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Date Posted: 14:44:32 07/11/04 Sun
Author: NTKHC64
Subject: Re: ProJo
In reply to: sader1970 's message, "ProJo" on 13:21:02 07/11/04 Sun

I wrote what I did to provide some background info for those interested. I did so with some reluctance. While there is interest, I didn't want this to turn ghoulish, not that it has. Questions about the efficacy of an autopsy are beyond me. All lawyers and first year law students in torts have heard of the "egg shell plaintiff," the person with the thinnest of skulls who would sustain a fractured skull from a blow that wouldn't phase 99.9% of the populace. The rule is "You take them as they come (or as you find them.)" The fact that dozens went unharmed doesn't mean that the claim lacks merit. Coach Allen just might have been the 1/10,000 to pick a ratio that was susceptible to what are claimed to be the MCS activator(s). You must use reasonable care and the failure to do so must be demonstrated by a preponderance of the credible evidence as must the fact that the work/materials was A proximate cause of injury/death. Look for the contractors to implead the manufacturers of the offending products as third-party defendants and then look for them to become direct defendants.

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