Randy tragically lost his left arm at the shoulder and left leg above the knee.
See these pictures of Randy's injuries taken about a year after the collision:
A lawsuit was filed against the Park Ranger's employer, the United States government, based on the Rangers' negligent performance of their official duties. The trial court found that the Rangers' conduct was the negligent performance of their official duties, and that such negligence was a proximate cause of Randy's injuries. The Federal Judge (not a jury) ruled that the federal government owed Randy $7.5 million as just compensation for his double amputation injuries.
The U.S. Fifth Circuit Court of Appeals reversed the trial court and held that the officers had no duty to arrest the drunk driver and misapplied Texas law and failed to find that the Rangers had custody and control over the drunk driver. The U.S. Supreme Court refused to hear the appeal of the case (did not grant a writ of certiorari.) The case now resides under the Mandate of the 5th Circuit pursuant to Fifth Circuit Local Appellate Rule 41.2. According to this Rule 41.2, the case may be recalled from the mandate "to prevent injustice." Subsequent to the trial, the government has admitted on a government website that the Rangers suspected that the driver and other occupants were using drugs.
Former Texas Supreme Court Justice William Kilgarlin, who wrote the Texas decision that should have been applied by the Fifth Circuit, Otis Engineering, has sworn in a declaration under oath that the Fifth Circuit did not properly apply the Texas law and completely ignored the evidence of the Park Rangers' control over the drunk driver. As incredible as it sounds, the Fifth Circuit case stands for the proposition that law enforcement officers in Texas have NO DUTY to the motoring public or pedestrians to arrest a drunk driver that they know to be intoxicated!
How can you help Randy obtain justice? By tweeting or re-tweeting this post, posting it on Facebook, and bringing it to the attention of all media people and elected officials that you know. If enough of you make this injustice known, the Department of Justice may finally hear us and provide Randy with the justice that has eluded him for many years! Keep on tweeting and re-tweeting and posting on Facebook and contacting your media and elected officials! Thank you!!
This is totally unjustReplyDelete
This is total injusticeReplyDelete