Comments on: October 6 roundup https://www.overlawyered.com/2009/10/october-6-roundup-2/ Chronicling the high cost of our legal system Sat, 10 Oct 2009 20:57:28 +0000 hourly 1 By: Gerard M. Delaney https://www.overlawyered.com/2009/10/october-6-roundup-2/comment-page-1/#comment-72712 Thu, 08 Oct 2009 04:59:09 +0000 http://overlawyered.com/?p=14033#comment-72712 Ottinger Delivers!

(tag line from Ottinger’s election campaign for what became James Buckley’s Senate seat.)

]]> By: John Hochfelder https://www.overlawyered.com/2009/10/october-6-roundup-2/comment-page-1/#comment-72705 Thu, 08 Oct 2009 00:36:56 +0000 http://overlawyered.com/?p=14033#comment-72705 Here are a few tidbits that I did not discuss in my post on the ankle fracture 10 days after the WTC bombing case:
1. The ER hospital record reflects that plaintiff told the doctors that “on my way to check my mailbox, I fell on the grass and I slipped on my right foot.” [If true, that would have destroyed her case.] At trial, plaintiff denied saying that.
2. Months later, plaintiff sent a letter to the hospital changing her account of the incident. Her doctor then edited the hospital chart, modifying her complaint from “weakness in the right leg” to “weakness in the right knee.” Her theory at trial was that her knee was injured during the 100 story evacuation 10 days before she fell and broke her ankle.
3. Plaintiff was 260 pounds.
No doubt, this case was and remains controversial and there’s a very good chance plaintiff will lose at the retrial.

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