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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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