Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Aliska
I thought it went to a jury.
37 posted on 10/30/2003 11:39:11 AM PST by lady lawyer
[ Post Reply | Private Reply | To 35 | View Replies ]


To: lady lawyer
I thought it went to a jury.

It's my understanding that it did and I think that it is borne out by court documents on the net, assuming they are legit. The only way I could be 100% certain is if I got the records from the courthouse myself, and I am not going to do that.

42 posted on 10/30/2003 11:45:14 AM PST by Aliska
[ Post Reply | Private Reply | To 37 | View Replies ]

To: lady lawyer
Well, as a former insurance defense lawyer, I can see how this could have been overlooked.

Defense theories of the case tend to get crystallized early, probably by the adjuster. And once the theory is in the file, you tend to "see" things that support that defense theory and overlook others that don't mesh. If the neck bruises were buried in an ER intake report, and the adjusters and defense attorneys were running on a theory of bulimia or diet abuse contributing to her condition, I could see how everybody could look right past it.

In an ideal world, of course, the trial lawyers fly-speck every piece of paper in the file. As a practical matter in a busy office, the only person who ever looked at the ER intake report was probably the paralegal who Bates-stamped it while getting ready for discovery.

I try not to attribute to malice or evil what can be attributed to incompetence or carelessness . . . Occam's Razor and all that.

166 posted on 10/30/2003 6:45:00 PM PST by AnAmericanMother (. . . sed, ut scis, quis homines huiusmodi intellegere potest?. . .)
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson