School Not at Fault For Single Car Accident |
At 354 years old, the Hopkins School in New Haven, Connecticut, is the 3rd oldest private high school in the country. It’s motto is Quod Felix Faustumque Sit, which in Latin means, “May It Bring You Happiness And Good Fortune.” For one of its students, November 6, 2008, brought not happiness but a personal injury in a car accident caused by her tire blowing out, and no good fortune came from the attempt by her lawyers to blame the school for the accident.
Connie Chen had driven about 1/2 mile from the school
when her tire blew and she had her accident. It appeared that the sidewall of
her tire had been cut by a knife or other sharp object while her car was parked
at the school parking lot. The lawyers whom she hired to represent her for the
accident sued the school, claiming that the accident happened because the
school did not “use surveillance technology as a disincentive to criminal
activity and as an aid to apprehending offenders.”
To prove her personal injury case, Ms. Chen’s lawyers
hired an expert on security who said that the school was responsible for the
accident because it should have had a security camera in the parking lot. When
her lawyers told the court that they had no other evidence to prove that the
school should be liable for the accident, the school’s lawyers asked the court
to throw out the case, which the court did.
Ms. Chen’s lawyers appealed to the Connecticut Appellant
Court, which ruled that the trial court was right in dismissing her personal
injury case. The Appellate Court stated that even if the expert’s opinion was
believed,
it doesn’t help the court
know whether this purported vandal or criminal who purportedly inserted some
object into the tire would have known that there was a security camera there
because there was nothing testified to about signage, whether a lack of
knowledge would have deterred this activity from taking place, whether the
camera would be monitored twenty-four hours a day, whether if someone saw this
person doing what he or she did, it would have stopped what ultimately
transpired. None of this is being offered by this expert, neither is there any
statistical or empirical evidence presented by this gentleman to indicate that
the ultimate incident would not have occurred because there were security cameras
in the parking lot.
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