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7th Circuit affirms defense verdict in motorcycle crash

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A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.

The 7th Circuit Court of Appeals on Thursday affirmed a verdict for the defense reached in the U.S. District Court for the Southern District of Indiana. The case is Betty M. Jordan and Theodore R. Jordan v. Kelly D. Binns and U.S. XPress, Inc., 11-2134, and oral arguments were conducted Oct. 12 at Indiana University Maurer School of Law.

Betty Jordan was permanently injured on Aug. 22, 2008, when she was driving a motorcycle eastbound and made contact with a truck driven by Kelly Binns, who said he heard a “banging noise” on his truck and saw the motorcycle sliding on the ground in the passenger rearview mirror.

Binns stopped and ran to help Jordan, and Binns testified that she repeatedly told him, “Tell the trucker it’s not his fault. It’s my fault.” Binns relayed those statements to an Indiana state trooper and claims managers at the company he drove for, U.S. XPress.

A trooper testified that Jordan’s husband, Ted, initially affirmed that Betty told him the accident was her fault, but he later denied making such statements.

The Jordans challenged six pieces of evidence admitted as hearsay, and the 7th Circuit agreed that some were. Nevertheless, the errors weren’t significant enough to warrant a new trial, the judges wrote in a 33-page ruling.

“Not only was the improperly admitted evidence cumulative, but the other evidence presented at trial strongly favored the defendants’ position,” Judge Johh Daniel Tinder wrote for the panel.

“Even though the central issue at trial was fault, the cumulative nature of the improperly admitted evidence coupled with this additional evidence leads us to conclude that the improper evidence did not have a substantial effect on the jury’s verdict,” Tinder wrote.

 

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  • Rules
    It seems that the ICOA applies rules differently to different cases or make up rules case by case! A broken gun is not a gun for any purpose, no more than a gas pipe is a gas pipe if it is connected to a water well pump!

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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