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Jack and Jill   Message List  
Reply | Forward Message #840 of 857 |
:Here is another exciting case. Need your input. $5 for each opinion goes to
the Schiff Liver Institute (which by the way, thanks to you and a few
others,
building begins Jan 2006!! in Miami)
Thanks,
amy

17 year old Jack and 15 year old Jill were driving home from school in their
friend's (Humpty)
parents vehicle.
Humpty claims he gave Jack permission to drive, but there is a dispute as to
who was driving prior to the car rolling over. the driver lost control, the
car rolled over several times and Jill was found in the driver's side with
her
legs on the passenger side.
Jack held her head up because there was water in the culvert where the car
came to rest.
Jack's breath smelled of alcohol according to some wiotnesses but no
breathanalyzer was taken.

Jill's BAL was .064.
she sustained a brain injury, namely a hemorrage in the frontal lobe.
(personality and memory center)
Her IQ has dropped from 90 (normal) to 70 (borderline retarded).

Jill has managed to make a fairly nice recovery, but does act
inappropriately
at times (on her depo, she said. "my dad calls me a bad liar cause he wants
to get lots of money from this lawsuit"

Her personality tests show that she is exaggerating her symptoms and is a
malingerer.

Nevertheless, her school work is not as good as it onece was and she will
not
be able to go to college.
Plaintiff's claim that this will effect her earning capacity in the future
to
over a million dollars.
Obviously, this will effect her ability to find a mate, mother appropriately
etc.


Issues:
1.who was driving?
2.Was Jill wearing a seatbelt?  (this matters because lawyers are disputing
whether the brain injury was due to blunt trauma or hypoxia from her head
being
submerged for a while.
3. How much would you award Jill?
4. would you award punitive damages against Jack?/ Humpty's parents?
5.What are your overall impressions?


Tue Dec 20, 2005 2:08 am

jurydoctor
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... the Schiff Liver Institute (which by the way, thanks to you and a few others, building begins Jan 2006!! in Miami) Thanks, amy 17 year old Jack and 15 year...
Jurydoctor@...
jurydoctor
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Dec 20, 2005
2:10 am
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