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Vehicle negligence

March 2, 2011
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Trial Report

Patricia Mowery and Harold Mowery Jr. v. Arron Hofmeister and Marathon Petroleum Company LP

Marion Superior Court #12

No. 49D12-0908-CT-038874

Injuries: cervical strain/sprain, discectomy and fusion C5-6, lateral epicondylitis

Date: Feb. 8 to 10, 2011

Judge or Jury Trial: Jury trial

Judge: Hon. Heather Welch

Disposition: Defense verdict, no fault

Plaintiff Attorney: Troy K. Rivera, Nunn Law Office

Defendant Attorney: Miriam Rich, Gonzalez Saggio & Harlan

Case Information: Plaintiff Patricia Mowery approached defendant’s transport (tractor and tanker trailer) at 1 a.m. on July 24, 2009, from behind as defendant began to make a right turn. Defendant’s right turn signal was visible in security video captured by a nearby convenience store camera, as was plaintiff’s approach on defendant’s right side after defendant began his right turn maneuver. Storage boxes mounted below the frame of the tanker trailer impacted the front left tire and fender of plaintiff’s SUV and peeled back the front bumper. No injuries were reported at the scene. Plaintiff went to an Immediate Care Center 20 hours after the collision with stiffness to her neck and was diagnosed with a cervical strain/sprain and degenerative disk disease. She had disk fusion surgery Nov. 10, 2009, and claimed $80,821.13 in medical expenses. The matter proceeded to a jury trial Feb. 8 to 10, 2011, and the jury returned a verdict of no fault on defendants.•

– Miriam Rich

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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