[MV] legal case in Sacramento re camo-painted vehicles

From: Patricia Gibbons (wa6ube@ix.netcom.com)
Date: Thu Dec 30 1999 - 09:57:14 PST


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Bill George wrote:
> Some stupid $^$(&(&#$ idiot decided this morning would be a great time to
> run a red light and destroy my M1009 CUCV ! Of course if you compare the
> damage, she got the worst of it :)

George, for what it's worth, the following event was being discussed
at our annual military vehicle camp-out at Big Bear RV park last
spring:

There is an MVCC member who lives in Sacramento California who
was run into by another driver.

The other driver was pulling out of a side-street and she failed
to look before pulling out and hit the approaching M1009 being
driven by our MVCC member.

This case ended up going to court, and at the moment I can't recall
which of the two parties was the plaintiff.

The woman's attorney, raised the definition of camouflage at the
proceeding
and claimed in court that because the military vehicle had a camouflage
paint pattern, his client could not easily see the approaching vehicle.

Her attorney further emphasized the point that the <entire reason> that
<anything> would be painted with a camouflage paint pattern is
<expressly>
for the purpose of rendering the item as invisible as possible and
to blend the item into the background.

The woman driver prevailed in this case and the MVCC owner was required
to pay all damages since he was driving a vehicle that was painted in
such a manner as to make it difficult for other drivers to see it
easily in traffic.

I will be at Big Bear this coming spring and will meet again with
the people that were passing on this information. If I can get
further details, especially as to whether the woman driver was
the plaintiff or not, I'll pass it on to the group.

This case is NOT a good precedent for military vehicle owners!!

-- 

Patricia E. Gibbons Acting Chief Communications Technician City of San Jose - ITD/communications <http://www.qrz.com/callsign.html?callsign=wa6ube> ...................................... My Public Key is available at: <http://pgp5.ai.mit.edu:11371/pks/lookup?op=vindex&search=0xEDECB44F> Key ID: 0xEDECB44F This key is RSA, NOT Diffie-Hellman !!

Echelon Magnet:

Michigan shore may be fruitful. Drop 6 continues to be reliable indicator. Semtex Blowpipe Capricorn Gamma Gorizont penrep racal.

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