May 2001 — Did They Really Say That?
This deposition excerpt in an automobile accident case comes from
Mark A. McLean of Houston. He explains that the female witness is a
co-defendant represented by Wayne Adams of Houston - and that Luke
Carrabba of Houston, who represented the "target" defendant in the case,
was trying to get the co-defendant witness to admit an act of
Q. (By Mr. Carrabba) In general, do you think if you had been going
slower, you would have had a better opportunity to avoid this accident?"
A. Well, I was going below the speed limit, so I was within the law.
And, yes, if I had been going like 20 or 25 miles an hour, I might have
avoided it; or if I had been going a little faster, I might have
avoided it. I mean, I've thought about that; but I was, you know, below
the speed limit as it was.
Q. Do you think there was any reasoning by - I'm going to object to my own question as being speculative.
Mr. Adams: Sustained. That sounds bad.
Mr. McLean: Thank you, Judge Adams.
The Witness: I haven't even seen that on TV.
Mr. Carrabba: I knew it when it was coming out. I was thinking "that is so speculative, just shut up. Okay."
November 2004 - The Dog Ate the Citation
Cheryl S. Lay
of El Paso (Leslie & Lay, P.C.) serves as an associate municipal
court judge — and she recently had this motion presented to her to
recall a warrant:
“DEFENDANT’S MOTION TO WITHDRAW A
WARRANT AND TO SET MATTER FOR HEARING”
Defendant is a teenage boy and therefore, as a matter of law, doesn’t
have a lick of good sense. Despite the fact that his parents are
licensed attorneys, Defendant felt it was the better course to not tell
them about the citations. Therefore, upon information and belief, the
dog ate the citations. …
Ray, Valdez, McChristian & Jeans
By Robin Collins, Attorney for Christopher C. Collins
Cheryl adds: “After wiping the tears from my eyes, I signed the order as Municipal Court Judge/Mother of a Teenage Son.”
May 1985 - Were You in the Military Service
Q. Were you in the Army?
A. No sir, I didn't go.
A. Well, when I was ready to leave they said, 'Well, everything is over,' and I say, 'Okay,' So I didn't go.
April 1995 - Unaccompanied By My Awareness
From Jerry D. Cain
of Blacksburg, Va. (Jerry is general counsel of Virginia Tech), this
handwritten demand letter from a person who had never been a student at
Virginia Tech - but who, because of his Obvious Flair With Words,
deserved "to have his hospital bills paid, which the university did in
exchange for a release of all claims":
Risk Management Office:
the day of Oct. 28, 1988, just prior to 5 p.m., exiting Newman Library,
turning left down the walk-ramp and coming out of underneath the
overhanging face of the library, i [sic] experienced a very overwhelming
sensation. A tremendous and sudden blow, perceived as a blinding flash,
sent me flailing to the ground.
There seems to have been a slight blank out - several seconds I cannot recall. I remember up to immediately following the impact
Very next, I remember lying in bushes near the entrance area of the
library, yelling out, wriggling with pain. By then several people had
gathered around in concern. Since the crowd could not have appeared
there immediately, at least several seconds had elapsed unaccompanied by my awareness;
I cannot remember how long.
as I had revived perception, I glanced on the walk what I consider to
be a smashed flower pot, plant matter, and soil. When asked by a
passer-by what had happened, I declared that something had fallen on me.
I cannot rightly say with conviction the nature or exact location of
the strike with regard to my form. At first I was sure I had been hit
squarely atop the head; but this seems unlikely as no superficial injury
to the head resulted. Because I was quite unsettled and dazed and then
led directly away from the scene to the infirmary and then to the
hospital, my recollection of details is vague.Based on my own feeble understanding of culture as lived by this community
, I see no reason that the wealthy university couldn't help, at least with the hospital bills, persons caused injury by the frivolous neglect of employee
Jerry adds: "I have never been certain whether frivolous neglect
is more or less egregious than ordinary negligence.
October 2005 - Let 'Em Sleep
This contribution, from U.S. District Judge T. John Ward
of Marshall, is from an employment case Ward tried recently "wherein
plaintiff was alleging race and age discrimination and retaliation for
The defense was that the plaintiff had been
discharged because of poor performance. Part of the performance issue
involved sleeping while on the job. The plaintiff was a home healthcare
The defense attorney asked the following question:Attorney:
Do any of you think that sleeping on the job is not grounds for firing someone?Juror:
I think if a person wants to sleep on the job and they can get away from it, that's their prerogative. Let 'em sleep
Ward adds: "The response brought considerable laughter from the remaining jurors."