Mike Odom went to great lengths and a 3 hour ride to get a copy of the Dodge Answer to the Morelock Family Negligent Entrustment Case, related to the Billy Lane case.
You can see the full answer posted here on Mike Odom’s Blog.
I cannot comment on Florida law because I am not licensed to practice law in Florida, (I am licensed in California and before the United States Court Central District (Federal Court) but I can say this about the answer; I would expect the exact same kind of Answer to be filed in California!
In California, you are allowed to do a general denial to an unverified complaint. (Unverified means a complaint that is not signed under penalty of perjury). So if this was a California answer it would just be a general denial.
With respect to affirmative defenses; the general rule for all lawyers defending a case it to assert every and all potential affirmative defenses in your answer, because if you don’t you could lose them.
Basically what I am getting at is that the Answer that you see filed by Dodge in its present form looks like a standard answer that any competent lawyer would file on behalf of their client. With respect to litigation; after discovery is conducted it could very well be that the decedent’s (Morelock) family could do a motion for summary judgment or for a judgment on the pleadings with respect to certain or all of the affirmative defenses.
We will see how it all pans out. There very well could be a settlement of the case before or during trial.
I would expect Dodge to cross-complain against Billy Lane for equitable indemnity, (reimbursement) in this case. In California they would have to file a cross-complaint at the time their answer is filed. I do not know for sure if Dodge cross-complained against Billy Lane or not. Maybe Mike or others could chime in on this issue in the comments section.
I handle these types of cases in my own practice. This case could take up to two years or more to get through the legal system. We will see.
By Norman Gregory Fernandez, Esq. © 2006
Welcome, my name is 
Dodge answers auto negligence suit
William McCandless, attorney for DaimlerChrysler, in the suit against the corporation and Billy Lane has filed an answer to the auto negligence and wrongful death claim for Dolores Morelock, mother of Gerald Morelock.
This is going to be a rather lengt…
I have found your blog (and Mike’s) today in my own attempt to follow up on this case. There isn’t a lot of information out there, so I really hvae to say a HUGE thanks to you and Mr. Odom for going out of your way to report the FACTS. You have both done so with a great amount of integrity, and I really apprecite that.
-Nancy Bullock
Tulsa, OK
I agree with Nancy that you and Mike Odom have kept people that are following the BILLY LANE criminal and civil cases well informed. I think that the local newspaper is keeping off the subject. One must remember the Dr. Sam Sheperd case in Ohio many years ago. One wants to be able to seat impartial jurors.
I have a friend from Indianapolis visiting here in Melbourne, Florida. She decided that she just had to have her “BOOB” autographed by Billy Lane. We went to Choppers,Inc. and was greeted at the door and told that Billy had laid off his staff there and the retail store was closed to the public. If you want a BILLY shirt you must now buy it from his online store. Just want to save somebody from a wasted trip if they are expecting to get their boob signed.
Norm: It appears that Lane hired a company to take care of his business and market his clothes. Do you think maybe Lane has been advised to put his affairs in order in case he is gone for awhile??? The criminal trial is about four weeks away. Are we only permitted by law to have drivers license for one state??? Or, are we allowed to have license in more than one state???
Norm:
While I do not consider myself a biker, I love to ride. Based upon my reading of your blog, we seem to share a passion for the law, a desire to help people, and the wind in our faces. Your comments on the “Billy Lane” issue are right on the money. being a Florida attorney, I understand where you are coming from as well as the laws in Florida. After reading the Answer and Affirmative Defenses filed by DC, I would not be suprised if there was an amendment to the Complaint to assert Negligent Entrustment against DC for allowing Billy to operate the vehicle when they knew, or should have known about the pending charge in North Carolina. I am very interested to see what results from the Plaintiff’s Request for Production, and whether there is a written agreement for the use of the subject truck wherein Billy may have attested that there is nothing in his driving record to preclude him from operating the truck. This should be a good case to watch.
Norm: I would think that DC would have some kind of responsibility to keep check on Billy Lane’s driving record. I have a friend who has worked in Melbourne, Florida at Lane Pontiac & GMC dealership nine years. At this dealership their insurance comapny runs a check on each employees drivers license monthly. This dealership does not want somebody test driving a customers vehicle or driving it into a service bay without valid license. Hense, Lane’s dealership insurance would not pay. They also know if a salesman driving a demo car has valid license. If you lease a DC vehicle in Florida you are required to carry $300,000 liability insurance and this is in the lease contract you sign. I must say that Billy Lane’s DUI problem and not doing the implied consent DUI roadside test in North Carolina did not make the news here in Florida. It was not news here till he killed Gerry Morelock. Not much in the news now. We only know what is going on with both the criminal and civil case because of Mike Odom’s extensive research. I feel strongly that somehow, the drivers license suspension was not known by DC till they were sued or called to come get their wrecked truck out of the Police Impound after the fatal wreck with Morelock. I hope that the Morelock’s prevail in their civil suit with DC because DC should be responsible for whom they loan their cars too. DC thought people seeing Lane & Comapny driving their product would boost their sales so much they loaned Billy Lane three vehicles to drive. Yes, being a fly in SAMMY”S office…the lawyer for the Morelock’s would be VERY interesting. SAMMY is the best in the State of Florida for this kind of lawsuit. I would put my dollar on SAMMY prevailing. Lane has attended two show in the past few weeks, one in PA and the Cincinnati V-Twin Expo this past weekend. I guess he is still making money. Hopefully the Morelock family will end up with something. Actions have consequenses and Lane should pay. Lane unfortunately deserves time in jail. Lane knew he had no license and should not have been driving. Hard to believe that people are still standing in lines to buy his merchandise and get his autograph.
Norm: I have questions….1. What is: Notice Production FM Non Party? 2.What is: RSP NTC DSCVY/DMND claim alibi? 3. Notice of objection to State’s Supoena Dues Tecum?
Norm: Would you please post your February 5,2007 comment on http://www.cyrilhuzeblog.com/2006/10/04/cyril-huze-about-billy-lane/#comment-405 I would gladly pay your fee for the time to post this there. You have posted there before. Thanking you in advance. I appreciate your time.
Thank-you for posting your Feb 5 comment on Cyril Huze’s blog. I APPRECIATE your time in doing so.
Thanks! Now they are throwing stones at you. You look tough and in excellent shape…I am sure you can handle it or duck quick enough. You are right in my book. Funny thing is that it seems Lane’s fan club or wannabes are on Cyril’s site. None of them would be feeling like this if Lane had killed their loved one. I am sure DC is kicking their own butts for not checking on Lane’s driving history and keeping up with the status of his drivers license. I wish more people were reading your posts, they would learn. My Daddy always said to listen to advise and then decide if it is good advise.
I told you that they would pick on you. You are the “ONLY” one tough enough to post the truth and you did it well. I am glad Cyril put your post back on too. It is only fair. Seems like everyone there who claim to be “BIKERS” feel that Lane should be excused because he rides and is a bike builder. He should not have been driving. Like you stated many months ago…..Gerald Morelock had the right to live. You also explained your case regarding the lady who was drunk and rear-ended with kids in her car and you won the civil case……she had the right not to be rear-ended and if she had not been rear-ended most likely would not have gotten a DUI. Lane was out all weekend drinking and driving and ended up killing somebody by being on the road because he had no regard for the law…..driving with suspended license.
You have more than thick skin…..from where I sit, it is a mighty fine looking body, especially those arms. You could throw some of those people without brains out the door. Yes, you are correct. I am done posting on Cyril’s site too, till after the trial. The calender setting is set for March 23, 2007 for the criminal trial. Hard to tell if his lawyers will be ready. The civil attornies said they would be very “surprised” if they could be ready in 4 and 1/2 months if they would be ready. Nearly a year by then to prepare. Judge said be ready…we are picking a jury and I am giving jury instructions the first day.
Norm: Nothing more to say on the Billy Lane criminal case or civil case can be debated or discussed until the trials begin. Now, you need to comment on the Anna Nicole Smith subject. This woman is still in the headlines a week after death. What a legal tangled web has been weaved!!!!
no one ever got a real answer on what… RSP NTC DSCVY/DMND CLAIM ALIBI mean?
Thanks for the kind words Nancy.
Norm
Indeed. There is a prejudice amongst the jury against bikers. This prejudice may work both ways since Morelock was also on a street legal scooter.
We will see how it goes.
Norm
Sandie I am sure that his lawyers have told Lane the best case and worst case scenarios on the outcome of his case.
It would make sense for a criminal and civil defendant to get their financial house in order in case they were to lose their legal cases.
With respect to the drivers license issue; I can only offer advice on California law. If you are a resident of the State of California you may get a California drivers license. If you move to California and you drive, you must obtain a California drivers license within 30 days. If you have a drivers license from another State you must disclose this fact to the California DMV. I am not aware of any law at least in California that precludes you from being licensed in another State or Nation. However, I would assume that you must be a resident of another State in order to be licensed in that State.
I am sure that there are many people who hold DL’s in multiple States because they fail to tell their respective DMV’s that they have moved out of State.
Norm
Thanks for your comments John. Yes the law is my passion. You either have it or you don’t.
With respect to discovery; I would think that DC would still have an affirmative duty to check Lane out before giving him a loaner vehicle, notwithstanding him attesting contractually that he has nothing on his driving record to preclude him from operating the truck.
Either way I am sure that DC will or has already cross-complained against Lane for equitable indemnity anyway. The real issue is whether Lane could cover the Judgment is he loses the cross-complaint?
I would like to be a fly on the wall at the Plaintiff’s firm to see what their plan is. I know what I would do!!
Norm
I agree with you Sandie that DC should have checked Lane out before they gave him or loaned him the truck. That is the whole point about Negligent Entrustment.
With respect to the criminal part of the case, it will be up to a Jury to decide. In our country everyone is innocent until proven guilty. It is easy to convict someone based upon press statements, but it is a whole different matter to actually hear the evidence at trial.
I will say this, if what I have heard and read is true, than they should fry Lane; he killed an innocent driver while driving intoxicated and on a suspended license. The only way to know if what we have heard and read is true, is to wait for the trial!
On the civil end; these are the kind of cases that I do.
With respect to Lane doing biker events; I am surprised to say the least. But then again, he has not been convicted of anything yet. If he gets convicted I am sure it will be a whole different matter.
Norm
I have no clue; it is State specific. I am a California Lawyer. A subpoena Deuces Tecum is a subpoena for writings, records, or things.
Is this from the criminal docket in the Lane case? If so, call the Court Clerk for an explanation of the abbreviations.
Norm
Sandie you do not have to pay any fee for me to post a comment!!
I will get to it later today. Plus I promised Mike some comments too. I will try to write up another article on the Lane case later tonight.
Norm
I did the post.
Norm
Funny, I just wrote a long post about bikers rights on Cyril’s blog, after your last comment. It was instantly deleted within a minute of it being posted.
I sent Cyril an email in protest. I will no longer be posting comments on his Blog until I get an explanation of why my last comment was deleted.
Update: My last comment is back on Cryil’s Blog so I will continue to post comments on his Blog.
My comment was about not about Lane per se and was more about cagers killing bikers!
I am glad that Cyril or his editors did the right thing and put the comment back up.
Keep Both Wheels on the Road!
Norm
Not to worry Sandie, I have a thick skin. I argue cases for a living!
I got pissed off when I took the time to write a long comment and it got deleted. They did however put the comment back on.
On my blog no views are censored.
Anyway we will see how the case goes and then go from there. If Lane is found guilty than all bets are off. If he is found innocent than he is innocent.
We will see won’t we.
Norm
Ha Ha thanks for the compliment Sandie.
It does sometimes take over a year to prepare a civil trial. Discovery (propounding and responding) takes a long time. This process also includes subpoenaing witnesses, documents, taking depositions, etc.
The criminal trial is a different matter. A defendant has a right to a speedy trial but can waive that right in order to properly prepare a defense. A delay also helps the prosecution to prepare their case.
I would assume that the calendar setting in the criminal case is when the actual trial date will be set. Don’t be surprised if the defense request more time!
It really does take time to prepare a case for trial. 99% of the work in a case is done before trial. 1% is the trial itself!! You would not believe how much work goes into preparing a case for trial!!
Norm
I guess I could comment on it in the Family Law Blog. Matter of fact I probably will. Thanks for the new story idea Sandie!
Look for a story in the next day or two.
Norm
I am not sure what the Florida abbreviation/codes mean. I know that Alibi is the defense by an accused person of having been elsewhere at the time an alleged offense was committed.
Norm