A retired Oregon farmer recently discovered that it is possible to be involved in a drunk driving lawsuit without getting behind the wheel. A Thunderbird belonging to the Lorane Valley man was taken from his home and involved in a DUI accident.

Two people hurt in the crash are suing the 91-year-old man.

Oregon State Police were notified two summers ago that the retired farmer's 1991 Thunderbird was missing. Authorities found the vehicle only after it had been involved in a drunk driving accident.

A 35-year-old man was arrested, charged and convicted for taking the Thunderbird without permission, DUI, reckless driving, reckless endangerment and assault. The Sutherlin man, an occasional employee of the farmer, was sentenced to more than two years in prison.

Two passengers hurt in the accident named the convicted drunk driver and the owner of the vehicle in a lawsuit. A 50-year-old man is seeking $1,000 for medical bills related to back, neck and body injuries and $48,000 for other damages.

A 36-year-old woman is suing the farmer and the man convicted of DUI for $20,000 to pay for treatment of recurring dizziness and pelvic, ankle and back injuries. The injury victim is also seeking an additional $125,000 in damages.

The crash victims say the 35-year-old driver was an employee of the farmer and had permission to use the elderly man's car. The farmer admitted the man drove the Thunderbird infrequently for work, but had no permission to drive the car the night of the accident. State troopers say the retired farmer reported the car stolen, not borrowed, before the accident occurred.

This is a unique case that extends beyond just a DUI conviction. While the man convicted of drunk driving is now involved in another lawsuit, the alleged DUI is at the heart of the case. While this man was convicted, not everyone accused of DUI is found guilty. To determine if someone has been driving while intoxicated, police often administer a breath test. There have been several cases in which a DUI charge was rescinded because police discovered that their Breathalyzer was not properly calibrated. Strong defenses can be built to challenge DUI charges.

Source: The Register-Guard, "Owner sued in car thief's crash," Karen McCowan, Oct. 11, 2011