DAUGHTER OF HERMES says

Well as my screen name appears I am the daughter of Mr. Michael Hermes and very proud that he is my "Father" and the "Papa" to my two amazing daughters and the "Father In Law" to my husband.  I am going to try and be very nice and respectful when replying to you OO7 but I am going to warn you that I am not sure how long it will last.  First off who are you, stop hiding behind all your post and just let the world know who you are because all your information is for the most part incorrect that you post on here.  My parents house is not listed for sale, and NO they have not received any bad news from Mr. Troy Wisehart.  The only other thing that I ask of you is to please STOP posting all your bad comments, maybe someday you will understand how this affects people if you ever go through something bad.......things happen for a reason and the only person that controls that is the LORD.......my family will get through this no matter what because we are STRONG!  Please everyone just STOP all the comments and just PRAY becuase that is the strongest thing anyone can do for our family.  We would not wish this on anyone. 

007 says

Here's a news flash, Mike Hermes has just listed his home FOR SALE. He must have received some bad information from his attorney Troy Wisehart.

Just a Girl says

Just a thought...if Mr. Hermes was so concerned about the condition of the "under construction, hazardous" Patten Tract Rd, perhaps he should have chosen an alternate route? And remained sober? Oops, that's 2 thoughts.

iamrevolutionary says

 @ RD2;     You are very misinformed! To put it politely!  And whatever your issue is with bartenders, you need to get therapy!  If I were bartending, I would be very wary of you....

On the contrary, bartenders KNOW the laws.  They also KNOW that they can not get inside the head or wallet of the drinker. They can not POSSIBLY know a person has met their limit, unless, of course, they fall off the bar stool or some other similar exhibition!!! 

As far as car insurance, WHAAA?!!?!  Crawl back into your cave, you have issues...

big_d says

frizzlefrap says

should have tested tractor ..... might have had ethyl .... not methyl! 

Apple pie flavored ethyl, LOL

PHS Guy says

Anybody in Perkins township should know better than to get in anything a Hermes is driving, because I can guarantee you they've been drinking. Sad, but true.

RD2 says

Actully you know who is legally responsible, The Bartender!  There is a law that a Bartender can not serve someone who become intoxicated and they get into an accident they are responsible.  Nobody knows this law.  Bartenders think there above everybody, Ive seen them in Sandusky serve highly intoxicated people many many many times.  There is know one watching over them, they just think they are so cool serving drinks its pathetic. Bartenders can get Car Insurance, and have to lie to get insurance, Insurance Co. refuse to give Car Insurance to a Bartender.  Hermes can sue the Bartender for every Quarter nickel, dime, penny & dollar they have.  Go to any Bar in Sandusky, it happens every single day.  There are people who drink all day long morning, noon & night.  Its a hoot&nannie. You are allowed 2 drinks per hour, I believe, or as long as your level is below the limit, and I dont know for people who are not driving, they are not allowed to be drunk just because they are not driving.  Its called public itoxification.  So they who were in the ride, were drunk and could also be liable for being drunk.  The Bartender should not be able to get away with this. I know there are the same bartenders who float around these bars and they are very arogent, and they have no regards to anybody drinking to much!  If Hermes was at the Bar, and being served by The Bartendar, he then has a case.  

wiredmama222 says

When you take ANYONE for a ride in or on a MOTORIZED anything on a public road, YOU are considered to be responsible for the safety of the people for whom you are driving.  It makes no difference if your passengers were drunk or sober.  They were NOT in CONTROL of the motorized vehicle, YOU were.  If you were drinking, you put your passengers at risk.

If, during the course of your drinking and driving, you cause an accident or cause bodily harm because of your drunken driving YOU and only YOU are responsible, not the passengers, not the  by-standers. 

The people who served you intoxicating drinks can be held responsible if they knew you were driving and continued to serve you alcohol and knew you were driving.  That is the law. (every bartender knows that one).

So it is not the fault of the people on that ride...it is the driver who is going to take the hit on this one: nice guy or not, he is totally responsible for the accident. 

Unlike some of the comments on here, he won't "skate" through this one.  He can't. 

I won't be surprised when his insurance doesn't cover the bill either, he was using the wagons for a purpose for which they were not intended:  therefore not insurable. Which raises the question who does pay for it when the insurance won't.  I hope he has car insurance or perhaps homeowners, but don't hold your breath.   

This man is in a world of hurt. Drunk driving is a serious offense in ANY state.  I feel badly for him. A night of fun turned into a disaster.  But no matter what, he will ultimately have to pay the price for it.  It is sad. 

Local Resident says

Mr. Hermes is at fault-it was his responsibility to be of sound mind and body when transporting these people for the hayride.  But c'mon....did anyone read her complaint???  Just seems like she jumped on the lawyers "Hayride" for some cash...

Julie R. says

If the people on the hayride knew Mr. Hermes was drinking --- and was even buying him drinks as somebody said ---- then they sure were stupid beyond belief. Nevertheless, what somebody said is true. If somebody that has been drinking calls a taxi and the taxi driver crashes because he's been drinking, too, the blame sure wouldn't be with the passenger. Sorry to say it, but I don't think Mr. Hermes stands a chance. I say sorry because the bottom-feeder lawyers are going to make some money off of this one for sure.

frizzlefrap says

should have came to sandusky and busted some pumpkins, and soaped some windows!

Just Thinkin says

LOL  ,Who cares, night night little ones, I gots a life ta live see ya'll later , But the drunks still have no rights, @ 007 still luv ya baby, your easy to upset LOL had fun later

goofus says

By going on a cruise whether it's the Goodtime or an ocean cruise you are paying for the cruise line to take you there and back reasonably safe. Did Mr. Hermes charge for the hayride? That whoosh sound you heard after the hayride was the ambulance chasing trial lawyers rushing to the scene.

frizzlefrap says

should have tested tractor ..... might have had ethyl .... not methyl!

frizzlefrap says

"i need a drink ..... say that again, 007?

DickTracey says

What is so lame, Goofus? 

Both men had passengers trusting them to get them safely from one location to another, while they were drinking and partying?

I made no reference in comparing a farmer to a crusie ship captain. Just that both men had a moral and legal, obligation to stay sober and trustworthy, since peoples lives were in their hands.

goofus says

Pretty Lame analogy there Dick! Schettino and Hermes entirely different scenario there Dick!

R U Kidding me says

so let me get this right if I am intoxicated and call a taxi driver and he shows up drunk and I don't relize he is I am at fault for getting in the car with him. wow

DickTracey says

@ Just Thinkin, so what your saying would be true for the passengers of the Costa Concordia cruise ship, right?

Because I can bet that most of them were definately drinking, and they put their trust in the cruise lines, the Captain and crew to get them from point A to point B safely, while they all drank. Going with your justifications, then it is too bad those people were killed and injured, because they were drinking. (By teh way, not all people drinking are stupid drunks.)

When I purchase a ticket for the Goodtime cruise to Kelly's island, I assume that the boat is safe and that the Captain and crew will get me to the island safely. I also have no clue what the captain looks like and if he stayed on the island and did shots, or if he had an open conatiner or was drinking while operating the vessel.

If I leave a bar at midnight and do the rsponsible thing and hire a taxi, and he crashes because he has been drinking, unbeknownst to me, are you saying that I am an idiot, and it is my fault? The only reason I got hurt is because I was "drunk"?

So the guests of the Costa Concordia did not take their safety into their own hands, and were stupid drunken idiots, and too bad they were hurt or died? 

You obviously jump on these stories every time, in an attempt, to defend the driver, and throw blame, insult and criticize the innocent passengers.

I am hear to tell you, that you are doing more damage than good, to the defendants, and your immature comments are making us, THE JURY POOL, very angry.

eightballcuet1 says

It's all about the money. I seem to recall in stories and posts from when this happened that not only did the passengers know that Mr Hermes was drinking, they were also buying him drinks.

007 says

@

Just Thinkin says

@ 007, YEP and I am sober LOL, If you can not take your own safety in your hands, then you are a poor excuse for a person, dont whine and cry because your an idot, well later got better things to do than fish for morons today, looks like I caught a keeper just over the legal limit of 007 LOL.

Trying to make sense of your inability to spell and make a logical statement. By your remedial statement, it leads me to believe that you are either part of the clan or are one of the rednecks that frequent the Mason Jar.

007 says

nobodycares says

i will bet they were all having the time of there life ,drinking ,laughing ,etc. oh, but then something happens so . sue sue sue ..............they got in the wagon on there own so deal with it...................none of them should get a dime they were all stupid if they knew he was "drunk"................wahhhhhhhhhhhhhh

sanduskysteve says

007 is the only one that actually gets it in this case.  Are you guys honestly trying to say that if you call for a cab to get a ride home after drinking at a bar and that taxi driver had been drinking and has an accident injuring you - that you should be unable to sue because you were drinking prior to the ride????

The driver bares complete responsibility for this and no one else.  To remove the ability to sue in a case like this will open doors everywhere for illegal activity.  The driver is lucky he wasn't charged for a whole lot more violations of the law which he committed.

As a matter of fact, if anything - the driver maybe should have been responsible for transporting all of those drunks then, knowing they were drinking prior to the ride even.

You guys would be complaining just the opposite if you were on that ride and got injured.  Trust me on that.

And finally - Obama didn't have a thing to do with this hayride - he wasn't even in the state when this happened - that's nothing more than dragging him into everything that happens that's bad - but you never hear his name involved with anything good that happens - and if you do, it will be turned around to be bad anyway.

Just Thinkin says

@ 007, YEP and I am sober LOL, If you can not take your own safety in your hands, then you are a poor excuse for a person, dont whine and cry because your an idot, well  later got better things to do than fish for morons today, looks like I  caught  a keeper just over the legal limit  of 007 LOL

sash says

@ Mum-of-One- I'm not sure how you could possibly get contributory negligence on any of the riders unless the defense can prove the riders knew who the driver was and knew that he had been drinking. If you and your friends are out drinking and you get in the car with them, then you would share in the responsibility; not because you had been drinking, but because you knowingly got into the car with a drunk driver.However, if you are out drinking and call for a cab( whose driver had been drinking) which then wrecks, you share no responsibility for the wreck. The cab driver is completely responsible and the passenger's sobriety has no bearing on the case. The question is whether the passenger had a resonable expectation or belief that the driver was safe/sober to drive.

Ehovemom says

I can't believe that the passengers were unaware of the drinking done by the driver. Anyone who signed up for this hillbilly beer run had to be crazy. I do believe the Mason Jar should be liable for medical and that the driver should face criminal charges. However, passengers surely should have been tested for public intoxication and, as a jurer, I would have to assign some liability to the plantiffs for their own actions. 

007 says

@ Just Thinkin:

Are you serious? Michael Hermes was DRUNK, PERIOD. The Hermes family own the very bar (Mason Jar) that most of the passengers were drinking at prior to the hay ride. You fail to put any fault on Michael, the driver of the tractor for being intoxicated while driving these people around. The passengers on the haywagon are no different that a group of people renting a bus and going to an NFL football game. They serve booze on the bus and the passengers are allowed to drink, BUT NOT THE DRIVER. Hermes crossed that line when he offered to drive the hay ride while intoxicated. I still say that when all the information comes out, you will see that Hermes's insurance won't have to pay a red cent, since the wagons are not designed for passengers, no restraints, and said equipment is insured for farm use, not transporting people on a roadway.

goofus says

Just Thinkin, how dare you call for people to be aware of their own safety in Comrade Obozo's Nanny State LOL!!!!!!

Lawsuits are the american get rich scheme to be a 1% er !!!!

SMF1 says

Does anyone else find it funny that the plaintiff of an alcohol-related lawsuit is from Temperance?  :)

Mum-of-One says

Any compensation awarded will be reduced because of contributory negligence on the part of those claiming compensation.  It is a free country and you can drink and have a good time. It is however wrong to drink,  then haul people around on a wagon while drunk, and over the legal limit.  When you offer a hay ride to the general public there is a responsibility to make sure the driver is not drunk. 

Just Thinkin says

What loser's,What should have happened was evreyone on that wagon needed to be tested for drinking, and all that were drunk shoud have been charged with public drunkeness and excluded from any legal comp. !! the other's should be charged with stupidiy If the driver was weaving THEY should have demanded he stop .People need to be aware of thier own safety .