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This wasn’t a case of street racing. There was no showing off; no popping wheelies. In fact the investigation by the Clearwater Police Department indicates that it was just two friends, Harold Davis and Jason Hennis, riding southbound on Keene Road, a major north-south roadway in Pinellas County, when an out-of state driver turned left into their path. The driver then fled the scene.
According to news reports, witnesses followed the driver. The driver, Jimmy Dunn of South Carolina, was eventually stopped and arrested. Mr. Dunn was charged with 2 counts of DUI manslaughter.
People are quick to criticize motorcyclists. I have even criticized certain driving actions before (See July 3, 2008 post on Tampa Bay Injury Law Blog) such as wheelies and street racing on the bridge, but certainly the facts indicate thus far that the sole cause of this incident was the intoxicated driving of the now-defendant, Mr. Dunn. Our condolences go out to the families of all involved, certainly Harold and Jason's families, but also the loved ones of Mr. Dunn who will have to live with knowing Mr. Dunn was invovled in the death of two young people.
Although, criminal charges, and the possibility of a prison sentence, won’t bring back Harold and Jason, at least we can anticipate some form of justice being served as Mr. Dunn faces serious jail time. I don’t know what the automobile insurance requirements are for South Carolina drivers, but certainly the possibility also exists for the survivors of both deceased to bring a wrongful death claim against Mr. Dunn under the laws of the State of Florida.
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