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15484RE: [infoguys-list] Re: sky is falling

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  • C.I.S. Lists
    Dec 3, 2009
      12 million, a new Ford F350 King Ranch Edition with Saddle Leather Seats, a
      27 foot three stall horse trailer with apartment and tack room, whale status
      and comped suite for life, 10k in casino cash (good only at the casino for
      table games) a week for life and a ride in the casino's learjet to the World
      Poker Tour event of his choice...I can't seem to think of anything else
      right now.

      Bottom line, even if the man was huge, the construction codes take into
      account maximum load stresses and a 300 lb man should not have been able to
      disengage the arch by simply leaning on the frame. I personally believe,
      and this is NOT founded in any case law or precedent, that the hotel/casino
      does not bear responsibility because they hired a company to oversee the
      remondel and that company is responsible for all the subs.

      Did I win the all expenses paid trip for two to the casino of my choice?
      Brian K. Ingram, Owner
      Consulting Investigation Services
      Email Tracing/Internet &eBusiness Investigations
      Forensic Data Recovery,
      Catastrophic Event Investigations,
      Major Case Criminal Defense
      "Setting the New Standards in Private Investigations"
      brian@...
      www.cispi.net
      www.itraceemail.com
      Texas P.I. License A-8429
      P.O. Box 2097 Waxahachie, Texas 75168
      972-937-3938
      School Approval Number: N-204 Instructor Approval Number: I-405
      Member-American College of Forensic Examiners
      Member-Intellenet



      _____

      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of Jurydoctor@...
      Sent: Thursday, December 03, 2009 10:31 AM
      To: infoguys-list@yahoogroups.com; medical-legal-network@yahoogroups.com;
      casestrategy@yahoogroups.com; opinions-chapel@yahoogroups.com
      Subject: [infoguys-list] Re: sky is falling






      The big issue in this case is the amount of damages you would award.
      I do need your thoughts on liability as well.
      What questions and comments do you have?
      Is Bob faking? why or why not?
      How much should he be awarded.

      $10 donation to Alzheimer's for your opinions. and thanks for your time.

      The plaintiff , Bob, is a big man. weighing 300 pounds and is 6'8. He is a
      hemophiliac.

      The Hotel's bedroom archway fell on Bob's head and inner thigh while staying
      at Fufu GRandiose hotel in Vegas.

      There is a dispute about what exactly fell on Bob's head. Estimates range
      from a 40 foot piece of wood/material from the archway falling no more
      then 1 foot to a 300 lb piece of the archway falling over 2 feet.

      This dispute arises out of the fact that the defendants
      did not preserve or maintain certain evidence in the case.
      However, there are witnesses: the butler and Freddy, Bob's friend.
      Both the suite butler and Freddy testified that Bob leaned against the wall
      and the archway hit him on the head. It also hit Freddy, but he was not
      injured.


      Bob went to bed but right away but quickly realized that he was more
      seiously injured then he first thought.
      Bob was taken to the ER with neck pain, numbness in his fingers and TMJ,
      tingling in his hands and fingers and a severe headache. Although the MRI
      showed no bleed
      right after the incident, due to his hemophilia he could of had a bleed
      12-24 hours after this MRI. Bob told the nurse that when he leaned against
      the archway
      ( located in the bedroom) the top of the archway broke loose and fell. He
      did not think he lost consciousness.

      Later a 3-T MRI showed axonal shearing and dilated perivfascular spaces
      consistent with a head injury. Bob had a normal EEG

      Bob's experts will testify that Milly's Millwork carpenter Co did not place
      the adhesive properly on the doorway, causing the archway to fall.

      This is not a case of adhesive failure.Rather, the plaintiff's expert
      complains that the adhesive was not put in the proper place.
      Furthermore, Plaintiff's experts will explain that Milly did not have the
      required locks and clips to secure the archway when they installed it.
      Regardless, they are responsible for proper installation.
      However, the defense raises a dispute about a manufacturing defect in the
      archway.
      The Judge has ruled that Milly is liable because they were responsible for
      installation.
      After the incident Milly installed lock boxes on the other arches.
      No other archways have fallen in the remodels.

      This case is against the contractor and hotel regarding liability. However,
      Milly's lawyer is disputing the injuries and damages amount.

      Furthermore, both the contractor (Tilly) and Milly (subcontractor) violated
      codes, statutes and ordinances which Milly denies,
      All work needs to be inspected by the Contractor (Tilly who hired Milly) and
      subcontractor (Milly). Both are responsible for quality control.


      Fufu had an economic reason to rush the remodeling job: They charge alot of
      money for these ornate rooms. They rushed Milly
      to complete the job without caring about safety.

      Fufu is being sued for punitive damages because of their blatant disregard
      for the safety of their guests by giving Milly an unrealistic and
      unreasonably short
      amount of time to do this remodeling in order to save $ while increasing
      profits. Furthermore there advertising was false and misleading as this was
      not a quality
      suite that was safe for guests to occupy because the remodel was completed
      in a haphazard fashion and not quality work.





      Bob has suffered a severe closed head injury.
      stutters,
      sleep apnea
      seizures,
      eye problems (his left eye will occassionally become bloody and at times he
      has double vision (ghosting vision)
      mental fatigue
      sleep problems
      anxiety, changes in vision
      attention, memory and concentration problems
      stuttering,
      personality changes
      dizziness
      TMJ (jaw injury, escpecially the right side)
      headaches
      ringing in the ear
      an inability to fuction on his own,
      poor judgment
      lack of motivation to socialize
      difficulty pronouncing familar words
      head, back, jaw and neck pain.
      headaches migrainous type

      Plaintiff;s expert a Ph.D in Neurology found:
      lesions in the parietal lobe (side of head)
      damage involving fibers connecting the Occipital lobe (vision) with the
      parietal lobe consistent with diffuse moderate brain injury.

      He is a hemophiliac which means that his injuries impact his previous
      medical problems (for example he can easily have a brain bleed),
      He snores loudly and has sleep apnea. (His treating Dr. thought the apnea
      was due to his weight, but after Bob lost alot of weight he still has the
      apnea
      and now his Doc says it is due to the head trauma. He sleeps with a CPAP
      machine to regulate his sleep apnea, however he could experience
      sudden death even with the CPAP machine

      He has incurred $165K in medical expenses since the archway came crashing
      down on his head 4 years ago. ($70K of it for pain management and
      anesthesia)
      His experts say he can look forward to $4.7 million worth of medical
      expenses (reduced to present money value) in the future. Including surgeries
      (cervical fusion)
      additionally $3 Million total for Cervical Rhizotomy
      (budgeted at 160k per year)

      His lost wages are anywhere between $3.9 to 4.7 Million. He worked as an
      insurance agent, and was a real "workaholic" and was a multimillion dollar
      producer.
      . Bob's doctors' claim he can no longer work

      He is suing for 17.5 million (which includes punitive damages)
      Fufu has a gambling casino and it's net worth is not known at this point but
      is certainly astronomical..


      THE DEFENSE
      There is a dispute as to whether Bob leaned/brushed against the archway or
      slammed himself against the archway. Defendant's claim that given the size
      of Bob and whether
      he slammed against it, the archway was not designed to take that kind of G
      force.

      The big dispute in the case is how badly Bob was hurt. Defense has evidence
      that he is "exaggerating" his symptoms.
      However, his friends testify he goes off on tangents, can be prone to
      depression and can just snap, is volatile, lose his temper.
      One friend will state that she noticed a foul smell coming from his room
      where he "hid" vegetabes and did not shower for 3 days.. He can ramble and
      one time he sat at a light for 5 minutes
      waiting for the light to turn green (which it did more then 2x). He no
      longer
      drives.

      His doctor, an internist, has seen petit mal seizures while in the office
      and that his affect was "off". He will testify that he can not make
      executive decisions

      Defense doctors (based on a review of the medical records and imaging
      reports) will testify that the accident did not cause:
      a jaw injury
      a permanent brain injury (the 3-T MRI was taken more then 3 years after the
      accident)
      no derangement of the cervical spine

      the only damage that occured is what was noted by the EMT's and emergency
      room physician
      The ER doc noted tenderness of the cervical spine.
      MRI was normal. EEG was/is normal
      Glasgow coma scale was normal
      he did not lose consciousness and head trauma with no loss of consiousness
      and negative CT is indicative that the seizures were not caused by the
      accident
      neurological assessment showed no abnormalities


      There is a dispute as to whether the archway was manufactured properly.
      Defense expert will testify that Tilly, Milly and MGM complied with desighn
      plans which met
      the building codes. The plans were approved by the County

      Defense expert will testify that the adhesive will hold when put in the
      correct spot. One can not inspect for that after the wood is attached.
      Pictures of the archway show that the adhesive was placed in the wrong
      position to meet up with the substrate.
      the lock blocks were installed properly.
      The archway consisted of metal and wood pieces. The adhesive was meant to
      adhere the wood to the steel framing.
      >From the picture, he could see that there was no contact between the beads
      of adhesive and the 2 surfaces.
      There is no real way to check if the bond adhered except by fiber optic
      camera.
      The workers put adhesive on the millwork and placed it. They had no reason
      to believe it is not adhered.
      In order to check for lack of bond one does a spot check. Standing over the
      worker's shoulder while placing the adhesive is not required.




      The plaintiff , Bob, is a big man. weighing 300 pounds and is 6'8. He is a
      hemophiliac.

      The Hotel's bedroom archway fell on Bob's head and inner thigh while staying
      at Fufu GRandiose hotel in Vegas.

      There is a dispute about what exactly fell on Bob's head. Estimates range
      from a 40 foot piece of wood/material from the archway falling no more
      then 1 foot to a 300 lb piece of the archway falling over 2 feet.

      This dispute arises out of the fact that the defendants
      did not preserve or maintain certain evidence in the case.
      However, there are witnesses: the butler and Freddy, Bob's friend.
      Both the suite butler and Freddy testified that Bob leaned against the wall
      and the archway hit him on the head. It also hit Freddy, but he was not
      injured.


      Bob went to bed but right away but quickly realized that he was more
      seiously injured then he first thought.
      Bob was taken to the ER with neck pain, numbness in his fingers and TMJ,
      tingling in his hands and fingers and a severe headache. Although the MRI
      showed no bleed
      right after the incident, due to his hemophilia he could of had a bleed
      12-24 hours after this MRI. Bob told the nurse that when he leaned against
      the archway
      ( located in the bedroom) the top of the archway broke loose and fell. He
      did not think he lost consciousness.

      Later a 3-T MRI showed axonal shearing and dilated perivfascular spaces
      consistent with a head injury. Bob had a normal EEG

      Bob's experts will testify that Milly's Millwork carpenter Co did not place
      the adhesive properly on the doorway, causing the archway to fall.

      This is not a case of adhesive failure.Rather, the plaintiff's expert
      complains that the adhesive was not put in the proper place.
      Furthermore, Plaintiff's experts will explain that Milly did not have the
      required locks and clips to secure the archway when they installed it.
      Regardless, they are responsible for proper installation.
      However, the defense raises a dispute about a manufacturing defect in the
      archway.
      The Judge has ruled that Milly is liable because they were responsible for
      installation.
      After the incident Milly installed lock boxes on the other arches.
      No other archways have fallen in the remodels.

      This case is against the contractor and hotel regarding liability. However,
      Milly's lawyer is disputing the injuries and damages amount.

      Furthermore, both the contractor (Tilly) and Milly (subcontractor) violated
      codes, statutes and ordinances which Milly denies,
      All work needs to be inspected by the Contractor (Tilly who hired Milly) and
      subcontractor (Milly). Both are responsible for quality control.


      Fufu had an economic reason to rush the remodeling job: They charge alot of
      money for these ornate rooms. They rushed Milly
      to complete the job without caring about safety.

      Fufu is being sued for punitive damages because of their blatant disregard
      for the safety of their guests by giving Milly an unrealistic and
      unreasonably short
      amount of time to do this remodeling in order to save $ while increasing
      profits. Furthermore there advertising was false and misleading as this was
      not a quality
      suite that was safe for guests to occupy because the remodel was completed
      in a haphazard fashion and not quality work.





      Bob has suffered a severe closed head injury.
      stutters,
      sleep apnea
      seizures,
      eye problems (his left eye will occassionally become bloody and at times he
      has double vision (ghosting vision)
      mental fatigue
      sleep problems
      anxiety, changes in vision
      attention, memory and concentration problems
      stuttering,
      personality changes
      dizziness
      TMJ (jaw injury, escpecially the right side)
      headaches
      ringing in the ear
      an inability to fuction on his own,
      poor judgment
      lack of motivation to socialize
      difficulty pronouncing familar words
      head, back, jaw and neck pain.
      headaches migrainous type

      Plaintiff;s expert a Ph.D in Neurology found:
      lesions in the parietal lobe (side of head)
      damage involving fibers connecting the Occipital lobe (vision) with the
      parietal lobe consistent with diffuse moderate brain injury.

      He is a hemophiliac which means that his injuries impact his previous
      medical problems (for example he can easily have a brain bleed),
      He snores loudly and has sleep apnea. (His treating Dr. thought the apnea
      was due to his weight, but after Bob lost alot of weight he still has the
      apnea
      and now his Doc says it is due to the head trauma. He sleeps with a CPAP
      machine to regulate his sleep apnea, however he could experience
      sudden death even with the CPAP machine

      He has incurred $165K in medical expenses since the archway came crashing
      down on his head 4 years ago. ($70K of it for pain management and
      anesthesia)
      His experts say he can look forward to $4.7 million worth of medical
      expenses (reduced to present money value) in the future. Including surgeries
      (cervical fusion)
      additionally $3 Million total for Cervical Rhizotomy
      (budgeted at 160k per year)

      His lost wages are anywhere between $3.9 to 4.7 Million. He worked as an
      insurance agent, and was a real "workaholic" and was a multimillion dollar
      producer.
      . Bob's doctors' claim he can no longer work

      He is suing for 17.5 million (which includes punitive damages)
      Fufu has a gambling casino and it's net worth is not known at this point but
      is certainly astronomical..


      THE DEFENSE
      There is a dispute as to whether Bob leaned/brushed against the archway or
      slammed himself against the archway. Defendant's claim that given the size
      of Bob and whether
      he slammed against it, the archway was not designed to take that kind of G
      force.

      The big dispute in the case is how badly Bob was hurt. Defense has evidence
      that he is "exaggerating" his symptoms.
      However, his friends testify he goes off on tangents, can be prone to
      depression and can just snap, is volatile, lose his temper.
      One friend will state that she noticed a foul smell coming from his room
      where he "hid" vegetabes and did not shower for 3 days.. He can ramble and
      one time he sat at a light for 5 minutes
      waiting for the light to turn green (which it did more then 2x). He no
      longer
      drives.

      His doctor, an internist, has seen petit mal seizures while in the office
      and that his affect was "off". He will testify that he can not make
      executive decisions

      Defense doctors (based on a review of the medical records and imaging
      reports) will testify that the accident did not cause:
      a jaw injury
      a permanent brain injury (the 3-T MRI was taken more then 3 years after the
      accident)
      no derangement of the cervical spine

      the only damage that occured is what was noted by the EMT's and emergency
      room physician
      The ER doc noted tenderness of the cervical spine.
      MRI was normal. EEG was/is normal
      Glasgow coma scale was normal
      he did not lose consciousness and head trauma with no loss of consiousness
      and negative CT is indicative that the seizures were not caused by the
      accident
      neurological assessment showed no abnormalities


      There is a dispute as to whether the archway was manufactured properly.
      Defense expert will testify that Tilly, Milly and MGM complied with desighn
      plans which met
      the building codes. The plans were approved by the County

      Defense expert will testify that the adhesive will hold when put in the
      correct spot. One can not inspect for that after the wood is attached.
      Pictures of the archway show that the adhesive was placed in the wrong
      position to meet up with the substrate.
      the lock blocks were installed properly.
      The archway consisted of metal and wood pieces. The adhesive was meant to
      adhere the wood to the steel framing.
      >From the picture, he could see that there was no contact between the beads
      of adhesive and the 2 surfaces.
      There is no real way to check if the bond adhered except by fiber optic
      camera.
      The workers put adhesive on the millwork and placed it. They had no reason
      to believe it is not adhered.
      In order to check for lack of bond one does a spot check. Standing over the
      worker's shoulder while placing the adhesive is not required.




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