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Twelve Laughing Hyenas in a Kangaroo Court
{ And the judge was the leader of the pack}
{ A True Story}
This true story affects not just the people involved here but everyone, including YOU. Read on and you will see what I mean. This is a story that has happened many times before to many different people. It is a story about justice or rather, lack of it. When a person goes to court they are wanting some kind of justice, but when the judge is drunk and the jury is too busy laughing about doughnuts, it is an outrage!
HOW CAN THERE BE ANY KIND OF JUSTICE?
When the plaintiff's attorney tells the jury"WHO CARES" when the defendant is caught in a lie, Whose side was he on? This was just such a case. The plaintiff's neck had been broken, but the defendant refused to pay any medical bills, which to date is over $100,000.The plaintiff suffered 65% permanent nerve damage as a result of this accident.
The defendant, WILBUR-ELLIS, admitted fault, and paid damages to the vehicle, but said that the injury did not happen during this accident. They claimed the plaintiff "stepped off a sidewalk or leaned against a wall and the neck was broken."
This was what the defense witness, JERRY SCOTT OGDEN, who works for THOMAS ALCON and Associates ,. said happened.
He claimed to be an " expert"{but at what?} He claimed that stepping off a sidewalk would break the neck BUT an impact of 126,000 pounds could not. He also claimed the plaintiff hit the window on impact, which can't be true as the seatbelt was tight and DID NOT come undone on impact.
He testified he had NO MEDICAL training, BUT knew how strong a neck was. He testified that he DID NOT understand what he was testifying to, when questioned in court, BUT that did not stop him from testifying, as he has done in other cases. He also testified HOW the accident happened INCLUDING using a tape measure to show distance traveled, THEN testified that the accident never even happened to begin with, BUT then he said that the plaintiff had caused the accident.
He called it a "NON-EVENT". Does THIS make SENSE to you? The accident happened, the defendant admitted to it, paid for vehicle damages, THEN testified it DID NOT happen, BUT that the plaintiff had caused it.
If it NEVER happened WHY did WILBUR-ELLIS pay for vehicle damages, THEN ADMIT to it in court THEN say it was the plaintiff's fault AFTER TESTIFYING HOW THEY caused it.
IF the plaintiff had caused the accident, WHY did WILBUR-ELLIS pay for damages to the plaintiff's car and admit fault in court the very first thing? IF the accident never happened, WHAT was he using the tape measure for? Maybe he was eating some of those doughnuts that JUDGE JACK OLSEN supplied too?
He testified that the plaintiff was pushed under the seatbelt at an impact of 126, 000 pounds at the point of a STABLE birth defect, but that this did no harm. This impact cracked the block in the car which the plaintiff was driving at the time. The neck was PROVEN to be stable before the accident ever happened.
This "birth defect" called os odontoidium, affects about 1/5 of the population. EVERYONE is born with the 2nd vertebrae in the neck being made of cartilage.
At age of about 13 or so the cartilage turns to bone, but in some cases it does not turn completely to bone. This caused a weakness in the neck area, BUT there was NEVER any need for anything except for some chiropractic treatment for MUSCLE STRAIN. This " birth defect" was discovered at age 13 and was followed by doctors to watch it's progress. The plaintiff had no problems with it until 20 years later and then they were only minor MUSCLE STRAINS.
The plaintiff worked hard on the family farm, bucking bales, milking cows, and the like without any problems except for "sore muscles". When this impact happened this small part of the neck was sheared, causing compression on the brain which lead to nerve damage. THIS was also PROVEN. Now, according to the other defense witness, L.P.{Leave'm Paralyzed} Gambee, the plaintiff should have had surgery to prevent "sore muscles" when only 9 years old. No birth defect was known at that time.
According to Gambee, if your leg goes to sleep, you need surgery. If you had your appendix or tonsils out you have nerve damage. Does everyone have nerve damage from having their tonsils or appendix out? If we were ALL born with this "birth defect" did we ALL need surgery? Cartilage is very strong, it has to be, without it your arms and legs would not move. Your nose would collapse each time you blew it. Your ears would fall off when you pierce them. Have YOU ever seen that happen?
The"birth defect" was only about 1/16 of an inch wide, but it was sheared by this impact. This was proven time and time again, BUT the JURY chose not to listen. They were to busy laughing about doughnuts. I wonder just WHAT were they doing with those doughnuts in that jury room? Were they eating them or using them for something else? Maybe there was something IN those doughnuts, like evidence from JUDGE JACK OLSEN'S other cases? Olsen is used to dealing with drug addicts and drunks, {including himself}. WHAT was he doing with a personal injury case. It was an unusual case for HIM to be dealing with to begin with?
According to Gambee, There were several doctors who "agreed" with him, BUT upon closer look, the reports were the same except for different names. In both reports, they said that they DID NOT know where the break happened because they had not seen the plaintiff until five months AFTER this accident. None of them said that the neck was broken in any of the ex-rays shown to them.
One "expert" had NEVER even seen this type of "birth defect" before except in books. {Ex-rays were taken from time to time to follow the progress of the "birth defect"}This "expert"was Reed Wilson who claimed the plaintiff was "faking".
He NEVER saw the plaintiff and NEVER saw the ex-rays. How could he have been an "expert" in this case??????
When Gambee was asked to explain the "little differences" that another doctor disagreed with him on, he stuttered and stammered and then said there"No differences in opinion at all"and then changed his story all together. Gambee also went on and on about "18 pounds of medical records" " BECAUSE I WEIGHED THEM AND THEY WEIGHED 18 POUNDS" BUT he never said HOW MANY were from AFTER this accident. He said there were no "BENDING FILMS" in 1988. {Bending films are ex-rays that you stand up for rather then lay down for. } BUT guess what he was using in court, the 1988 "bending films".
He also testified that Dr. Perry Camp of St Mary's Hospital had NEVER seen these "bending films" BUT there is a letter stating that he HAD seen them. Gambee used a report from an "ex-ray technician" that stated there was NO compression on the brain, but that was when the plaintiff was laying down during an MRI scan.
Once the plaintiff stood up, the compression went right back ON the brain, which is what Dr. Camp had reported after he had done the tests and looked at the MRI scans. Who do YOU think knows more, an ex-ray technician who ONLY takes the pictures or the neurosurgeon who actually DID ALL THE TESTS? HOW WOULD YOU LIKE TO HAVE DR. GAMBEE FOR YOUR DOCTOR?????
He works at Oregon Health Sciences University in Portland, Oregon. He claimed to be an orthopedic surgeon. {Quack?, Quack?} The LEGAL profession calls these types of professional witnesses "WHORES" because they will testify to ANYTHING THEY ARE PAID TO TESTIFY TO, whether it is the truth or not, just like a WHORE does.
Many courts NO LONGER allow these types of WHORES to be used as witnesses, especially ones like Jerry Scott Ogden, a so-called "bio-mechanical engineer". They have found that this type of testimony is nothing but "JUNK SCIENCE" without any basis for truth or baring on the case at all. These two WHORES were hired my STEVE HILL, who works for KOTKAMP and O'ROURKE out of Pendleton, Oregon. Doughnuts????
When coming from the jury room, Judge Jack Olsen was asked what the jury was laughing about? " They are laughing about doughnuts". This was"Hysterical laughter, horselaughs, not just little giggles to relieve the tension, but laughter so loud that it could be heard several hundred feet away. {Remember now this was a personal injury case, were a person was crippled} Judge Jack Olsen was laughing too. On the second day Judge Jack Olsen told the Jury" I wish you would make up your mind today because buying you doughnuts is making me go broke". This took place at the Umatilla County courthouse.
"THE TWELVE HYENAS''
SCOTT MADISON -{FOREMAN} HARMON MATTHEWS SUSAN PARSONS LEANNE COSMAN JUDY LAHNAM RICH LATHAM JAMES HENDRICKS GARY TAGUE JANET CLARK DAVID DUSAL CYNTHIA ENFANTO TESSA ERICKSON
All live in Umatilla County, Oregon How would YOU like a jury like this. Were they paid off, drunk, drugged or just plain stupid? The "WHO CARES" attorney was David Jay Leftcowitz of Portland, Oregon. Who's side was he on, as if we don't already know?
The other attorney was Michael Gilbertson also of Portland, Oregon. Had either one of them ever hear about Daubert or Frye? The plaintiff only had 30 days to file an appeal but did not get the files until 3 months later. No other attorney would take the case without first seeing those files.
Gilbertson and Leftcowitz would not file an appeal without $10, 000 up front. Where was the money going to come from? The first attorney was DANIEL J. HILL of Hermiston, Oregon. He walked out on the case after the plaintiff caught him telling the defense a lie.
The plaintiff had a halo on and it was held in by "skull Pins" inserted into the skull. One of these "pins" became infected and had to be removed by the doctor. A "pin" was shown to Daniel J. HILL and was to be used as "evidence" if needed. This pin site developed into a massive skull infection. {Could this be what the jury was laughing about?} The infection was "anti-biotic resistant".
The plaintiff was also suffering from bronchitis and a sinus infection during the trial and wheezed and coughed all three days and was barely breathe.
{Maybe that is what they were laughing about?} He told the defense that the plaintiff had "pulled the pin out"causing the need for a third neck surgery. { These pins are screwed into the skull with a screwdriver} Come to find out Daniel J. HILL had NEVER done a personal injury case before. He played with the case for nearly two years and then walked out on it right before court. He had NO IDEA what he was doing to begin with.
During that two year period, the plaintiff went through 6 operations, a massive skull infection, two bone grafts, a halo, a hard collar, three soft collars and more pain then a person should have to endure. Daniel J. HILL was more interested in other things, like the National Guard, getting married, running for judge {he lost} and being on every committee that they would let him on. WHEN did he have time to be a lawyer?
He was also DRINKING BUDDIES with Judge Jack Olsen, who was the judge in this case. By the way, OLSEN retired right AFTER this case. Was it a coincidence that Olsen retired and that the plaintiff was fighting a $900 million company? Maybe that is why Daniel J. HILL walked out on the case too? Have YOU ever heard of doughnuts that were so funny a jury laughed about them for three days?
Maybe it was the wrapping paper that those doughnuts were wrapped in that was so funny? Who knows $900 million goes a long way. The insurance company for WILBUR-ELLIS is RANGER insurance out of Texas. The plaintiff's insurance Company was COLONIAL OF CALIFORNIA based in Lake Oswego, Oregon. They are bad about not releasing the P. I. P. The P. I. P. was to be released within 2 months, they would not release it for OVER 5 MONTHS.
Daniel J.Hill said "LEAVE IT ALONE"!!!!{ Hill is now running for Board of Directors for Blue Mountain Community College in Umatilla County"},but maybe he should stick to issuing dog tags. Because:... with a lawyer like that WHAT else can you expect? RANGER told him that they don't pay anything until the case is settled, BUT he kept after them. Meanwhile the plaintiff was bedridden with a broken neck while he played with the case. The plaintiff had no other way to pay for the $25, 000 surgery. FIVE MONTHS with compression on the brain is not healthy, but HOW was the plaintiff going to get that kind of money when bedridden?
HOW DOES THIS INVOLVE YOU?????
1. The plaintiff filed bankruptcy on this $100, 000 in medical bills. Where do you think the hospitals are going to get there money back? FROM YOU!!! Through higher medical insurance.
2. The doctors need their money back too. Guess who gets stuck with paying them through higher medical bills?
3. Higher taxes; The plaintiff is crippled for life and can no longer work so YOU get to support the plaintiff.
Wasn't that just wonderful of the jury to allow YOU to pay for all this. Maybe THAT was what they were laughing at in the jury room. Maybe THEY knew if the plaintiff lost, YOU would have to pay the bills. BUT they forgot something; THEY have to pay for it TOO! Now if you think that a large settlement from an insurance company is going to cost money, THINK AGAIN!!!
When you pay insurance, YOU are paying some person a MORE then $250 MILLION a year salary !!! TRUE!!!! Here is how your payment breaks down. 28%- attorney fees 15% pain and suffering-{ this is where the settlement would come from} 12 % fraudulent claims 45% stays with the company That 45% goes to pay the $250 MILLION salary.
Don't YOU wish you had a job like that. This person is paid to think up ways to get more money out of YOU. The 15% is where the settlement would have come from. The insurance companies want you to think that you will pay if they have to pay out a large settlement, BUT NOW YOU KNOW THE TRUTH! That much money would come into the community where the plaintiff's taxes would help the community, BUT the JURY chose to let YOU pay rather then WILBUR-ELLIS who caused the accident in the first place. EVERY time THEY cause an accident YOU end up by paying for it. WILBUR-ELLIS has caused several accidents, Their driver GARY WAXBAUM had caused two in a short period of time. Waxaum also had several reckless driving tickets before this accident.
What kind of idiot uses a 6, 000 pound truck as a weapon. Maybe he thought that the plaintiff was going to take his parking space. Maybe that is why he ran the OTHER person down too? This is what happened when the plaintiff's belt was snug and the plaintiff was then shoved against it by this 126, 000 pound impact.
This may sound like a sob story and maybe it is, BUT maybe by reading this YOU will get mad enough to help get the laws changed so YOU don't have to keep paying for accidents caused by companies like WILBUR-ELLIS. Thank you
doghouse@ucinet. com
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