The complaint filed by Dolores J. Morelock, plaintiff, for the wrongful death of her son, Gerald V. Morelock names William D. Lane and Daimlerchrysler Corporation as the defendants. Mrs. Morelock has retained the legal services of Nance Cacciatore and Hamilton a Melbourne based law firm that filed the complaint on October 2 in Brevard County, Florida. The case has not yet been set for trial.
The Parties
Dolores J. Morelock, Plaintiff, Mother of the deceased, Gerald V. Morelock lives in Dayton, Ohio. Her son, Gerry Morelock loved it when the family visited Sebastian, Florida in his youth. He used to tell everyone that one day he would move to Sebastian to live. Dolores J. Morelock is named as the Personal Representative of the Estate of Gerald V. Morelock in the complaint.
William D. Lane, Defendant, known to most as Billy Lane famous chopper builder and owner of Choppers, Inc. of Melbourne, Florida gained his popularity appearing on the Discovery Channel's hit television show The Great Biker Build-Off and Monster Garage. Billy Lane, 36, was born in Miami, Florida and says that his brother got him in interested in motorcycles in his younger years.
Daimlerchrysler Corporation, Defendant, owns Dodge, a sponsor of Billy Lanes Blood Seat & Gears Tour. The auto maker produces vehicles from small cars to heavy duty pickup trucks. Dodge owns the vehicle Lane was driving at the time of the crash.
The Crash
The fatal crash that took the life of Gerry Morelock, son of the Plaintiff, Dolores Morelock happened on State Road A1A, 2.8 Miles south of Melbourne Beach at 9:00 pm. September 4th, 2006, according to the probable cause affidavit filed by investigating Officers of the Florida Highway Patrol.
The affidavit states that Billy Lane was operating a 2006 Dodge Mega Cab Pickup at this time of the accident. Based on sworn witness statements, the defendant was passing three other vehicles at one time and exceeded the speed limit of 50 MPH. The defendant continued to pass regardless of northbound traffic.
Investigators say that Billy Lane was drinking prior to the crash at Coconuts on the Beach and traveled to Cheaters where he continued drinking. Lane left Cheathers drove to his place of business, Choppers Inc. in Melbourne, FL on his motorcycle with a passenger, Erin Levens Derrick. Billy Lane changed vehicles and proceeded to travel to his residence with Ms. Derrick.
The FHP affidavit continues on to say that Billy Lane attempted to pass in a no passing zone across a double yellow line. Witnesses stated the defendant was traveling in excess of 60 MPH while overtaking them and that they could not believe Lane was passing in no passing zone. All the witnesses of the crash stated that Morelocks motor scooter's headlight was on and that it was in clear view of oncoming traffic.
Investigators say that Billy Lane continued to overtake the witnesses vehicles with no regard for Morelocks motor scooter traveling northbound on State Road A1A. Gerry Morelock was operating his Yamaha motor scooter on the right side of the northbound lane two feet five inches from the painted white line. Lane veered east in an attempt to avoid a head-on crash with the motor scooter. Defendant, Billy Lane, then struck Gerald Morelock head-on with the right front of the Dodge Pickup. Morelock's motor scooter was thrown west upon impact, coming to rest sixty-four feet away. Morelocks right leg was severed and he was killed instantly.
The Dodge truck that was being operated by Billy Lane drove onto private property and started to overturn, striking three palm trees knocking them over. The truck continued to overturn traveling two hundred and four feet striking a power pole with its undercarriage knocking it over and came to rest on top of the power pole on the northbound side of State Road A1A.
The Aftermath
FHP Narrative continued that upon arrival of the Brevard County Fire Department, Paramedics stated that Billy Lane was in the driver seat and coherent. One of the Paramedics stated that he could detect the odor of an alcoholic beverage from the driver's side of the vehicle while performing medical treatment on Mr. Lane.
Billy Lane was transported by ambulance to Holmes Medical Regional Center in Melbourne, FL. Two FHP Troopers were dispatched to the hospital to take a blood sample from Lane. They arrived at the emergency room to request the blood sample at 10:42 pm. Lane refused. The Trooper advised him of Implied Consent and he still refused. The Trooper told Billy Lane due to the serious nature of the traffic crash, they would be taking a sample of his blood for the D.U.I. Investigation. A registered nurse then drew the blood from the Lane while he was held down by the Troopers. His blood sample was submitted into evidence and sent to the F.D.L.E. Crime lab for analysis.
The Arrest
On Friday, September 22, 2006 the results of the BAC were returned from the crime lab to the investigating officer. The blood test indicated Lanes BAC at the time of the accident was 0.192%, which is more than twice the Florida legal limit. The results revealed Billy Lane to be under the influence of an alcohol at the time of his traffic crash.
The complaint filed on behalf of Morelock stated that Lane caused this traffic crash by driving the 2006 Dodge pickup in a willful and wanton disregard for the safety of persons or property and is guilty of reckless driving (Florida statute 316.192), that he chose to pass on a double yellow center line and is guilty of improper passing (Florida statute 316.0875.2), that he caused the death of a human being by the reckless operation of his vehicle and is guilty of vehicular homicide (Florida statute 782.071.a), and that he was driving the 2006 Dodge Pickup while intoxicated to the Blood Alcohol Level of 0.192% and caused the death of a human being, Gerald Vernon Morelock, and is guilty of D.U.I. Manslaughter (Florida statute 316.193.3. (c)3).
The complaint further asserts that Lane had a revoked driver license in the State of North Carolina for refusing to submit to a breathalyzer test on June 25, 2006. The State of North Carolina also suspended Lane's Florida driver license for refusing to submit to a chemical test. The suspension is valid through July 13, 2007. The complaint says that Lane was aware of this suspension due to North Carolina taking his Florida driver license at the time of his arrest in that state. The complaint concludes that Lane is guilty of driving while his license was suspended in the state of North Carolina, was negligent operation of a motor vehicle, and caused the death of a human being, Gerald Vernon Morelock, and is guilty of a felony of the third degree.
On Monday September 25, 2006 at 1:00 pm Billy Lane turned himself in at the FHP headquarters on HWY 520 in Cocoa, Florida. He was accompanied by 4 attorneys and charged with DUI Manslaughter, DUI Serious Bodily Injury and Driving while License Suspended/Revoked With Serious Injury or Death. Billy Lane was also required to turn in his passport and is not allowed to drink alcohol or drive.
Billy Lane is scheduled to appear in court for these charges on October 27, 2006 in Brevard County.
The Wrongful Death Complaint
A complaint filed for the wrongful death of Gerald V. Morelock is based on the following:
Allegations Common To All Counts
The defendant's decision to repetitively engage in such dangerous conduct suggests a higher level of culpability than would be present in a case involving a first time offender.
The defendant, Daimlerchrysler Corporation at all material times was the owner of the 2006 Dodge Pickup truck.
At the time of collision, the defendant, William D. Lane, was operating the promotional 2006 Dodge pickup truck which was owned by Daimlerchrysler Corporation, and had been provided along with other promotional vehicles to the defendant, William D. Lane, for his use.
The Defendant, Daimlerchrysler Corporation, received an economic benefit as a result of the Defendant, William D. Lane, operating the promotional vehicles on the roadways of the State of Florida as well as other states.
That as a direct and proximate result of the aforesaid wrongful acts of the defendant, William D. Lane, Gerald V. Morelock died.
Liability of Daimlerchrysler
The Defendant, William D. Lane, had a history of disobeying traffic laws, receiving numerous moving citations, and being a reckless, incompetent, or unfit driver.
The entrustment for economic benefit of the Dodge truck by the defendant, Daimlerchrysler Corporation, to the defendant, William D. Lane, created an appreciable risk of harm to others, including the deceased, Gerald V. Morelock.
More basis of claim
William D. Lane, had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to another individual would result and, despite that knowledge, intentionally pursued that course of conduct.
The Defendant's, William D. Lane, conduct was so reckless or wonting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct, such as the decedent, Gerald V. Morelock.
Here's a pic of his truck after the accident:
[Blockierte Grafik: http://img.photobucket.com/albums/v202/t-rob/Misc/326_Billys_Crushed_Dodge_09042006_1.jpg]