Saturday, October 10, 2009

Alittle more Information.....

I thought I would go ahead and throw you all a bone.....

In other words, some additional facts

One thing that happened in the middle of the trial was that any claims for medical expenses were thrown out because the plaintiff never asked the jury for anything. He never once brought up the amount he was asking for nor did he ever break down his out of pocket expenses. So once he rested my attorney brought this up and asked that they be thrown out, which the judge did. He barely, just once mentioned that he was out of work for 10 weeks, at $10 per hour, 40 hours a week. But no totals of how much he was asking for in lost wadges. So by the skin of his teeth he did not get that thrown out as well. But he was not being truthful as he had not worked 40 hours a week in fact he did not have any Tax returns that showed that he ever made more then $10,000 a year. Thus, its a good idea to have an attorney rather then try to represent yourself. But i guess since he represented himself several years ago in a DUI case and got off he figured he might as well give it a try again.

He complained that he could no longer ride his motorcycle, thus the lack of enjoyment of life. But he could in fact drive his car, as I was able to testify too because I saw him driving his car. Is it not just as dangerous for yourself and the public if you are driving a car if you get dizzy spells as it is if your driving a motorcycle? hummm maybe not?

He asked the officer if he thought I had been drinking.....this was nice to let me in on his thinking before he got me on the stand. It was nice to be able to say to my attorney, when HE asked the question...that I had not been drinking, nor had I ever had alcohol in my life!

It was also nice to be able to say NO I WAS NOT on my cell phone at the time of the accident. Another line of his thinking that he tipped us off to in his pre trial documents. It was nice to be able to have alittle time to think about that and be sure that I was not prior to taking the stand and having that be a surprise question. And also in recalling that I was not on my cell phone I was able to recall that I had in fact picked up the phone and called 911.

It was pretty sad that even his doctors would not confirm that the injuries were caused by the accident. Especially when he had originally told his doctor that he had been hit from the side at 38 miles per hour....and the doctor had then, based on that information, formed the opinion that his AC separation was caused by the accident. hummmmmm 38 miles per hour vs 3-5 miles her hour??? REALLY? When the doctor was given the facts he was able to say that NO a 3-5 mph accident would not cause an AC separation of the shoulder.

His medical history also showed that he had shoulder problems prior to the accident.

His medical records also showed that he had sever ear infections as a child, worked as an airplane mechanic for 8 years and had extreme exposure to loud noises. His doctor testified that these things were probably the cause for his tinnitus (ringing in the ears ) and that a whiplash injury does not cause tinnitus.

At one point he mentioned that there was $7000 in damage done to the car I hit, when in fact there was only $2400 in damages done ( I know, because my insurance agent was there for the whole trial and he told us that they only paid out $2400 in damages) The plaintiff kept trying to say that this was a serious accident with extensive damage to the car. The pictures and the officers testimony said otherwise. He said he felt a sever jolt from the accident and asked me on the stand if I felt a sever jolt and was honestly befuddled when I said NO.... this was true for two reasons. 1. It WAS a minor accident and 2. I was in a huge suburban and he was in a little Nissan.

He also stated that after the accident he no longer worked for the company that he worked for prior to the accident. We had records/evidence that he did work for the same company for 2 more years! What was he thinking???

This was ALLLLL SOOOO BAZAAR! I have heard of people taking advantage of the system but I'm here to testify that they REALLY DO exist!
so.... still wondering what the verdict was???


granny said...

well I am sure you must have won but on a lighter note This looks like the beginning of a really good book.

hurry with the sequal