Oy. Jury Duty.

I can understand why someone wouldn't want to testify: Some folks don't present well. If you looked and sounded like Tony Soprano, you might not want to talk to the jury.

I've been called a few times, and actually served twice. I just answer the voir dire questions honestly, and don't try to get on the jury or get out of it. I'm a former Army officer (and have arrested people in that capacity), have an engineering degree, and have relatives in law enforcement. I'm supposed to be one of those the lawyers don't want, but the do pick me on occasion.
If I'm picked, I try to be the kind of juror I'd want if I was accused OR if I was a victim. You know, pay attention, remember the instructions, and be reasonable. Yeah, and keep that pesky 5th amendment stuff in mind.

The first case was pretty minor. The guy was stopped for running a red light, then the cop noticed the lack of a registration sticker. The sticker was our case. The prosecution was pretty straightforward (Cop testimony, no current registration on the books, etc.), but there was no defense. The guy asked one question, about how long the cop had been on the force. I guess the guy was hoping that the cop wouldn't show up, or he had planned some "registration stickers are based on unconstitutional tax laws after Texas was illegally annexed" or some such that the judge had talked him out of. Guilty.

The other one was a domestic violence charge. I wouldn't have wanted either wife or hubby as a neighbor, but ... He said, she said. She lied on the stand, changed her story, and exaggerated. Didn't even match her story with her family witnesses. On the other hand, the guy seemed pretty honest, even when it didn't make him look particularly good. Nothing from outside observers contradicted his testimony. Best evidence: She set up a situation to get knocked (or fall) down and then called the cops to blame him. It only took two polls to get to not guilty.

Well it's over, settled out yesterday.

On Rt. 87 in upstate NY there's a loooong uphill 2% grade. A tractor trailer died near the top of the hill and struggled to get off the road.

Along comes a guy in an empty 55,000 gallon fuel oil truck, like the ones used for home delivery, doing 60+ mph and gets into the "slow moving vehicles only" lane.

It's foggy as hell.

He slams right into the back of the dead tractor trailer full of rocks.

He sued for damages.

Wanted $17 million, settled for $3.3

I won't miss the 5:00 Grand Prix out of Albany every day.

Dan

++ for doing jury duty, something which a lot of people will try anything to get out of.

At least the jury had one smart person impanelled.

914Driver wrote: He slams right into the back of the dead tractor trailer full of rocks. He sued for damages. Wanted $17 million, settled for $3.3 Dan

He got damages why? grrr....

Grtechguy wrote:

914Driver wrote: He slams right into the back of the dead tractor trailer full of rocks. He sued for damages. Wanted $17 million, settled for $3.3 Dan

He got damages why? grrr....

Because the defendant stopped in a travel lane on a foggy highway, which is what we call "negligence". Sure, there was some contributory negligence but I bet the plaintiff's lawyer worked up $10 million in economic damages - lost earnings and medical expenses, past and future, with the rest being pain and suffering. If you split the liability 50/50 and discount the economics to a more realistic figure that's probably not a bad settlement for either side. That's also a cool $1MM the plaintiff's lawyer just made.

Dan, I'd love to talk to you about the case and your impressions - PM me with a phone number and a good time to call if you'd be willing to talk. Oh, and thanks for your service.

That case sounds more fun than mine.

Called thrice, selected once. He said/she said rape trial with two older mentally handicapped people, no evidence, conflicting testimony, etc. We had to acquit. After the verdict, the judge told us that some of the evidence we weren't allowed to hear had to do with his past conviction for raping a 12 year old kid. 'cause, you know, hearing that would bias the E36 M3 out of us.

berkeleying depressing.

pigeon wrote:

Grtechguy wrote:

914Driver wrote: He slams right into the back of the dead tractor trailer full of rocks. He sued for damages. Wanted $17 million, settled for $3.3 Dan

He got damages why? grrr....

Because the defendant stopped in a travel lane on a foggy highway, which is what we call "negligence". Sure, there was some contributory negligence but I bet the plaintiff's lawyer worked up $10 million in economic damages - lost earnings and medical expenses, past and future, with the rest being pain and suffering. If you split the liability 50/50 and discount the economics to a more realistic figure that's probably not a bad settlement for either side. That's also a cool $1MM the plaintiff's lawyer just made.

Weird. I was always taught to never "outrun your headlights" or line of vision. Sounds like an open and shut case of driving too fast for the conditions. I was also taught that if you rear end someone, it's almost always your fault.

I was on one jury. It was a civil case where a lady was trying to get too much money for a fender bender from a lady who was either uninsured or under-insured. Her lawyer just oozed smarmy-ness. They tried some shady tactics to try to make the jury sympathize with her. The car she was in when she was hit was an early 90's Prelude, and they made sure to have it parked in the parking lot, still wrecked as if she was still driving it. I just happened to drive past the courthouse the night after our first day in court and noticed the car was still there, and the only one in the parking lot. I stuck around a little later the next few days to watch her drive away in a brand new Expedition. She seemed totally fake and seemed like she was exaggerating EVERYTHING she said. We decided to give her about 10% of what they were asking for, using very scientific and mathematic calculations. Her lawyers office actually called me at home a week later to ask me why our figure was so low! And she was giving me attitude on top of it all! As if the lawyer didn't come off as a big enough slime ball already, he had his secretary harass me after the case was over! Anyway, I had a lot of fun using my mad deductive reasoning skills and automotive knowledge to pick apart their lies, then telling my fellow jurors all the BS they were trying to get us to believe.

I just got a letter in the mail about a month ago that I might have to do it again soon. I'm kinda hoping I do.

pigeon wrote:

Grtechguy wrote:

914Driver wrote: He slams right into the back of the dead tractor trailer full of rocks. He sued for damages. Wanted $17 million, settled for $3.3 Dan

He got damages why? grrr....

Because the defendant stopped in a travel lane on a foggy highway, which is what we call "negligence". Sure, there was some contributory negligence but I bet the plaintiff's lawyer worked up $10 million in economic damages - lost earnings and medical expenses, past and future, with the rest being pain and suffering. If you split the liability 50/50 and discount the economics to a more realistic figure that's probably not a bad settlement for either side. That's also a cool $1MM the plaintiff's lawyer just made.

Wouldn't this also be known as too fast for conditions? and these numbers are what makes my head hurt. I'll never make that much in my entire lifetime

In New York, no matter what, you can be held up to 30% liable unless the key is not in the ignition and the car is unoccupied.

I got T-Boned by some fool that ran a stop sign, the car was repaired, the rental car was paid for minus 20%. The two insurance companies negotiated it down from 30%

Not to defend bad driving, but this guy got messed up, he's got some serious medical bills.

Dan

When I lived in Cape May County (the southern most county in NJ) Once a year I got a notice for serving. My parents never got called, my sister never got called.. none of my friends ever got called.. but they seemed to love me.

I have Crohnes disease.. which can make being away from a bathroom for long periods of time a challenge at times.. especially when stressed.. but being who I am, I decided once to serve rather than getting out of it due to medical issues.

And I am sorry I did. It was for a child molestation charge and what I heard and learned sickened me to the point where my intestines were in knots for weeks. I vowed never to serve again... and having moved to Atlantic County (next county up, where atlantic city is) I have never even been called since.

I did my duty once.. and it damn near killed me... that is the cliff notes

Clem, that was a great story. And to all who have served, thanks. I am almost 40 and have never been called, strange how things work sometimes.