04-29-2016, 10:25 AM
(04-28-2016, 11:38 PM)BFritz21 Wrote: To anyone saying that the cemetery shouldn't be to blame:
The cemetery gates were supposed to be locked at dark (maybe earlier) to prevent anyone from driving back there because even driving at a normal speed would be dangerous. The caretaker's son wrecked back there driving normally underage even during the day, and the driver from my wreck had driven back there before with his father (and the caretaker knew).
Like I said, the caretaker used to buy us beer (even kegs) and party back there. So much went on back there that it was just the house and property where anything goes. Everyone at the party was drunk the night of the wreck.
I wanted to leave when the driver did a U-turn and sped back through the cemetery because he felt safe driving back there and not where I wanted to go.
He set the atmosphere for what happened and then admittedly let it happen.
He bought beer in the past, but did he that night? If so, then yes he would have been liable. If not then that has no context in this case. The gates were supposed to be locked? Says who? They are under no obligation to lock the cemetery at night. The fact the gate wasn't locked is in no way contributing to the wreck. If you weren't specifically invited onto that property (the cemetery specifically), even in the past if you were allowed, you were trespassing. It was private property and their is no expectations of lighting or safety considerations on that road other than that the road is driveable, which this one was. Lack of lighting was not a surprise it was understood as you entered as, by your own admission, you guys had been back there a bunch.
You lost because you had no case. Not because the jury, or the judge, or your lawyer screwed up, but rather because your actions and those of your friend let to the events of that night. It's hard to accept sometimes, but you and the guy driving were to blame....that is it.
