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RE: [infoguys-list] who is at fault for Kyle's death

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  • Todd Wilson
    Amy, Walters and Trans company 55 percent wrong Kyle 45 percent wrong. Sorry for Kyle s Family !! T.Wilson Investigations Cooper Landing,AK.
    Message 1 of 2 , Mar 1, 2005
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      Amy,
      Walters and Trans company 55 percent wrong Kyle 45 percent wrong.

      Sorry for Kyle's Family !!
      T.Wilson Investigations
      Cooper Landing,AK.

      >From: Jurydoctor@...
      >Reply-To: infoguys-list@yahoogroups.com
      >To: undisclosed-recipients:;
      >Subject: [infoguys-list] who is at fault for Kyle's death
      >Date: Mon, 28 Feb 2005 18:37:13 EST
      >
      >
      >I need your help on this case.
      >who is at fault?
      >It is an interesting case. $5.00 donation to Schiff Liver foundation for
      >every opinion.
      >Thanks in advance,
      >amy
      >
      >
      >
      >
      >It was a sunny summer day in July of 2002 around 11:30 a.m. and Kyle was
      >heading to a park located behind the old elementary school to meet a
      >friend. The
      >old school was being used for a summer recreational program. The new
      >school
      >was being constructed behind the old school. Mr. Walter Waters was
      >making a
      >delivery to an electrical company located at the construction site.
      >However,
      >as he drove through the construction site he was unable to find the company
      >and ended up driving out of the site and onto Bren Drive, the same road on
      >which
      >Kyle was riding his bicycle on the sidewalk. Kyles mother will testify
      >that
      >Kyle had riding rules, including perimeters.
      >
      >Walter has testified at a deposition that his intention was to go to the
      >old
      >school to seek the location of the electrical company to which he was
      >making a
      >delivery. When asked why he didn���t ask those at the construction site he
      >responded that he didn���t want to bother anyone. Prior to pulling onto
      >Bren Drive
      >he recalls seeing children on the street and was aware that there were
      >children in the area. Once on Bren he decided to turn into what is a
      >school bus
      >turn-around and marked with a ���Buses Only��� sign. Plaintiff believes
      >that he was
      >turning around in order to go back to the construction site but he denies
      >this.
      >
      >The point of impact between Kyle and the truck is at the entrance of the
      >bus
      >turn around near the end sidewalk. The defense contends that Kyle rode his
      >bicycle with his head down into the rear tires of the truck. Waters
      >testified
      >that he checked his mirrors before turning, did not see Kyle and proceeded
      >to
      >turn. Kyle's skull was crushed and he died on impact. The only damage to
      >his
      >bicycle is a bent back tire. There is no damage to the front of the bike.
      >Mark and Bob were near the scene. In their depositions, they both testify
      >that they did not see the impact between the truck and bicycle. They just
      >tried
      >to put the pieces together after the fact. Mark is blind in one eye and
      >needs glasses to see out of his good eye but was not wearing them at the
      >time.
      >Bob was just hanging out drinking beer. Their depositions contradict their
      >previous statements in many regards and to list all of the inconsistencies
      >would
      >take several pages. Because of this, they are not credible and reliable
      >witnesses.
      >Dan was 11 years old and a friend of Kyle's. Dan had talked to Kyle
      >minutes
      >before he was killed. Kyle was going to the park to meet Dan.
      >The police officer that investigated the incident reports that the truck
      >driver told him that he was lost or disoriented at the time. He also told
      >the
      >officer that he saw Kyle riding his bicycle along the sidewalk before the
      >incident. However, in his deposition, Waters denies seeing Kyle.
      >
      >Plaintiff will try and discredit Mr. Water's account of events, inorder to
      >undermine Mr. water's testimony they will show evidence that:
      >1. Mr. Waters had been cheating on his time logs for the day in question.
      >
      >2. Mr. Waters claims that the only phone in his cab was the company phone
      >and
      >that he could not make any other calls on that phone other than to his
      >company. The phone he used to call 911 was not made from his company
      >phone number.
      >
      >(Does this discredit Mr. Waters in your opinion?)
      >
      >Walter claims he checked all of the mirrors on the truck before making his
      >turn. He denied having fender mirrors on the truck. The truck did have
      >fender
      >mirrors. He claims he knew he was heading to the school bus turn around
      >when
      >he pulled out onto Bren Drive but you can not see the turnaround from that
      >location. When asked what ���off tracking��� is, he did not know.
      >
      >Off tracking is what happens when semi tractor trailor truck turns. It
      >means
      >that the trailer does not follow the cab in a straight line. Instead, the
      >trailer cuts in at an angle. The expert witness for the plaintiff is of
      >the
      >opinion that Kyle had turned from the sidewalk into the bus turn around
      >heading
      >to the park as the truck turned in. Because of off-tracking, the back
      >right
      >tires of the trailer hit the back tire of Kyle's bicycle causing it to stop
      >and
      >throw Kyle over the handlebars of this bicycle and under the truck. His
      >injuries and the damage to the bicycle are consistent with this theory.
      >
      >
      >According to the plaintiff:
      > Had Walter been keeping a proper lookout, especially based on the fact
      >that
      >he knew children were in the area on bikes, and had he really checked all
      >of
      >his mirrors, he would have been aware of Kyle. Instead, Walter was driving
      >carelessly and inattentively. His unsafe driving is what caused Kyle's
      >death.
      >When Mr. Tran hired Walter, it knew he had a history of speeding and other
      >traffic offenses including illegal turning, traffic collisions and license
      >suspension. While a driver for Tran, he had caused damage to physical
      >property
      >while making deliveries. Tran did not have regular safety meetings but
      >had a
      >handful of meetings focused on driving safely and proper handling of
      >materials
      >to save the company money. Walter���s name does not appear on the
      >attendance
      >sheets for any of these meetings.
      >
      >According to the defense:
      >
      > Kyle, age 7, rode his bicycle into the trailer wheels of a semi-tractor
      >and
      >was killed. Kyle's family has filed a lawsuit against Tran's Express, the
      >owner of the semi truck. The evidence will show that Tran and its driver
      >did not
      >cause this unfortunate loss of life.
      >
      > On July 8, 2002, between 11:00 and 11:30 a.m., Tran���s
      >driver,
      >Waters, was making a delivery to the West Electric construction trailer at
      >the
      >Elementary School construction site. He had not been there before and was
      >northbound on Bren Drive, looking for the construction trailer. He saw a
      >paved
      >turnaround just off of BrensDrive. He turned on his right turn signal and
      >pulled into the entrance. He was almost completely in the entrance, when
      >Kyle, who
      >was riding his bicycle northbound on the sidewalk next to Brens Drive, hit
      >the right rear wheels on the semi-tractor trailer. The trailer continued
      >over
      >him and the resulting injuries caused his death. Kurt was not wearing a
      >helmet
      >and no adult was with Kyle at the time of the accident. Kyle's mother,
      >Maria, was at work that day and she had left (step dad) Edwardo to
      >supervise Kyle.
      >Unfortunately, dad was inside his house and Kyle was left alone outside.
      >
      > The only eye witness, Mark, saw the entire sequence of events,
      >and gave his statement to the police on the day of the incident. Mark was
      >in
      >the front yard of his house on Brens Drive when he saw the truck drive by
      >slowly
      >and turn into the turnaround. He saw Kyle riding his bike on the sidewalk
      >behind the semi-truck. Mark stated that the truck was all but into the
      >entrance
      >when Kyle rode his bike into the trailer. Mark said Kyle was riding with
      >his
      >head down and just never saw the trailer. Mark also stated that Kyle had a
      >habit of riding with his head down.
      >
      >Tran���s driver had every legal right to turn into the school entrance. He
      >checked his mirrors and turned on his turn signal. Kyle's family may argue
      >that
      >Mr. Waters cut off Kyle and then ran over him. The physical evidence does
      >not
      >support this argument. Kyle hit the rear wheels on the trailer, which were
      >nearly all the way into the entrance of the turnaround. Kyle was not hit
      >by
      >the front wheels of the truck or even the rear wheels of the truck which
      >might
      >plausibly be seen as cutting off Kyle. Instead of Mr. Waters cutting off
      >Kyle,
      >Kyle was riding his bike with his head down and his inattention was the
      >cause
      >of this regrettable incident.
      >
      > State law requires a jury to apportion fault among the people
      >involved in the claim. In this claim the parties are: the Estate of Kyle,
      >Tran
      >Express, Walter Waters, Kyle���s mother, and Kyle���s step-father, Edwardo
      >
      >When Mr. Tran hired Walter, it knew he had a history of speeding and other
      >traffic offenses including illegal turning, traffic collisions and license
      >suspension. While a driver for Tran, he had caused damage to physical
      >property
      >while making deliveries. Tran did not have regular safety meetings but
      >had a
      >handful of meetings focused on driving safely and proper handling of
      >materials
      >to save the company money. Walter���s name does not appear on the
      >attendance
      >sheets for any of these meetings.
      >
      >
      >[Non-text portions of this message have been removed]
      >
      >
      >
      >
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