Portal Forum Hockey Talk Gopher Hockey RIP Mack Motzko… Reply To: RIP Mack Motzko…

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5 O.T. wrote:

frozen4champs wrote:

There is 1 person to blame here, and that is Mr Blue. To blame the victims here is off base in my opinion. The victims were coherent enough to buckle up. When I was a youngster, I went to many bars/parties and ended up at a party with my friends at a house of someone I didn’t know. It is not all that crazy of an idea. Mr Blue was impaired behind the wheel of the car, and HE IS TO BLAME.

I’m not blaming the victims. Those are all reasonable questions, and that information will surely come out at some point, as uncomfortable as that might be.

You might not like it, but Blue has the Constitutional right to mount a defense.

Yes he does. And I understand they are questioning whether the Bentley had sudden acceleration issues, or whether the brakes were functioning properly. Those are legitimate defense issues for liability.

But the conduct of the victims here is mostly immaterial. They are not accessories to the crime, and (especially if they were under the influence), would not be in a position to assume the risks that a comparative fault would impute. I suppose if they were hanging out the window when the car went off the road they would have been more susceptible to the injury, but that doesn’t appear to be the case either.