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How much would you pay for this case if you were on a jury (Calishitlawguru)
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Date: November 9th, 2017 1:49 PM Author: Shimmering laughsome headpube brunch This is from the demand letter I sent recently for a slip and fall. We demanded 750K for husband and 100K for wife. What would you guys pay if you were on a jury? Case hasn't settled yet, so I am polling to gauge people's opinion.
" This correspondence is our attempt to resolve this dispute.
On November 24, 2016, REDACTED was a patron of Macy’s located at 9301 Tampa Ave, Northridge, California. He was there to shop with his wife. As he was walking through the men’s department, he stepped on a slippery liquid that was on the walkway in the men’s department. There were no posted warnings about the floor being wet and no indication that there was a dangerous condition. To date, Macy’s has provided no video of the incident, despite the fact that there are dozens, if not hundreds, of cameras inside the store.
Immediately upon falling, Mr. REDACTED was rendered unconscious and left in a pool of his own blood. There was a large laceration on his head and his wife rushed to his side when she heard him hit the ground. He was transferred to the emergency room and did not regain consciousness until he was stable at Northridge Hospital. He was then transferred to Kaiser Permanente where several staples were placed in the back of his head. Imaging showed a non-displaced fracture involving the left occipital/parietal bone and a traumatic subdural hematoma.
Prior to this accident, Mr. REDACTED was a sharp, healthy, and active 84-year-old man. He lived with his wife, REDACTED, and was able to care for himself and walk without assistance. These injuries have had a catastrophic impact on Mr. REDACTED’s life. Because of his head injury, his balance has suffered, and he now walks with a cane or walker the majority of the time. Something he never had to do before. He has constant headaches, feels pressure in his head, and constantly fears another fall.
Because of his loss of mobility, Mr. REDACTED has foregone travel. Prior to this accident, his wife and he traveled internationally on a regular basis. In fact, they had plans to take a trip to Europe with their church this year, but were forced to forgo these plans as a result of this accident. Moreover, two of Mr. REDACTED’s close relatives passed away recently, and Mr. REDACTED was unable to travel to their funerals. This caused tremendous emotion harm to Mr. REDACTED and also caused him a great sense of guilt. Mr. REDACTED also has grandchildren out of state and has been unable to visit with them because of his new health constraints.
Mr. REDACTED has lost his independence. His wife must help him dress, shower, cook, and even go to the bathroom. When he wakes up in the middle of the night to use the restroom, he must also wake up his 80-year-old wife to assist him. This has caused him great embarrassment and shame. Prior to this accident, Mr. REDACTED took pride in being the care taker of his wife. They are an older Chinese couple and much emphasis is put on men being the caretakers.
Finally, Mr. REDACTED’s personality has changed. His outlook on life has become more negative, he feels a sense of impending doom and death, and his overall health has declined because of his mobility issues. His wife is extremely concerned that this accident has caused Mr. REDACTED to spiral towards death at an accelerated rate.
As for REDACTED, she has a significant loss of consortium claim and Dillon claim. Ms. REDACTED was in close proximity to her husband of over 50 years when she heard him violently crash to the ground. After hearing his fall, Ms. REDACTED turned around to see her husband with blood around his head, completely unconscious. She rushed to his side and held him in her arms crying for help. She had no doubt in her mind that her husband would die from this injury. She still wakes from nightmares thinking about the fall and losing her husband.
Mr. REDACTED also helped with many of the household responsibilities. Mr. REDACTED would cook, help pick up heavier objections in the house, clean, and drive. After the accident, the roles have reversed and Ms. REDACTED is now the caretaker. Ms. REDACTED has also lost her traveling companion. The two regularly traveled together to see family, go on trips with their church, and visit friends. Because of Mr. REDACTED’s health, REDACTED no longer has her partner by her side and is forced to stay home instead of travel. She also continues to have anxiety and fear that Mr. REDACTED will not make it more than another year because of his now declining health.
Given the above-mentioned information, we demand $750,000 for REDACTED and $100,000 for REDACTED. We believe if this case went to trial we would be awarded a multiple seven figure verdict for Mr. REDACTED with his life care plan, and multiple six figures for Ms. REDACTED’s loss of consortium and Dillon claims."
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Date: November 9th, 2017 2:25 PM Author: Vigorous Soggy Home What are the meds (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644226) |
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Date: November 9th, 2017 2:27 PM Author: Vigorous Soggy Home (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644253) |
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Date: November 9th, 2017 2:33 PM Author: self-absorbed stage good defense point. all labels say don't operate machinery/causes dizziness, etc. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644317) |
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Date: November 9th, 2017 2:42 PM Author: Shimmering laughsome headpube brunch It's Medicare. I would waive past meds for the purposes of trial. I would include future meds because they would not be a medicare prices. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644407) |
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Date: November 9th, 2017 2:42 PM Author: self-absorbed stage was he on meds at the time of ambulating through the store? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644413) |
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Date: November 9th, 2017 2:53 PM Author: Vigorous Soggy Home What is the monetary value of his medical bills to date, and what is the value assigned by your expert for his future medical treatment?
I can't see how you can value a case without knowing these numbers.
EDIT: damn man, I have a feeling that PI in CA is a lot different than PI in SC. We value cases here based almost solely on the value of medical treatment.
How about this - how long was he in the hospital, and did he have surgery? How many doctor's visits did this injury necessitate? |
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Date: November 9th, 2017 3:02 PM Author: Shimmering laughsome headpube brunch Southern California has some of the highest verdicts in the country. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644606) |
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Date: November 9th, 2017 3:03 PM Author: Vigorous Soggy Home In the past 6 months I've settled a case for 110k on 4500 meds and one for 315k on a case with 50k meds. We do allight' over here.
EDIT: PI isn't my main practice but I do enough to be dangerous at it |
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Date: November 9th, 2017 3:09 PM Author: self-absorbed stage how do you justify the multiplier above meds? just garden variety emotional distress? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644673) |
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Date: November 9th, 2017 3:23 PM Author: Charismatic Zombie-like Windowlicker Rehab Life care planning future pain and suffering Past pain and suffering |
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Date: November 9th, 2017 3:24 PM Author: Shimmering laughsome headpube brunch We wouldn't use past meds. Nick Rowley hit 1.5 million with zero meds and no future meds on a slip and fall. Not saying I'm him, but juries don't need meds to award huge damages. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644811) |
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Date: November 9th, 2017 3:25 PM Author: Vigorous Soggy Home that made my dick tingle (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644825) |
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Date: November 9th, 2017 3:29 PM Author: self-absorbed stage so it's all emotional distress? psychs testify? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644869) |
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Date: November 9th, 2017 3:29 PM Author: Shimmering laughsome headpube brunch That case has ZERO experts. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644877) |
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Date: November 9th, 2017 3:30 PM Author: self-absorbed stage so it's "imagine how bad they felt?" (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644890) |
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Date: November 9th, 2017 3:25 PM Author: Vigorous Soggy Home Old thinking was that a standard injury case has a settlement value between 3 - 5 times the meds. Insurance companies trashed that model about 15 years ago, but this thinking still remains in the legal community.
Meds + [actions of at-fault] + [severity of the collision] + [likability of client] + [at-fault being charged] + [alcohol/ drugs involved] + [racial aspects of case] + [quality of pictures presented] = rough estimate of case. |
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Date: November 9th, 2017 3:29 PM Author: Shimmering laughsome headpube brunch Juries are random. Nothing you can estimate is accurate with any reasonable certainty. Some of the top trial attorneys hit 8 figures all day on cases that shitty trial attorneys hit 100-500K on. It just depends on how likeable your client is, likeable the attorney is, and how sympathetic the jury is. The actual facts matter very little. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644871) |
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Date: November 9th, 2017 3:31 PM Author: Vigorous Soggy Home True. I'm trying one in January and I'm excited about it. I have 125k in coverage on 8k in meds and 8k in lost wages - rotator cuff injury.
Current offer: 12k |
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Date: November 9th, 2017 3:57 PM Author: Shimmering laughsome headpube brunch Why don't you have the client do the surgery? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645167) |
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Date: November 9th, 2017 4:01 PM Author: Vigorous Soggy Home Doctor said he didn't need it, he didn't have insurance and was treated by workers' comp doctors.
I was hoping he would because that would jack up the case. I just won a coverage motion where 75k of the 125k of insurance would have been gone, judge ruled that the UIM policy exclusion violated SC public policy. If I get all the coverage they'll appeal the thing for sure, but without a decent offer I have no choice but to put it up. |
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Date: November 9th, 2017 4:10 PM Author: Shimmering laughsome headpube brunch That's why you use lien doctors who work with you. They would have treated him for payment later and done the surgery with an opinion of causation. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645302) |
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Date: November 9th, 2017 4:12 PM Author: Vigorous Soggy Home There are virtually no doctors in my area who will work on liens, and none who would do a surgery on a LOP. That's one of the things that sucks about practicing in a small market. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645321) |
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Date: November 9th, 2017 4:13 PM Author: Shimmering laughsome headpube brunch Where are you located? I can help you with that most likely for the future. My network has a national reach. I would be happy to set you up with the right people for future cases. E-mail me at calishitlawguru@gmail.com and I'll put you in touch with who you need to talk to. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645332) |
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Date: November 9th, 2017 4:15 PM Author: Vigorous Soggy Home Will do. I'm in coastal south carolina (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645347) |
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Date: November 9th, 2017 3:30 PM Author: self-absorbed stage I like that equation, but I mean to a jury, it's just about "how would you feel" but without the golden rule? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644883) |
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Date: November 9th, 2017 3:30 PM Author: Shimmering laughsome headpube brunch There are a million ways to get around the golden rule. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644889) |
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Date: November 9th, 2017 3:31 PM Author: self-absorbed stage I thought garden variety emotional distress without a psych is capped at like $5k or some shit. otherwise where's the psych consults if it was so bad? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644898) |
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Date: November 9th, 2017 3:31 PM Author: silver exhilarant tanning salon you hint every which way around the golden rule without saying golden rule of course. You take the jury instruction, blow it up, and assign a number to each subpart to "help" the jury |
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Date: November 9th, 2017 3:35 PM Author: self-absorbed stage so battery:
intentional = what chutzpah?? that's like $5K
touched = bruises suck, so $2500
no permission = what a violation of individual autonomy = $5K
please award $12,500 even though he never went to the doctor or saw a therapist? |
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Date: November 9th, 2017 3:38 PM Author: silver exhilarant tanning salon pain until now pain after now, medical treatment now then, disfigurement, loss of earnings no or in the future, inconvenience now, future. You write it out number by number and the come up with a total that's about 2X where you want to be. Then you have another blow up, the verdict sheet, and you write your number in there. There's other stuff too. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644954) |
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Date: November 9th, 2017 3:40 PM Author: self-absorbed stage but I meant without them seeing a doctor. those are just quick $10Ks without getting their carrier involved? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644972) |
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Date: November 9th, 2017 3:42 PM Author: silver exhilarant tanning salon I'm talking about closing argument-- Oh, you ramp up the pain and suffering and loss. You can use old timey closing argument points to drive that home. Some cases are BETTER when you don't put specials into evidence. |
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Date: November 9th, 2017 3:58 PM Author: Shimmering laughsome headpube brunch You must run into really shitty plaintiff's attorneys if you are talking about such small numbers. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645178) |
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Date: November 9th, 2017 4:00 PM Author: self-absorbed stage idon't do this type of law at all. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645203) |
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Date: November 9th, 2017 3:30 PM Author: silver exhilarant tanning salon Yes. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644886) |
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Date: November 9th, 2017 3:58 PM Author: Vigorous Soggy Home Based in what you wrote, in my jurisdiction, I'm thinking this case has a ceiling of 200k. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645176) |
Date: November 9th, 2017 1:55 PM Author: self-absorbed stage what was the liquid?
did they destroy video or was there no video (i.e. is spoliation of issue?)
how often did she fuck that 82 yr old man?
what would his future lost earnings be?
what were his medical out-of-pocket costs outside of medicare reimbursements?
similar past incidents?
was there a leak in the ceiling, or was the liquid spill from another patron?
any evidence an employee knew of the liquid?
was the old man watching where he walked?
do they have prior lawsuits from slip n falls or car accidents? results?
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Date: November 9th, 2017 2:14 PM Author: Shimmering laughsome headpube brunch - liquid is unknown but it was during the holidays so there are a lot more spills. The director of operations said they are always understaffed with maintenance people during that time of year.
- They did not preserve any video. They claim they only preserve video for shoplifting (which I don't think a jury is going to believe or appreciate)
- Probably not often
- He doesn't work
- Medicare
- Past accidents are irrelevant
- Of course he was looking where he walked
- Macy's get's sued all the time. Just my firm alone has sued them like 12 times for similar stuff |
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Date: November 9th, 2017 2:16 PM Author: self-absorbed stage was he looking at the items or the ground? how could he see both? and if he looked at the ground, was the liquid invisible? and if it was, then how could the employees see it?
QED |
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Date: November 9th, 2017 2:18 PM Author: Shimmering laughsome headpube brunch One theory of liability (of a few): Macy's knows that spills happen, especially during the holidays when more people eat and drink in the store. I have their operations person testifying in deposition that they are understaffed during that time of year. Had they been properly staffed my client wouldn't have slipped on liquid. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644142) |
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Date: November 9th, 2017 2:20 PM Author: self-absorbed stage but if the liquid wasn't noticeable to a careful shopper, how would an employee know to mop that area? isn't that the crux? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644159) |
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Date: November 9th, 2017 2:21 PM Author: Shimmering laughsome headpube brunch The diligence in looking where you are walking is not the same as what is required of someone whose job it is to look for dangerous conditions. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644185) |
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Date: November 9th, 2017 2:22 PM Author: self-absorbed stage ah the janitorial engineer puffery. pretty good. pretty good. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644197) |
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Date: November 9th, 2017 3:41 PM Author: silver exhilarant tanning salon "personal responsibility" mantra hazard there (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644988) |
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Date: November 9th, 2017 2:21 PM Author: mind-boggling native That's an awesome admission. Also what's the deal with the cameras? I had a case where clients got savagely beat in a store. we were able to make great hay out of the fact that the only camera in the store was pointed at the cash register and there were none angled so that you could see the perps. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644175) |
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Date: November 9th, 2017 2:22 PM Author: Shimmering laughsome headpube brunch We are going to be asking for a destruction of evidence instruction. The jury can also assume that the evidence that was destroyed was favorable to the Plaintiff. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644190) |
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Date: November 9th, 2017 2:23 PM Author: self-absorbed stage dat spoliation adverse inference. you should have lead with that. the coverup ladies and gentlemen. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644204) |
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Date: November 9th, 2017 3:43 PM Author: silver exhilarant tanning salon They will say they only focus the cameras on loss prevention locations only. Cash registers, entrance/exit, high pocketed items? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645016) |
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Date: November 9th, 2017 7:44 PM Author: mind-boggling native "And that, ladies and gentlemen, is all Macy's is concernrd about. The bottom line. The almighty dollar. Not the safety of its customers, not the hazardous conditions at at store, but it's own filthy lucre." (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647054) |
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Date: November 9th, 2017 8:55 PM Author: silver exhilarant tanning salon Cr. "But we also hate them damn shoplifters !"
EDIT: "Cause we all know theyze the niggahs!" |
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Date: November 9th, 2017 8:51 PM Author: effete histrionic locus goal in life Just being understaffed isn't negligence. All department stores are understaffed during the holidays. You lose at summary judgment. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647656) |
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Date: November 9th, 2017 8:58 PM Author: silver exhilarant tanning salon He'll find some other bullshit to pull it thru on a squeak. Just gotta be creative. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647732) |
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Date: November 9th, 2017 1:56 PM Author: self-absorbed stage I would offer $50K global or tell you to waste your time and money filing suit. maybe closer to jury i'd make an OJ of $150K. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643947) |
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Date: November 9th, 2017 3:25 PM Author: beady-eyed wagecucks (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644819) |
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Date: November 9th, 2017 8:53 PM Author: effete histrionic locus goal in life Divide those numbers by half. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647684) |
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Date: November 9th, 2017 8:57 PM Author: silver exhilarant tanning salon "Just give me nothing man. Id rather have nothing than that. You've given me a project to now secure reductions, that's effectively what you've given me. Thanks for nothing." (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647719) |
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Date: November 9th, 2017 1:57 PM Author: dashing point rigpig i'd change your description of plaintiff to "sharp, healthy, and active 84-Years-Young man" (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643953) |
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Date: November 9th, 2017 1:59 PM Author: self-absorbed stage "84 year old kid with purple heart qualifications, but for any prior injury, a community steward, loved by all, feared by none, who walked Macy's to purchase clothes for kids at the homeless shelter." (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643964) |
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Date: November 9th, 2017 1:58 PM Author: nighttime resort generalized bond Asking lawyers what they would do on the jury is useless. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643963) |
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Date: November 9th, 2017 3:26 PM Author: silver exhilarant tanning salon (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644831) |
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Date: November 9th, 2017 1:59 PM Author: odious know-it-all meetinghouse indirect expression I have some questions but phone poasting at work and would take a while to type out
As a juror, i would have a hard time awarding that much for a case like this though
Probably 300k, tops |
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Date: November 9th, 2017 2:01 PM Author: self-absorbed stage lol just throw out money like a broken piñata because he's doing activities 30 years after a normal human should be deceased. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643978) |
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Date: November 9th, 2017 2:02 PM Author: odious know-it-all meetinghouse indirect expression I said TOPS
Might be lower given more facts |
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Date: November 9th, 2017 2:00 PM Author: Disturbing location gaming laptop 0. watch ur step (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643971) |
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Date: November 9th, 2017 3:26 PM Author: beady-eyed wagecucks BRUTAL (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644834) |
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Date: November 9th, 2017 2:01 PM Author: Adventurous new version library non-law mo i think you'll get nearly all of it (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34643975) |
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Date: November 9th, 2017 2:03 PM Author: flesh heaven $0. but i also often fantasize about being on a jury just to achieve unpredictable and arbitrary outcomes.
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Date: November 9th, 2017 2:05 PM Author: self-absorbed stage [federalist paper #17 scholar] (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644009) |
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Date: November 9th, 2017 2:04 PM Author: self-absorbed stage bro you should hire mas a mock OC. after one trial prep or 5 min with your plaintiffs in a mock depo, you'll know to dump the case or how to win Yuge. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644003) |
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Date: November 9th, 2017 3:48 PM Author: silver exhilarant tanning salon mock trials are espensivo! (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645072) |
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Date: November 9th, 2017 6:25 PM Author: self-absorbed stage i'm cheap, I love the fight. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34646455) |
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Date: November 9th, 2017 9:02 PM Author: silver exhilarant tanning salon (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647776) |
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Date: November 9th, 2017 2:05 PM Author: Startled Hairraiser Incel hard for me to say without looking at a jury charge. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644014) |
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Date: November 9th, 2017 2:06 PM Author: self-absorbed stage [erisa v75 of counsel] (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644024) |
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Date: November 9th, 2017 3:26 PM Author: beady-eyed wagecucks (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644836) |
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Date: November 9th, 2017 6:23 PM Author: Startled Hairraiser Incel i dont get this joke haha (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34646441) |
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Date: November 9th, 2017 2:06 PM Author: Crystalline State Chad I would need to see some data on the market value of Macy’s, including its owners. But certainly not a penny less than $100,000,000. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644020) |
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Date: November 9th, 2017 2:07 PM Author: mind-boggling native Actuarily he should be dead, so every day is a gift. Zero dollars (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644030) |
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Date: November 9th, 2017 2:08 PM Author: Razzle mauve church If I believed what you stated is true, I would as a juror vote for those damages (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644039) |
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Date: November 9th, 2017 2:14 PM Author: buff station (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644097) |
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Date: November 9th, 2017 2:09 PM Author: contagious opaque corner typo: This caused tremendous emotionAL harm to Mr. REDACTED and also caused him a great sense of guilt.
I am not sure I agree with the above poasters who said they deserve nothing. This couple sounds sympathetic AF, but you need to consider if they will be just as sympathetic before the jury and also the likely ethnic composition of the jury. With the right jury (older white or asian folks), yeah you could get that and more. |
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Date: November 9th, 2017 2:10 PM Author: Shimmering laughsome headpube brunch Plaintiff and his wife are incredibly likeable too. They are like the old grandparents who make you milkshakes, send you $2 bills for your birthday, and talk to you about woodworking. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644056) |
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Date: November 9th, 2017 2:10 PM Author: self-absorbed stage did you read my post? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644060) |
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Date: November 9th, 2017 9:04 PM Author: silver exhilarant tanning salon What the fuck am I gonna do with a $2 bill? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647787) |
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Date: November 9th, 2017 9:04 PM Author: silver exhilarant tanning salon Nice deet though (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647791) |
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Date: November 9th, 2017 2:13 PM Author: citrine rigor Never done anything close to SHITLAW and a big believer in personal responsibility. With that caveat, I'd award $0, absent something absurd on the video (e.g., employees callously laughing about not putting up a wet floor sign bc "fuck our customers").
This dude is 84. No such thing as a "healthy, productive" 84 year old who travels and fucks like a stallion. And I suspect him being wheeled into the courtroom will only make Macy's case for them. 84 year old's have terrible balance and fall easily, which often limits their mobility for the remainder of their life. It is very sad, but it's life. This guy's fall just happens to have occurred in a store, rather than his home, but that doesn't mean he should get some big payout. |
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Date: November 9th, 2017 2:14 PM Author: self-absorbed stage [vp risk management, madgrical, inc.] (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644104) |
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Date: November 9th, 2017 2:15 PM Author: citrine rigor More like VP at BIG CO, who had the balls and common sense to get out of law (and never go into shitlaw) (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644118) |
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Date: November 9th, 2017 2:17 PM Author: self-absorbed stage shitlaw is where the money is. plus way more hotter chicks walking around downtown courthouses than inside biglaw offices. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644130) |
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Date: November 9th, 2017 2:18 PM Author: citrine rigor Nah, out of law is where the real $ is. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644152) |
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Date: November 9th, 2017 2:20 PM Author: self-absorbed stage sure, but sunk costs, etc.
I want to open a bail bonds company. |
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Date: November 9th, 2017 2:21 PM Author: citrine rigor Do society a favor and start a real business. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644181) |
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Date: November 9th, 2017 2:15 PM Author: Shimmering laughsome headpube brunch I'd like to strike Juror number 4 for cause. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644113) |
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Date: November 9th, 2017 2:33 PM Author: buff station (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644312) |
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Date: November 9th, 2017 2:34 PM Author: citrine rigor Cause...he's not an entitled shitlib, your honor. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644322) |
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Date: November 9th, 2017 2:34 PM Author: Internet-worthy locale community account (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644325) |
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Date: November 9th, 2017 3:54 PM Author: silver exhilarant tanning salon TWIST: Theyre all Juror number 4, like fucking Being John Malkovich. Where my voluntary dismissal w/out prejudice at? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645129) |
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Date: November 9th, 2017 2:18 PM Author: odious know-it-all meetinghouse indirect expression Im thinking something along what youre saying in 2nd paragraph
This is what happens to old ppl. Its sad, but thats life
He didnt lose future earnings and chances are his health would be declining dramatically over next few years anyway
That being said, i think macys should pay out something bc it did happen in their store and it did have a permanent negative effect on his health
200-250k for husband, 50k for wife |
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Date: November 9th, 2017 2:22 PM Author: self-absorbed stage explain a year and a half salary for an old lady for watching an old man fall? explain like i'm a 5th grade educated 22 yr old juror. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644189) |
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Date: November 9th, 2017 2:23 PM Author: odious know-it-all meetinghouse indirect expression Loss of consortium/being able to travel and be a spouse, not the trauma of watching him fall (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644202) |
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Date: November 9th, 2017 2:25 PM Author: Shimmering laughsome headpube brunch She thought he was going to die in her arms. She was covered in his blood and he was unconscious. She has constant nightmares and worries all day about his mortality, when she didn't before.
Imagine if a guy showed up with a suitcase full of money and said I'll give you 50K, hit your husband in the head with a baseball bat while you watch, and then you can hold him while he bleeds out. Would she have taken that? |
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Date: November 9th, 2017 2:26 PM Author: odious know-it-all meetinghouse indirect expression Im sorry, but im a pretty sympathetic/caring person and i wouldnt award more than 50k to wife
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Date: November 9th, 2017 2:32 PM Author: odious know-it-all meetinghouse indirect expression Your 2nd paragraph is bs and you know it. Not at all the same thing
If a Macys employee pushed him down the stairs it would be different. But this is a simple slip and fall. Its macys fault that he fell but not macys fault that they are old.
Im a sympathetic person who hates seeing people suffer but no way would i award what youre asking.
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Date: November 9th, 2017 3:24 PM Author: Shimmering laughsome headpube brunch Eggshell plaintiff baby! (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644802) |
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Date: November 9th, 2017 2:32 PM Author: self-absorbed stage one is an intentional tort, the other is an accident. you can't compare that.
rate me as a defense lawyer to shitlaw claims? |
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Date: November 9th, 2017 3:29 PM Author: silver exhilarant tanning salon Cant speak as to what a jury would do.
Can tell you settlement value in my state:
So ... then for settlement purposes ... Liability is always a mixed bag on premises liability--skirt it up any way you want, chink oldster will fuck up testimony in deposition about where he was looking. Query whether you have notice--survive a motion to strike at the end of plaintiff's case ...
$150K and $25K would be eventual settlement number in my state. |
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Date: November 9th, 2017 3:31 PM Author: Shimmering laughsome headpube brunch Client was already deposed and he did awesome. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644895) |
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Date: November 9th, 2017 3:34 PM Author: silver exhilarant tanning salon Same settlement value. I would be loathe to put oldsters on like that in a slip and fall case. my state's Juries are RED as fuck so i'd have to get them mad at Macy's ... Christmastime incident. How's their engrish? |
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Date: November 9th, 2017 4:07 PM Author: Shimmering laughsome headpube brunch Dude speaks English just fine. He is a war vet fighting for the US. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645277) |
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Date: November 9th, 2017 4:16 PM Author: self-absorbed stage in American uniform after he survived the wreck in Hawaii? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645355) |
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Date: November 9th, 2017 3:40 PM Author: silver exhilarant tanning salon "personal responsibility" Yep, this guy is a common juror in my state.
Normally when that comes up I try to flip it by saying, Great! I'm so glad you said that. This is a case about taking responsibility for safety hazards. We will come to you and ask you to hold Macy's accountable, if you can under the evidence we'll show. |
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Date: November 9th, 2017 2:21 PM Author: Bateful national security agency forum zero fucking dollars of course (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644183) |
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Date: November 9th, 2017 2:22 PM Author: Tripping medicated kitty cat casino Old people fall. It sucks. They sound sympathetic, too.
I'd have to know more about this liquid and whether Macy's knew it was there, or should have known it was there. |
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Date: November 9th, 2017 2:23 PM Author: Shimmering laughsome headpube brunch See above. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644209) |
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Date: November 9th, 2017 2:26 PM Author: Tripping medicated kitty cat casino I saw the bit about being understaffed, if that's what you're referencing. I guess I'm still feeling underwhelmed.
And I hate to say that cause I know how much a single fall can fuck up an old couple's life. |
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Date: November 9th, 2017 2:31 PM Author: razzmatazz kitchen sneaky criminal $5million to him for being handcuffed to his travel shrew chink wife. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644289) |
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Date: November 9th, 2017 2:33 PM Author: self-absorbed stage but were they married at macy's? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644311) |
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Date: November 9th, 2017 3:44 PM Author: silver exhilarant tanning salon (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645028) |
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Date: November 9th, 2017 2:33 PM Author: Internet-worthy locale community account I'd give you a million. If i believed his story at trial.
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Date: November 9th, 2017 2:35 PM Author: Internet-worthy locale community account Find out if he's on viagra that would help your loss of consortium wouldn't it (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644335) |
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Date: November 9th, 2017 2:37 PM Author: self-absorbed stage or just start him on a script now and rip off the date on the label. it's basically time-travelling. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644356) |
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Date: November 9th, 2017 2:37 PM Author: henna legend Zero (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644347) |
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Date: November 9th, 2017 2:39 PM Author: light talented range you make them sound like a bunch of instagramming travel shrews pre incident. no. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644383) |
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Date: November 9th, 2017 2:46 PM Author: brilliant dingle berry Sounds like a good case. I don't know where $750 comes from, but I'd think about awarding between $300-$400 to the man. I'm not sure that I'd buy the wife's bystander claim, so I'd probably zero her out. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644443) |
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Date: November 9th, 2017 3:02 PM Author: Shimmering laughsome headpube brunch This is why voir dire is so important. A bunch of you would offer zero and a bunch 300K+. Getting the right jury is more important that the right facts. Plus once people meet the Plaintiff, if they truly believe he was hurt, they will make it work with the verdict/liability. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644604) |
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Date: November 9th, 2017 3:27 PM Author: lake spectacular stag film private investor yep, gotta think like an idiot to understand juries (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644840) |
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Date: November 9th, 2017 4:19 PM Author: citrine rigor And most lawyers. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645370) |
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Date: November 9th, 2017 3:17 PM Author: Floppy Shrine Is Macy's strictly liable for any "liquid" on the floor of their stores?
Or if they proved someone just spilled their drink there 30 seconds before it happened would you get $0? |
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Date: November 9th, 2017 3:19 PM Author: self-absorbed stage if the liquid were liquid dynamite or quicksand, then strict liability would apply. I think. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644754) |
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Date: November 9th, 2017 3:22 PM Author: Charismatic Zombie-like Windowlicker Rehab A lot of this stuff depends on the records of cleaning the floor and the notice the store had of the liquid (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644782) |
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Date: November 9th, 2017 9:01 PM Author: effete histrionic locus goal in life That's why you don't keep records. Hehe. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647761) |
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Date: November 9th, 2017 3:37 PM Author: silver exhilarant tanning salon Calishitlaw runs the risk of a motion to strike being sustained at the end of his case in chief. At the least. He's clearly got to settle this if he can. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644942) |
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Date: November 9th, 2017 3:20 PM Author: Cordovan university patrolman I would award Macy's a $100K bounty for attempting to kill off the elderly Chinese (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644763) |
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Date: November 9th, 2017 3:21 PM Author: Charismatic Zombie-like Windowlicker Rehab is Manning and kass threatening an msj (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644773) |
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Date: November 9th, 2017 3:23 PM Author: Shimmering laughsome headpube brunch No, they haven't actually. We are deposing 6 employees on the 15th back to back to back. Lenkov just sent me an e-mail today begging for a demand. I'll forward it to your throw away. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644787) |
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Date: November 9th, 2017 3:39 PM Author: self-absorbed stage how much money on court reporters is that? like 30 hours worth plus another $5k for transcripts? holy shit. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644960) |
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Date: November 9th, 2017 4:05 PM Author: Shimmering laughsome headpube brunch You've never paid for a deposition, have You? One full day of depos maybe 1k total, 1.5k at the most. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645258) |
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Date: November 9th, 2017 4:07 PM Author: self-absorbed stage of course I have. here it's like $75-80/hr for court reporter and $4 page for transcripts with those boxes on each page and the appendix. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645274) |
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Date: November 9th, 2017 4:07 PM Author: Shimmering laughsome headpube brunch Wow. That's retarded. We don't pay hourly, we just pay per page. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645284) |
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Date: November 9th, 2017 4:10 PM Author: self-absorbed stage so if you don't order the transcript it's free? we pay $4/page and then 75-85/hr for time in depo. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645301) |
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Date: November 9th, 2017 4:11 PM Author: Shimmering laughsome headpube brunch You have to pay for a copy of the transcript, but yes, there is no hourly fee for court reports. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645309) |
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Date: November 9th, 2017 4:14 PM Author: self-absorbed stage wow, half the time we never get transcripts and settle after depos. so they make no money all day? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645337) |
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Date: November 9th, 2017 4:19 PM Author: Shimmering laughsome headpube brunch Not my problem, so I never think about it lol. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645377) |
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Date: November 9th, 2017 4:21 PM Author: self-absorbed stage jesus I should email court reporters website ads from fla. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645387) |
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Date: November 9th, 2017 4:21 PM Author: Shimmering laughsome headpube brunch Im in Los Angeles. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645390) |
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Date: November 9th, 2017 4:23 PM Author: self-absorbed stage hence I will not destroy your plaintiff free depot market for these shoes mailed to me today
https://www.gucci.com/us/en/pr/men/mens-shoes/mens-moccasins-loafers/princetown-velvet-embroidered-slipper-p-472808FASI03067?gclid=EAIaIQobChMIl-O3zLay1wIVl0oNCh0a7weiEAYYAyABEgJJ9PD_BwE |
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Date: November 9th, 2017 4:21 PM Author: self-absorbed stage so you can depose like 20 employees and not spend a penny? crazy (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645389) |
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Date: November 9th, 2017 3:42 PM Author: self-absorbed stage is irina fat? she looks like she could go either way. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645004) |
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Date: November 9th, 2017 3:28 PM Author: lake spectacular stag film private investor i would personally give this guy close to nothing, especially if there's no good evidence of negligence on macy's part. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34644860) |
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Date: November 9th, 2017 3:58 PM Author: Lime exciting puppy foreskin LOL, when did MDH become a shitlawyer? is this his new schtick? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645182) |
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Date: November 9th, 2017 3:59 PM Author: self-absorbed stage i'm on the defense side, bro.
edit: not defending these cases, hence my questions. I defend real estate and employment shit for my firm. |
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Date: November 9th, 2017 3:59 PM Author: silver exhilarant tanning salon Cali, see if you have anything to suggest that the crap is off the shelves, messed up, like the clothes on racks nearby are all out of line or (should you be so lucky) you have an overfilled trashcan nearby or details regarding an untended line or something to correlate to the "long time in between safety sweeps" theory of the case. We did one where we had overflowing trashcans in the food court and that gave us enough to suggest that the staff should have known of the hazard on the floor next to the trashcans but didnt. |
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Date: November 9th, 2017 4:01 PM Author: self-absorbed stage what about spilling some coffee and hack the camera and pay some shopper to say he filmed it? (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645217) |
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Date: November 9th, 2017 4:01 PM Author: comical naked school Taking your statements in the demand letter as fact, I would be comfortable awarding $300k total to the old geezers. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645215) |
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Date: November 9th, 2017 4:07 PM Author: self-absorbed stage Gordon donnor (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645283) |
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Date: November 9th, 2017 4:23 PM Author: comical naked school FOR THE INJURED (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645411) |
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Date: November 9th, 2017 4:11 PM Author: Shimmering laughsome headpube brunch You're hired! (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645312) |
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Date: November 9th, 2017 4:13 PM Author: Sepia Turdskin Quadroon Macy's fucked my GF's credit score and it took 7 months to get her from 500s back to 800s. I would award the Asian couple a billion dollars. (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34645334) |
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Date: November 9th, 2017 8:59 PM Author: silver exhilarant tanning salon See ya out the door on post-voir dire motions (http://www.autoadmit.com/thread.php?thread_id=3790819&forum_id=2#34647745) |