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  • Jurydoctor@aol.com
    BACKGROUND In the pre-dawn hours on November 26, 2000, Danny Bartow, with his brother as a passenger, was driving on Louisiana Highway 12 in Quincy,
    Message 1 of 3 , Jul 21 4:56 PM
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      BACKGROUND
      In the pre-dawn hours on November 26, 2000, Danny Bartow, with his brother
      as a passenger, was driving on Louisiana Highway 12 in Quincy, Louisiana, when
      he lost control of his truck and struck an electrical power pole. The impact
      severed the power pole at it’s base so that it was hanging from the still
      connected power lines; the effect of the pole being severed was to allow the
      power lines to sag down dangerously low; from the witness testimony, it appears
      that the lowest power line sagged to a low point of about six feet above the
      ground.
      Randy Ard, plaintiff, a Corporeal with the Quincy Police Department, was
      dispatched to the accident scene at approximately 5:00 a.m. When Corporeal Ard
      arrived on the scene, the Bartow brothers were still in the truck with the low
      hanging power line immediately above the cab. Corporeal Ard recognized the
      danger of the power line above the truck and warned the occupants to stay in
      the vehicle, however, his warning was ignored as the occupants proceeded to
      get out of the vehicle and inform him that they had already been out and
      walked around the vehicle without problem. Corporeal Ard directed the occupants up
      to the edge of the roadway away from their disabled vehicle; the occupants
      waited there until their father came to the scene and took them home. At some
      point, Corporeal Scream also arrived on the scene to assist in the
      investigation. A wrecker arrived and was able to pull the truck from underneath the
      sagging lines back to the side of the roadway; the testimony is inconsistent
      as to whether or not the truck was moved prior to Randy Ard’s injury.
      After Corporeal Scream arrived, both officers proceeded back to the area
      where the truck had come to rest for the purpose of completing their
      investigation. Not only were the officers looking for a piece of the truck that was
      missing from the front end, but they were also making sure that there was no
      other occupant of the truck that may be lying out in the grass injured. It is
      clear that both officers safely walked under the low hanging wires on their
      way back to the scene. Once they finished checking the scene, they began to
      walk back towards the highway. Corporeal Scream testified that he was in the
      lead and after he had walked under the power lines, he heard an electrical “
      arcing sound” and turned around to see Corporeal Ard lying unconscious on the
      ground. Without question, Corporeal Ard either walked into the low hanging
      line so that it directly contacted his head or he came within three or four
      inches of the line so that it arced to him. (There was testimony from an
      experienced lineman that this amount of voltage, 27,000 volts, could arc three or
      four inches, depending on how well the person was grounded.) .
      Brouss is the electrical utility company serving the involved area.
      Corporeal Ard had radioed the police dispatcher to notify Brouss of the situation.
      Brouss’s records show that it received the initial call at it’s call center
      at 5:18 a.m. At 5:23 a.m. Travis was dispatched to the scene. Brous uses a
      callout list for such emergencies and calls the person who is on duty at the
      particular time. In this instance, Brouss had a person on the callout list
      that actually lived in Quincy, only minutes away from this accident, but
      instead of dropping down to the Quincy repairman, Cleco stuck by it’s policy of
      calling the person at the top of the list who was on duty, even though in
      this situation Mr. Travis lived in DeRidder, over 30 miles from the scene. It
      is undisputed that it took Mr. Travis 32 minutes to get to the scene. Henry
      was injured only minutes before Mr. Travis was able to shut down the power.
      Bartow and U.S. Agencies filed a Motion for Summary Judgment claiming that
      Bartow’s duty to maintain proper control of his car didn’t extend to the risk
      that an investigating police officer would be injured by a low hanging
      electrical line. Further, Bartow and U.S. Agencies contended that it was
      insulated from liability by the Professional Rescuer’s Doctrine. The trial court
      granted the Motion for Summary Judgment, but the Third Circuit just recently
      reversed it. . However, the Third Circuit’s Opinion merely held that there
      were questions of fact as to whether or not: (1) the duty of a diver to
      maintain control of his vehicle extends to protect an investigating police officer
      who is injured by a low hanging power line resulting from the accident or
      from loss of control of the vehicle; and (2) whether or not the Professional
      Rescuer’s Doctrine would serve to insulate Bartow from liability under the facts
      of this case. The good news for plaintiffs is that the opinion appears to
      make it clear that Brouss cannot be protected from liability by the
      Professional Rescuers Doctrine.



      [Non-text portions of this message have been removed]
    • suesarkis@aol.com
      Amy - Corporals Ard and Scream are flaming Adam Henry’s. There was absolutely NO rhyme or reason to suspect there were any other passengers in the
      Message 2 of 3 , Jul 21 11:08 PM
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        Amy -

        Corporals Ard and Scream are flaming Adam Henry’s. There was absolutely NO
        rhyme or reason to suspect there were any other passengers in the vehicle.
        After all, the occupants were walking, talking, breathing human beings who
        waited for their father to remove them from the scene. With that said, if
        there was still an ongoing investigation why did they allow the brothers to leave?

        They should have secured the scene but NOT let anyone near it. They should
        NEVER have allowed the wrecker to move the truck below the live wires
        regardless of how many rubber tires the vehicles had.

        If both officers were dumb enough to walk under the live wires on a number
        of occasions, they both had a wanton, reckless disregard for mother nature and
        all of her fury. Obviously not the sharpest pencils in that police
        department.

        Since the police department contacted the utility company as they were
        already at the scene, it was perfectly logical for Brouss to realize that the
        scene was safe and secure and follow their normal procedures. Presumably the
        imminent danger no longer existed. Brouss had no way of knowing that the two
        officers at the scene were two of the dumbest human beings alive on this planet.

        No driver has a duty to protect stupid LEO’s from doing stupid things.
        Their acts were unconscionable and definitely not predictable.

        Corporals Ard and Scream have managed to win my nomination for the 2006
        Darwin Award. I believe Ard will have a good chance of winning.


        Sincerely yours,
        Sue
        ________________________
        Sue Sarkis
        Sarkis Detective Agency

        (est. 1976)
        PI 6564
        1346 Ethel Street
        Glendale, CA 91207-1826
        818-242-2505
        818-242-9824 FAX

        If you can read this, thank a teacher. If you can read it in English, thank
        a military veteran !


        [Non-text portions of this message have been removed]
      • Ryugen C Fisher
        Hello suesarkis, Don t hold back Sue.. tell us how you REALLY feel .. It is unclear from the posts as to whether or not Cpl Ard survived his close encounter of
        Message 3 of 3 , Jul 22 5:17 AM
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          Hello suesarkis,

          Don't hold back Sue.. tell us how you REALLY feel ..

          It is unclear from the posts as to whether or not Cpl Ard survived his
          close encounter of the Tesla kind - but if he has, perhaps the ECT has
          improved his ability to function in society ...

          I wonder what the test for Corporal is on that force?

          Having said that, it seems clear enough that waiting until the danger
          from the power lines was removed by those whose job it is to do such
          things would be the course followed by the hypothetical "prudent man"

          For the sake of argument, let us presume that it was not high voltage
          lines, but a ruptured gas tank on the truck.. would they have poked
          around before the Fire Dept got there to control the possible
          explosion? I suspect that they would have waited a safe distance until
          the foam was down. Which in turn would indicate that they did not
          RECOGNIZE the danger of the power lines vs the spilled gasoline.

          If they want to sue someone, I suggest they sue the police dept
          training officer for not telling them that that was a stupid thing to
          do, as well as the police chief foe promoting them, never mind letting
          them wander about the countryside -- makes as much sense as the other





          Saturday, July 22, 2006, 1:08:05 AM, you wrote:

          > Amy -
          >
          > Corporals Ard and Scream are flaming Adam Henry’s. There was absolutely NO
          > rhyme or reason to suspect there were any other passengers in the vehicle.
          > After all, the occupants were walking, talking, breathing human beings who
          > waited for their father to remove them from the scene. With that said, if
          > there was still an ongoing investigation why did they allow the brothers to leave?
          >
          > They should have secured the scene but NOT let anyone near it. They should
          > NEVER have allowed the wrecker to move the truck below the live wires
          > regardless of how many rubber tires the vehicles had.
          >
          > If both officers were dumb enough to walk under the live wires on a number
          > of occasions, they both had a wanton, reckless disregard for mother nature and
          > all of her fury. Obviously not the sharpest pencils in that police
          > department.
          >
          > Since the police department contacted the utility company as they were
          > already at the scene, it was perfectly logical for Brouss to realize that the
          > scene was safe and secure and follow their normal procedures. Presumably the
          > imminent danger no longer existed. Brouss had no way of knowing that the two
          > officers at the scene were two of the dumbest human beings alive on this planet.
          >
          > No driver has a duty to protect stupid LEO’s from doing stupid things.
          > Their acts were unconscionable and definitely not predictable.
          >
          > Corporals Ard and Scream have managed to win my nomination for the 2006
          > Darwin Award. I believe Ard will have a good chance of winning.

          -- Respectfully,

          Ryugen C Fisher
          PCG-Investigations
          http://www.pcg-investigations.com
          -Serving our clients since 1984-

          mailto:mycroft@...

          7:07:35 AM Saturday, July 22, 2006
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