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Re: [infoguys-list] too old-comments

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  • suesarkis@aol.com
    Amy - You might suggest to the author of this opinion that they go back and read your inquiry a few times more. It is obvious they have the facts totally
    Message 1 of 2 , Aug 1, 2006
      Amy -

      You might suggest to the author of this opinion that they go back and read
      your inquiry a few times more. It is obvious they have the facts totally
      skewed. I'm surprised you'd even post it.

      Sue

      *****************

      This is not always the case, but I have a feeling that the daughter-in-This
      is not always the case, but I have a feeling that the daughter-in-<WBR>law
      who was driving the vehicle that struck the car the deceased was riding in
      wasThis is not always the case, but I have a feeling that the
      daughter-in-<WBR>law who was driving the vehicle tha

      So, we come to the conclusion that the daughter-in-So, we come to the
      conclusion that the daughter-in-<WBR>law was at fault in the accident that injured
      the deceased. However, we should not that damage to the car appears slight,
      so that the injury caused to the deceased was due more to pre-exis

      (2) As to assessment of damages we are told:

      a. The accident leaves her in a soft collar with pain and numbness, but
      that is because doctors cannot perform surgery because of a condition
      caused by her smoking,

      b. Medical records do not reflect the pain and suffering,

      c. Emphysema and osteoporosis were so far advanced as to be considered
      terminal, although no one would hazard a guess as to how much longer she
      had to live,

      d. She became depressed when she became ill and, true to form, she quit
      taking nourishment when she arrived at the nursing home, thereby
      debilitating herself terribly while already in the end stages of
      emphysema and, last but not least,

      e. There is no medical evidence that the accident was the cause of her
      demise.

      If I were a juror, then, I would have a very hard time awarding the
      deceased's family (I'm assuming they are the ones that are suing) much of
      anything by way of damages. It would have to be proven to me that the
      accident actually produced damages to the deceased and her family AND
      that those damages were significantly greater than the medical costs
      that they may have had to pay out anyway as the deceased's health kept
      deteriorating. (Note, there is already some outside home medical
      assistance being paid for.)

      The functionality of the family and the personality of the deceased are
      irrelevant in my opinion as to who was at fault in the accident and how
      much damage was caused, except, perhaps to suggest that the pain
      complained of by the deceased might have been exaggerated in order to put
      a "guilt trip" on the daughter-in-a "g

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