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amputation

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  • Jurydoctor@aol.com
    This is a motor vehicle accident where Maria suffered an above the knee amputation of her left leg and three toes were amputated from her right foot. Facts:
    Message 1 of 8 , Oct 21, 2004
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      This is a motor vehicle accident where Maria
      suffered an above the knee amputation of her left leg and three toes
      were amputated from her right foot.

      Facts:
      Maria is suing both vehicles involved in the accident (vehicle driven by
      Bernie and vehicle driven by Allen). Maria was a passanger in the
      motor vehicle operated by Allen on I-10.
      Allen leased the van from Acme Leasing Company ("ALC"). There
      were about 6-10 people in the van on the way to a religous revival. They
      were followed by another van that was part of their group. The second van
      fell behind Allen's van. Allen called the second van via cell
      phone and told them they would pull off the side of the I-10 and
      wait for them. Allen pulled over about 19 feet off of the road on the
      grassy part of I 10. Passengers of Allen's van exited the
      van. As Maria exited the van, the vehicle driven by Bernie exited the
      road and collided with the Allen's van. The sliding doors of the van closed
      on Maria's leg which caused the amputations.

      Bernie states that he pulled off the road to go to the bathroom. A witness
      says Bernie never slowed down. Allen did not put on flashers or put up
      his hood to make himself visible. ALC did not provide flares, triangles,
      cones, or anything of that nature to Mr. Allen

      Issues:
      1. What is the degree of negligence of Bernie v. Maria v. Allen v. ALC?

      2. Would there be more liability on Allen if the jury knows that hundreds
      of accidents occur every year due to people illegally parking on the side of
      the road?

      3. Should Allen have put his hood up or put his flashers on?

      4. Should ALC knowing that vehicles break down on the side of the road have
      provided triangles, flares, or other type of instructions to operators of
      its vehicles stopping on the side of the road.

      5. How much at fault is Maria for getting out of a van parked on the
      side of the road?

      6 Would it have been safter for Maria to remain in the van?

      7. Is there more negligence on Allen if the accident would never happened
      if the vehicle was not put off the side of the road?

      8. Is the fact that Bernie could have fallen asleep at the wheel rather
      than pulling off create more or less liability for him?

      9. What is the percentage of fault for:
      Bernie _________%
      Maria _________%
      Allen _________%
      ALC _________%
      100%


      [Non-text portions of this message have been removed]
    • JSTONELAKE@AOL.COM
      In a message dated 10/21/2004 4:04:11 PM Eastern Daylight Time, Jurydoctor@aol.com writes: This is a motor vehicle accident where Maria suffered an above the
      Message 2 of 8 , Oct 21, 2004
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        In a message dated 10/21/2004 4:04:11 PM Eastern Daylight Time,
        Jurydoctor@... writes:


        This is a motor vehicle accident where Maria
        suffered an above the knee amputation of her left leg and three toes
        were amputated from her right foot.

        Facts:
        Maria is suing both vehicles involved in the accident (vehicle driven by
        Bernie and vehicle driven by Allen). Maria was a passanger in the
        motor vehicle operated by Allen on I-10.
        Allen leased the van from Acme Leasing Company ("ALC"). There
        were about 6-10 people in the van on the way to a religous revival. They
        were followed by another van that was part of their group. The second van
        fell behind Allen's van. Allen called the second van via cell
        phone and told them they would pull off the side of the I-10 and
        wait for them. Allen pulled over about 19 feet off of the road on the
        grassy part of I 10. Passengers of Allen's van exited the
        van. As Maria exited the van, the vehicle driven by Bernie exited the
        road and collided with the Allen's van. The sliding doors of the van closed
        on Maria's leg which caused the amputations.

        Bernie states that he pulled off the road to go to the bathroom. A witness
        says Bernie never slowed down. Allen did not put on flashers or put up
        his hood to make himself visible. ALC did not provide flares, triangles,
        cones, or anything of that nature to Mr. Allen

        Issues:
        1. What is the degree of negligence of Bernie v. Maria v. Allen v. ALC?

        2. Would there be more liability on Allen if the jury knows that hundreds
        of accidents occur every year due to people illegally parking on the side of
        the road?

        3. Should Allen have put his hood up or put his flashers on?

        4. Should ALC knowing that vehicles break down on the side of the road have
        provided triangles, flares, or other type of instructions to operators of
        its vehicles stopping on the side of the road.

        5. How much at fault is Maria for getting out of a van parked on the
        side of the road?

        6 Would it have been safter for Maria to remain in the van?

        7. Is there more negligence on Allen if the accident would never happened
        if the vehicle was not put off the side of the road?

        8. Is the fact that Bernie could have fallen asleep at the wheel rather
        than pulling off create more or less liability for him?

        9. What is the percentage of fault for:
        Bernie _ 33 1/3%
        Maria ________0%
        Allen _____33 1/3%
        ALC _____33 1/3%
        100%


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











        [Non-text portions of this message have been removed]
      • bharris_3@netzero.net
        ALLEN WAS ABOUT 10% FAULT BECOUSE HE ALLOWED PASSENGERS OUT OF THE VEH. WITHOUT BEING A EMERGANCY ON THE SIDE OF THE INTERSTATE. BERNIE IS 50% AT FAULT BECOUSE
        Message 3 of 8 , Oct 21, 2004
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          ALLEN WAS ABOUT 10% FAULT BECOUSE HE ALLOWED PASSENGERS OUT OF THE VEH. WITHOUT BEING A EMERGANCY ON THE SIDE OF THE INTERSTATE.
          BERNIE IS 50% AT FAULT BECOUSE HE RAN INTO A PARKED VEH. 19 FEET OFF THE INTERSTATE (IMPROPER CONTROL OF VEH.)
          MARIA IS 40% AT FAULT FOR GETTIG OUT OF THE VAN ON THE SIDE OF THE INTERSTATE DURING A NON EMERGANCE STOP. SHE PROBABLY WOULD HAVE BEEN INJURED IF SHE HAD STAYED INSIDE THE VEH. BUT NOT AS SERIOUS.
          ALC IS 0% AT FAULT BECOUSE THE ONLY VEHS. THAT I KNOW OF THAT ARE REQUIRED TO CARRY EMERGANCY EQUIPMENT ARE COMMERCIAL VEH. DESIGNED TO CARRY 15 OR MORE PASSENGERS.
          PERSONAL NOTE, IF THEY WERE GOING TO A RELIGIOUS MEETING AND ALL WERE PART OF THE SAME GROUP, SOMEONE NEEDS TO REMIND HER THAT THE BIBLE SAYS NOT TO CARRY OUR PROBLEMS TO THE SECULAR COURT, TO LET THE ELDERS OF THE CHURCH DO WHAT IS RIGHT, AND TAKE WHAT THE INSURANCE OFFERS HER.
          REMEMBER, THIS IS JUST A OPINION
          THANKS
          BEN HARRIS
          MS INVESTIGATORS
          bharris_3@...
        • Jurydoctor@aol.com
          In a message dated 10/22/2004 11:53:02 AM Eastern Daylight Time, infoguys-list@yahoogroups.com writes: THANKS BEN HARRIS thanks, Ben... seems as though
          Message 4 of 8 , Oct 22, 2004
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            In a message dated 10/22/2004 11:53:02 AM Eastern Daylight Time,
            infoguys-list@yahoogroups.com writes:
            THANKS
            BEN HARRIS
            thanks, Ben...
            seems as though everyone who has responded feels as you do.
            amy


            [Non-text portions of this message have been removed]
          • A Grudko
            ... From: Jurydoctor@aol.com [mailto:Jurydoctor@aol.com] ... were about 6-10 people in the van on the way to a religous revival. What is the percentage
            Message 5 of 8 , Oct 22, 2004
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              -----Original Message-----
              From: Jurydoctor@... [mailto:Jurydoctor@...]

              > There
              were about 6-10 people in the van on the way to a religous revival.
              <snip>
              What is the percentage of fault for:
              Bernie _________%
              Maria _________%
              Allen _________%
              ALC _________%


              None of the above.

              As they were on their way to a religious revival, the accident was
              obviously 'God's Will' (also known as the 'GW Bush vs. The People Of Iraq'
              defence).

              <grin>

              Incidentally, I lost my left arm in a car crash in 1998. An oncoming car
              overtook a minibus on a blind rise, crossing a double solid white line (NO
              overtaking) and I swerved to avoid a head-on, rolled the car and lost my
              arm. No one stopped.

              My insurance co. paid me US$ 4000 for the arm....

              Our government 'third party' insurance ruled that as I did not hit anyone
              else (a 'third party'), I had no claim (if I had hit the oncoming car I
              could have received about $1M).

              Andy Grudko (British), DPM, Grad IS (South Africa)
              MIS/Grudko Associates, Est. 1981. PSIRA reg. No. 8642
              www.grudko.com , agrudko@...
              Pretoria HO (+27 12) 244 0255 - 244 0256 (Fax) Branches:
              Sandton (+27 11) 465 9673 - 465 1487 (Fax)
              Johannesburg (+27 11) 781 7206 - 781 7207(Fax)
              Mid Rand (+27 11) 318 1451 - 318 6846(Fax)
              Cellular (+27) 82 778 6355 - ICQ 146498943
              SACI(Pres) SASA, IPA, WAD, CALI, UKPIN, IWWA.
              "When you need it done right - first time"



              ---
              Outgoing mail is certified Virus Free.
              Checked by AVG anti-virus system (http://www.grisoft.com).
              Version: 6.0.764 / Virus Database: 511 - Release Date: 2004/09/15


              [Non-text portions of this message have been removed]
            • IanC
              ... Damn that sucks..... If you had swerved the other way and hit the minibus with maybe 12 kids inside and the oncoming car kept going,, it sounds as if you
              Message 6 of 8 , Oct 22, 2004
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                > From: A Grudko [mailto:agrudko@...]
                > Incidentally, I lost my left arm in a car crash in 1998. An
                > oncoming car overtook a minibus on a blind rise, crossing a
                > double solid white line (NO
                > overtaking) and I swerved to avoid a head-on, rolled the car
                > and lost my arm. No one stopped.
                >
                > My insurance co. paid me US$ 4000 for the arm....
                >
                > Our government 'third party' insurance ruled that as I did
                > not hit anyone else (a 'third party'), I had no claim (if I
                > had hit the oncoming car I could have received about $1M).



                Damn that sucks.....
                If you had swerved the other way and hit the minibus with maybe 12 kids
                inside and the oncoming car kept going,, it sounds as if you would have been
                sued.

                You definitely made the right decision at that precise moment in time.

                Hindsight sucks too of course.....



                Best Regards - Ian
                (My 127.0.0.1 is secure)
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              • Jurydoctor@aol.com
                Hi andy, Wow, what a story!! Because you swerved, you weren t able to collect.. what is the logic with that? amy In a message dated 10/23/2004 11:28:32 AM
                Message 7 of 8 , Oct 23, 2004
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                  Hi andy,
                  Wow, what a story!!

                  Because you swerved, you weren't able to collect.. what is the logic with
                  that?
                  amy

                  In a message dated 10/23/2004 11:28:32 AM Eastern Daylight Time,
                  infoguys-list@yahoogroups.com writes:

                  > There
                  were about 6-10 people in the van on the way to a religous revival.
                  <snip>
                  What is the percentage of fault for:
                  Bernie _________%
                  Maria _________%
                  Allen _________%
                  ALC _________%


                  None of the above.

                  As they were on their way to a religious revival, the accident was
                  obviously 'God's Will' (also known as the 'GW Bush vs. The People Of Iraq'
                  defence).

                  <grin>

                  Incidentally, I lost my left arm in a car crash in 1998. An oncoming car
                  overtook a minibus on a blind rise, crossing a double solid white line (NO
                  overtaking) and I swerved to avoid a head-on, rolled the car and lost my
                  arm. No one stopped.

                  My insurance co. paid me US$ 4000 for the arm....

                  Our government 'third party' insurance ruled that as I did not hit anyone
                  else (a 'third party'), I had no claim (if I had hit the oncoming car I
                  could have received about $1M).


                  [Non-text portions of this message have been removed]
                • A Grudko
                  ... From: Jurydoctor@aol.com [mailto:Jurydoctor@aol.com] ... with that? We have a national third party insurance system which is funded by a petrol tax. All
                  Message 8 of 8 , Oct 25, 2004
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                    -----Original Message-----
                    From: Jurydoctor@... [mailto:Jurydoctor@...]

                    > Because you swerved, you weren't able to collect.. what is the logic
                    with
                    that?

                    We have a national third party insurance system which is funded by a
                    petrol tax. All legal motorists are covered by it, even those who have no
                    private insurance. As a result some poorer people stage accidents and put in
                    claims as a form of income.

                    The result is that if there was no third party that you could prove was
                    involved, they don't pay out. Had I hit the other car, or had he stopped, I
                    could have claimed.

                    Andy Grudko (British), DPM, Grad IS (South Africa)
                    MIS/Grudko Associates, Est. 1981. PSIRA reg. No. 8642
                    www.grudko.com , agrudko@...
                    Pretoria HO (+27 12) 244 0255 - 244 0256 (Fax) Branches:
                    Sandton (+27 11) 465 9673 - 465 1487 (Fax)
                    Johannesburg (+27 11) 781 7206 - 781 7207(Fax)
                    Mid Rand (+27 11) 318 1451 - 318 6846(Fax)
                    Cellular (+27) 82 778 6355 - ICQ 146498943
                    SACI(Pres) SASA, IPA, WAD, CALI, UKPIN, IWWA.
                    "When you need it done right - first time"



                    ---
                    Outgoing mail is certified Virus Free.
                    Checked by AVG anti-virus system (http://www.grisoft.com).
                    Version: 6.0.764 / Virus Database: 511 - Release Date: 2004/09/15


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