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how would you defend this case?

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  • Jurydoctor@aol.com
    Now is your chance to play Perry Mason.. How would you defend this case? thanks, amy Mark Smith was driving home from his job at the mental health ward of the
    Message 1 of 6 , Apr 9, 2004
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      Now is your chance to play Perry Mason.. How would you defend this case?
      thanks,
      amy



      Mark Smith was driving home from his job at the mental health ward of the
      Hospital at 11:30 p.m. at night. He had laser eye surgery on one eye the day
      before the crash. The eye surgery only required a dilation of one eye and did
      not affect his ability to drive the day of the crash. Mr. Smith came to a stop
      sign stopped, and looked both ways to turn left onto a 4 lane road.

      Mr. Smith pulls out from the stop sign, never seeing the car going 90 mph*,
      and is T-boned, almost cutting his car in half. He suffers a fractured neck
      and is a quadriplegic with only limited used of his arms. He will never walk
      again and has spent everyday since the crash in a hospital or nursing home.The
      car going 90 MPH (on the 35 mph 4 lane road,) was driven by 23 year old Bob,
      who was legally drunk. Witnesses say Bob was driving without headlights. Bob
      says he saw Mr. Smith pulling out in front of him from the stop sign and
      flashed his lights at Mr. Smith and hit the brakes.

      * the 90 MPH car ( 35 mph 4 lane road ) driven by 23 year Bob old was
      legally drunk. Witnesses say Bob was driving without headlights. Bob says he
      saw Mr. Smith pulling out in front of him from the stop sign and flashed his
      lights at Mr. Smith and hit the brakes.


      [Non-text portions of this message have been removed]
    • Will Ray
      Defending Bob will be a problem. Only thing I see is the fact that Mr. Smith was driving with possible impaired vision. I believe the eye surgeons suggest no
      Message 2 of 6 , Apr 9, 2004
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        Defending Bob will be a problem.
        Only thing I see is the fact that Mr. Smith was driving with possible
        impaired vision. I believe the eye surgeons suggest no driving for at least
        24 hours AND BEFORE DRIVING have the follow up eye check-up day after
        surgery, these things don't always turn out correctly. And have an eye
        surgeon who is an expert on this laser surgery testify.

        Defending Mr. Smith, with all your witness statements, should be no problem.
        And the police records indicating Bob was driving under the influence. Speed
        estimate, etc.

        Will



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        ----- Original Message -----
        From: <Jurydoctor@...>
        To: <undisclosed-recipients:>
        Sent: Friday, April 09, 2004 8:00 PM
        Subject: [infoguys-list] how would you defend this case?


        Now is your chance to play Perry Mason.. How would you defend this case?
        thanks,
        amy



        Mark Smith was driving home from his job at the mental health ward of the
        Hospital at 11:30 p.m. at night. He had laser eye surgery on one eye the
        day
        before the crash. The eye surgery only required a dilation of one eye and
        did
        not affect his ability to drive the day of the crash. Mr. Smith came to a
        stop
        sign stopped, and looked both ways to turn left onto a 4 lane road.

        Mr. Smith pulls out from the stop sign, never seeing the car going 90 mph*,
        and is T-boned, almost cutting his car in half. He suffers a fractured neck
        and is a quadriplegic with only limited used of his arms. He will never
        walk
        again and has spent everyday since the crash in a hospital or nursing
        home.The
        car going 90 MPH (on the 35 mph 4 lane road,) was driven by 23 year old
        Bob,
        who was legally drunk. Witnesses say Bob was driving without headlights.
        Bob
        says he saw Mr. Smith pulling out in front of him from the stop sign and
        flashed his lights at Mr. Smith and hit the brakes.

        * the 90 MPH car ( 35 mph 4 lane road ) driven by 23 year Bob old was
        legally drunk. Witnesses say Bob was driving without headlights. Bob says
        he
        saw Mr. Smith pulling out in front of him from the stop sign and flashed his
        lights at Mr. Smith and hit the brakes.


        [Non-text portions of this message have been removed]





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      • Rus B. Robison
        Amy, There are experts who may be able to tell if the headlights were on at the time of the collision, if the evidence was not totally destroyed. If the
        Message 3 of 6 , Apr 9, 2004
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          Amy,

          There are experts who may be able to tell if the headlights were on at the
          time of the collision, if the evidence was not totally destroyed. If the
          headlights are proven to have not been on, "Bob" is at fault, assuming the
          lack of sufficient other ambient lighting conditions to illuminate his
          vehicle. One cannot yield to something they cannot see.

          If the lights were on, then there is about a 50/50 fault indicated. Perhaps
          "Mark" is a little more than 50% negligent. You NEVER pull away from a stop
          sign or enter a roadway until you are 100% certain that it can be done
          safely. Unfortunately, the 90 MPH is not a factor unless he came around a
          curve that caused a poor sight triangle and Mark had no opportunity to see
          him and react in time.

          The lack of complete information in these cases makes it very difficult to
          give legitimate opinions on occasion. Without the totality of all
          circumstances, opinions will really do you no good anyway.

          Just my humble opinion of opinions based on 33 years of putting these cases
          together for plaintiffs and taking them apart for defendants.

          With best regards, I remain...

          Very truly yours,
          THE ROBISON COMPANIES, LLC
          PRIVATE INVESTIGATORS

          Rus B. Robison

          THE ROBISON COMPANIES, LLC
          Private Investigators
          Post Office Box 720560
          Oklahoma City, Oklahoma 73172-0560
          (405) 721-2295 Voice
          (877) 721-2295 Toll-Free

          rbr@...

          Oklahoma's FIRST State Licensed Private Investigation Agency.

          Serving all of Oklahoma and the great Southwest since 1972.





          -----Original Message-----
          From: Jurydoctor@... [mailto:Jurydoctor@...]
          Sent: Friday, April 09, 2004 10:00 PM
          To: undisclosed-recipients:
          Subject: [infoguys-list] how would you defend this case?


          Now is your chance to play Perry Mason.. How would you defend this case?
          thanks,
          amy



          Mark Smith was driving home from his job at the mental health ward of the
          Hospital at 11:30 p.m. at night. He had laser eye surgery on one eye the
          day
          before the crash. The eye surgery only required a dilation of one eye and
          did
          not affect his ability to drive the day of the crash. Mr. Smith came to a
          stop
          sign stopped, and looked both ways to turn left onto a 4 lane road.

          Mr. Smith pulls out from the stop sign, never seeing the car going 90 mph*,
          and is T-boned, almost cutting his car in half. He suffers a fractured neck
          and is a quadriplegic with only limited used of his arms. He will never
          walk
          again and has spent everyday since the crash in a hospital or nursing
          home.The
          car going 90 MPH (on the 35 mph 4 lane road,) was driven by 23 year old
          Bob,
          who was legally drunk. Witnesses say Bob was driving without headlights.
          Bob
          says he saw Mr. Smith pulling out in front of him from the stop sign and
          flashed his lights at Mr. Smith and hit the brakes.

          * the 90 MPH car ( 35 mph 4 lane road ) driven by 23 year Bob old was
          legally drunk. Witnesses say Bob was driving without headlights. Bob says
          he
          saw Mr. Smith pulling out in front of him from the stop sign and flashed his
          lights at Mr. Smith and hit the brakes.


          [Non-text portions of this message have been removed]




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          [Non-text portions of this message have been removed]
        • Condor
          Funny......That very same or similar incident happened to me back in 1995.(Night time at 9:30 P.M. clear visibility) A Laotian male driving a raised full
          Message 4 of 6 , Apr 9, 2004
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            Funny......That very same or "similar" incident happened to me back in
            1995.(Night time at 9:30 P.M. clear visibility)

            A Laotian male driving a raised full sized pick up truck (Ford or Chevy)with
            a crash bar and oversized tires & wheels at about the same speed with his
            lights off approaching an intersection rammed into me broadside or "T" boned
            me and my Toyota Cressida and left me with 4 broken ribs and the associated
            bruising and trauma. I am 6'3" and 200 plus pounds and was able to walk
            away. Slower the next day when the pain caught up.

            I was coming from a parked possession in a parking lot and my car was dark
            blue. The other vehicle was driving over 90 MPH and had his lights off. I
            still missed him even though I looked both ways TWICE. I saw him hit me the
            fourth time I looked.

            I was lucky I didn't get a punctured lung or heart or worse. God must have
            some special needs for me as I am doing now.

            I thought it was associated with "Death Threats" I was getting from possible
            Customs agency "goofs" I was exposing when I was with U.S. Customs till
            1998.

            I am sorry the other fellow didn't come out too good.

            My medical costs were about $20,000 and all were paid, plus a slight
            settlement for the loss of my totaled vehicle. (Not much) No damages. I went
            back to work 3 days later in pain. I slept on the couch on my right side for
            about 9 months before finally sleeping on a hard bed.

            "Bob" was traveling too fast to be seen for the street conditions or safety
            in the area. He sounds like he is lying. Either way Bob is wrong, unless
            there are other details.(Again I am relating to my accident)

            Call or contact me if you want to discuss further details.

            John Carman-San Diego
            www.carmaninvestigations.com
            P.O. BOX 3811
            La Mesa, Ca. 91944
            Pager: (619)601-9250
            john@...





            ----- Original Message -----
            From: <Jurydoctor@...>
            To: <undisclosed-recipients:>
            Sent: Friday, April 09, 2004 8:00 PM
            Subject: [infoguys-list] how would you defend this case?


            > Now is your chance to play Perry Mason.. How would you defend this case?
            > thanks,
            > amy
            >
            >
            >
            > Mark Smith was driving home from his job at the mental health ward of the
            > Hospital at 11:30 p.m. at night. He had laser eye surgery on one eye the
            day
            > before the crash. The eye surgery only required a dilation of one eye and
            did
            > not affect his ability to drive the day of the crash. Mr. Smith came to a
            stop
            > sign stopped, and looked both ways to turn left onto a 4 lane road.
            >
            > Mr. Smith pulls out from the stop sign, never seeing the car going 90
            mph*,
            > and is T-boned, almost cutting his car in half. He suffers a fractured
            neck
            > and is a quadriplegic with only limited used of his arms. He will never
            walk
            > again and has spent everyday since the crash in a hospital or nursing
            home.The
            > car going 90 MPH (on the 35 mph 4 lane road,) was driven by 23 year old
            Bob,
            > who was legally drunk. Witnesses say Bob was driving without headlights.
            Bob
            > says he saw Mr. Smith pulling out in front of him from the stop sign and
            > flashed his lights at Mr. Smith and hit the brakes.
            >
            > * the 90 MPH car ( 35 mph 4 lane road ) driven by 23 year Bob old
            was
            > legally drunk. Witnesses say Bob was driving without headlights. Bob
            says he
            > saw Mr. Smith pulling out in front of him from the stop sign and flashed
            his
            > lights at Mr. Smith and hit the brakes.
            >
          • Ettisch-EnchelmaierGmbH2@t-online.de
            Hi! 4/10/2004 As already expressed by a colleague: A judge will most likely ALSO make your client at least 25% liable, why? In his
            Message 5 of 6 , Apr 10, 2004
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              Hi! 4/10/2004

              As already expressed by a colleague:

              A judge will most likely ALSO make your client at least 25%
              liable, why? In his condition he was not safe to drive a car,
              even if he were not under medication influence. He still was
              weak (even if he declines it) AND he is not used to drive
              with impaired vision (one eye). In some countries he would not
              get a driver's license. Sorry.

              Happy Easter from Germany
              http://ettisch.euro-detectives.org
              M. Ettisch-Enchelmaier, B.A., President, CEO
              Ettisch-Enchelmaier GmbH SINCE 19-SEVENTY-TWO
              Bodelschwinghstr. 9/67246 Dirmstein/Germany
              Tel. (+49 6238)989 098
              Fax. (+49 6238)989099 + (+49 6238)1313
            • Marvin Woodworth
              Amy, which person are you defending, bob or Smith.. there is case for against both, but would rather defend Smith.. Smith, if he feels he was impaired or was
              Message 6 of 6 , Apr 11, 2004
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                Amy, which person are you defending, bob or Smith..
                there is case for against both, but would rather
                defend Smith.. Smith, if he feels he was impaired or
                was taking any meds or how long did he work before the
                accident... mentally tired, failure to yield right of
                way, the doctor possible, maybe for not discussing the
                side effects.. then Smith.. failure to control his
                vehicle to avoid an accident, last chance law, dui,
                excessive speed, then there is victims restitution and
                so on....
                Marvin Woodworth
                Investigation Services
                --- Jurydoctor@... wrote:
                > Now is your chance to play Perry Mason.. How would
                > you defend this case?
                > thanks,
                > amy
                >
                >
                >
                > Mark Smith was driving home from his job at the
                > mental health ward of the
                > Hospital at 11:30 p.m. at night. He had laser eye
                > surgery on one eye the day
                > before the crash. The eye surgery only required a
                > dilation of one eye and did
                > not affect his ability to drive the day of the
                > crash. Mr. Smith came to a stop
                > sign stopped, and looked both ways to turn left onto
                > a 4 lane road.
                >
                > Mr. Smith pulls out from the stop sign, never seeing
                > the car going 90 mph*,
                > and is T-boned, almost cutting his car in half. He
                > suffers a fractured neck
                > and is a quadriplegic with only limited used of his
                > arms. He will never walk
                > again and has spent everyday since the crash in a
                > hospital or nursing home.The
                > car going 90 MPH (on the 35 mph 4 lane road,) was
                > driven by 23 year old Bob,
                > who was legally drunk. Witnesses say Bob was
                > driving without headlights. Bob
                > says he saw Mr. Smith pulling out in front of him
                > from the stop sign and
                > flashed his lights at Mr. Smith and hit the brakes.
                >
                > * the 90 MPH car ( 35 mph 4 lane road ) driven by
                > 23 year Bob old was
                > legally drunk. Witnesses say Bob was driving
                > without headlights. Bob says he
                > saw Mr. Smith pulling out in front of him from the
                > stop sign and flashed his
                > lights at Mr. Smith and hit the brakes.
                >
                >
                > [Non-text portions of this message have been
                > removed]
                >
                >
                >


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