Original case
After a superior court rejected the Kalenka family claim, they appealed to the Alaska Supreme Court, which last week affirmed the lower court ruling. Writing for the majority, Justice Dana Fabe wrote, “The collision between Morrell’s and Kalenka’s vehicles was only the subject of their fight; the vehicles played no part in the fight itself. Accordingly, there was insufficient causation for Kalenka’s death to have arisen out of the ‘use’ of the vehicle Morrell was driving.”
You know, no joke, I’m surprised Taco Bell didn’t get themselves sued here; though now that the Alaska Supreme Court shut down the lawsuit against the auto insurance company, maybe they will.
In order for TB to be liable, they either must have known about the risk and taken inadequate steps to ameliorate it, or created the risk themselves. They’re probably in the clear.
Obviously, the torfeasor (the guy who did the stabbing) doesn’t have any resources… because he has clear liability, and if they could collect from him, they would have.
Yes, but Bill didn’t suggest that the suit would be successful. The kind of people who would sue their auto insurance company for coverage for a stabbing seem just as likely to look around for whoever else has deep pockets. It’s not as if this were the UK, were the plaintiff would get hit with extra court costs when they lose their case.