith And Family Win Wrongful Death Suit

First Posted: 03/28/08 03:45 AM ET Updated: 05/25/11 01:20 PM ET

Toby Keith

AP:

Toby Keith, his mother and his siblings have been awarded $2.8 million in damages in the 2001 collision that killed the country music star's father.

A jury returned the verdict against Elias Rodriguez and Pedro Rodriguez, operators of Rodriguez Transportes of Tulsa, and the Republic Western Insurance Co.

According to evidence presented at trial, a charter bus owned by the Rodriguezes was "in urgent need" of brake repairs before H.K. Covel was killed in the March 2001 accident on Interstate 35, said attorney Greg Dixon, who represented Keith's family. The Rodriguezes had been advised of the brake problem before Covel's truck crossed the center median and struck the bus, he said.

Read the whole story: AP

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HUFFPOST SUPER USER
MsLiz
burned out attorney, flaming liberal
11:03 PM on 12/26/2007
Since this article made so little sense, I googled the case to see if I could learn more.

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20071224/TUNEIN02/71224034/1005

Here I learned that the driver had no commercial driver's license and was not trained to drive the bus. This was the largest jury verdict in the history of the county.

http://www.purcellregister.com/article-display.asp?idnum=3884

The deceased was age 67 (I mention this because the jury award would include compensation for loss of future earnings). Furthermore, the plaintiffs' “expert witness said Covel wouldn’t have died if the bus had been equipped with the proper air brakes,” said the attorney. Originally there were other defendants, but their connection to the incident was not revealed. This was a charter bus with twenty passengers.

Based on these accounts, I would advise the defendants to appeal, on the grounds that the bus driver's alleged incompetence and lack of a license did not cause the injury; the bus' brakes did not cause or exacerbate the injury; and the verdict is excessive. Of course, there is probably a lot more to this case, because the press accounts are skimpy.
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HUFFPOST SUPER USER
YellowDogInRedCounty
Mongo mere pawn in game of life
10:57 PM on 12/26/2007
I'm one of those sick, twisted, confused progressives that LOVES me some Toby Keith. Yes, I know the contradictions there but that's just me. That being said, however, let me add my voice to those who say the following:

1. If Daddy Keith (Covel) crossed the median, how is it the fault of the bus?

2. Does this family really NEED this money?

However, let me also state that Toby Keith has been quoted as saying he is NOT a Republican and is in fact what he calls a conservative Democrat (who nonetheless supported Chimpy in 2004) and while he has most definitely appeared to have supported the war, in his Wikipedia profile it says that he "never did" and I guess you have to chalk that up to one person's viewpoint on how to support the troops even if they don't support the war. I think his way of doing so is mistaken and jingoistic, but nonetheless he is NOT a supporter of the war, just a supporter of the troops.

While I would be the first to accuse any Republican of hypocrisy for suing in such a situation, it appears we cannot accuse Toby of the same...unless someone can find a quote of his favoring so-called 'tort reform'.
09:39 PM on 12/26/2007
Considering the pseudo-logic of this court's decision: Where should Iraqi families go to file several million wrongful death suits against Toby Keith?
08:55 PM on 12/26/2007
It' Oklahoma. The defendants in the case are named Rodriguez. Hopefully no one on the bus was injured.
08:06 PM on 12/26/2007
I wonder what the republican think of the Ambulance Chaser Keith hired to bring this law suit .It hard to believe that the bus Driver was at fault when Mr. Covel crossed the medium and hit the bus head on .How were the brakes on the Covel truck why didn't he stop before hitting the bus? I guess that Oklahoma justice .
06:31 PM on 12/26/2007
Funny how the conservative republicans are stone silent when one of their own people files another typical "frivilous lawsuit", especially when the evidence shows that the conservative republicans dad was responsible in some fashion.

Only in Amerika.
HUFFPOST COMMUNITY MODERATOR
ReasonIsMyReligion
Don't know much micro-bio-logy
12:41 PM on 12/26/2007
My condolences to the Keith family. However...

As a Professional Engineer, this excerpt from the full article blows my mind:

"The Rodriguezes had been advised of the brake problem before Covel's truck crossed the center median and struck the bus, he said.

The family initially suspected Covel suffered a medical condition that caused the truck to veer out of control. It later learned another vehicle had bumped the truck and filed a wrongful death lawsuit to clear Covel's name, Dixon said."

The question is, quite simply: If the bus's brakes were in perfect shape, would the result have been any different?

Typical legal system crap: the driver who *BUMPED* Mr. Covel payed how much? Article doesn't say. Presume zip.

"Clear Covel's name." Puleeze. $2.8M buys a lot of clarity.
10:43 AM on 12/26/2007
While it's a shame that Mr. Covel died in the accident, I don't understand how the bus driver is responsible when the truck being driven by Mr. Covel crossed the center line and slammed head-on into the "defective vehicle". Even if the brakes had been in perfect condition, what difference would it have made in this situation?