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  • Jurydoctor@aol.com
    ) Carl violated company policy and brought the harm on himself. 2) How can you fail to yield right of way to pedestrians when you do not know there are any
    Message 1 of 1 , Dec 27, 2009
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      ) Carl violated company policy and brought the harm on himself.

      2) How can you fail to yield right of way to pedestrians when you do not
      know there are any pedestrians?

      the argument is he shoulde have known





      3) Is there any rule in place that Frank was obligated to stop at the
      current before proceeding? Is it an unwritten rule or is there a sign posted?


      yes and it is written


      Or does common sense come into play?

      always

      4) How can anyone say that Frank would not have hit Carl even if he
      stopped at the curtain? Psychic?

      Frank admitted it in his depo

      Carl sounds like a sniveling woos to me. How dare he say that he cannot
      work and why in God's holy name would he require 4 to 8 hours of assistance
      daily? Go tell that to the many wounded amputees coming back from Iraq and
      Afghanistan. Go tell that to all of the children who run and play on
      prosthetics. The poor little baby fell and injured his shoulder. So what?

      Carl should not have been there in the first place so I assign 90% fault to
      him for contributory negligence.

      If Frank truly violated safety rules I would assign him 10% fault.

      Why would you be asking if Frank should be awarded anything?



      Arbitrators want to know





      Unless the Cargo R Us employees were deaf, dumb and blind, the potential
      consequences should have been very, very obvious even to the dumbest of
      dimwits assuming they all had knowledge of forklifts in use.

      I suggest someone remind Carl that Tom Dempsey still holds the record for a
      63-yard field goal he kicked in the final two seconds of a game to give
      the New Orleans Saints a 19–17 win over the Detroit Lions back on November 8,
      1970. It was riveting to watch. Tom Dempsey didn't have a right hand
      either as well as having a withered right arm. These were birth defects.
      And, he's been continuously employed as a service manager outside of New
      Orleans interrupted only by hurricane Katrina.

      Tell Carl to get a life and grow up !!






      3) Is there any rule in place that Frank was obligated to stop at the
      current before proceeding? Is it an unwritten rule or is there a sign posted?


      yes and it is written


      Or does common sense come into play?

      always

      4) How can anyone say that Frank would not have hit Carl even if he
      stopped at the curtain? Psychic?

      Frank admitted it in his depo

      Carl sounds like a sniveling woos to me. How dare he say that he cannot
      work and why in God's holy name would he require 4 to 8 hours of assistance
      daily? Go tell that to the many wounded amputees coming back from Iraq and
      Afghanistan. Go tell that to all of the children who run and play on
      prosthetics. The poor little baby fell and injured his shoulder. So what?

      Carl should not have been there in the first place so I assign 90% fault to
      him for contributory negligence.

      If Frank truly violated safety rules I would assign him 10% fault.

      Why would you be asking if Frank should be awarded anything?



      Arbitrators want to know





      Unless the Cargo R Us employees were deaf, dumb and blind, the potential
      consequences should have been very, very obvious even to the dumbest of
      dimwits assuming they all had knowledge of forklifts in use.

      I suggest someone remind Carl that Tom Dempsey still holds the record for a
      63-yard field goal he kicked in the final two seconds of a game to give
      the New Orleans Saints a 19–17 win over the Detroit Lions back on November 8,
      1970. It was riveting to watch. Tom Dempsey didn't have a right hand
      either as well as having a withered right arm. These were birth defects.
      And, he's been continuously employed as a service manager outside of New
      Orleans interrupted only by hurricane Katrina.

      Tell Carl to get a life and grow up !!





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