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To: JeffAtlanta; Modernman

These policy arguments are now reduced to closing arguments. So do you think you can sell this in the face of evidence that the guy was falling down drunk and he could have been stopped by a call to the police?

This is a classic for the old saying "hard facts make bad law"


79 posted on 08/22/2005 1:46:00 PM PDT by frithguild (If I made one mistake, it was that I was too cooperative and waited too long to go on the offensive.)
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To: frithguild
These policy arguments are now reduced to closing arguments. So do you think you can sell this in the face of evidence that the guy was falling down drunk and he could have been stopped by a call to the police?

I think that is one of the reasons why the court here ruled that negligence was a possibility.

This situation was akin to selling a loaded gun to a falling-down drunk. It's a pretty extreme case.

86 posted on 08/22/2005 1:59:26 PM PDT by Modernman ("A conservative government is an organized hypocrisy." -Disraeli)
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