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#138467 - 09/14/01 04:22 AM An odd situation
Florian Offline
Like everyone else, my thoughts have of late often been of NYC. They still are.

But, life does go on. And as always it's strange. I have a strange thing happening.

For the better part of two decades I've planned to retire from the FD at 20, which I did last month, and try my hand at scuba on a professional basis. Who knows, maybe I'll be good at it and maybe I won't, but it's what I've wanted, and what I've planned for.

Well, to make a long story short, I'm probably going to have to postphone everything by at least a month, maybe two .... because .... I've been called to testify in a case wherein the estate of a now deceased woman is sueing the estate of her deceased husband .... and General Motors .... for events alleged to have happened with regards to a one-car moter vehicle accident wherein the husband met his demise. He basicly did this by driving their overloaded station wagon into what amounts to a brick wall on a clear day and a dry road. She survived the accident but died of other causes about a year ago. They had no children.

I'm trying to study for school, close on the last of the land I'm selling (at least that came off today), and pack to leave my house and home of 17 years, and what I'm actually having to do is read and re-read my testomony from last months deposition.

I told them all along. Both sides. I've begged and I've pleaded to not have to appear at all. Everyone said, everyone agreed, I would be done, gone, by next Monday morning. Day by day it's been set back till now we're into the week after.

And school got moved, sort of, a day earlier.

I'm so mad I could spit.

When did duty, forgive me if I wax too formal here, but when was it that duty ever called and I didn't answer? I'll respond for myself and say never. Fires, tornadoes, floods, bombings, even the time an unfortunate gentleman drove his car into a dairy lagoon, everything that was ever asked of me. I've testified many times before the court and always told the full and complete truth and always tried to be helpfull to everyone involved. But this is bad timing for me.

And they, both sets of lawyers, they just don't care. They think I'm just kinda not getting my priorities straight. The case is what's important.

Maybe they are right, but can't I be wrong just this once?

And I just can't get over the fact that everybody named, in all that paperwork, and it's a mountain, everybody named as a plaintiff or defendent, except GM, is dead.

The part I just can't seem to make the suits understand, is that this wreck was over six years ago. I've see ... jezz, I don't know, 1000 ... 1500 ... patients since then. Something like that. I don't remember anything from six years ago, and what memories I did have were over-ridden, thereby destroyed, by the memories of the pictures they showed me, something like six weeks ago. Now I don't know, honestly, what I remember from the day of the wreck and what I remember from looking at the pictures.

I mean, if I thought my testemony was in any way important, I'd just bite the bullet. As it is, I have to take my lawyer, who is also my friend, with me, Monday, to beg the court to let me go. Friend or not, this is being heald a two and a half hour drive from here .... this is gonna cost me.

Well, I'll quit whining now. Man, I got to get out more. This thing now withstanding, I've got to be getting on.

I'm not under any order from the court, by the way, except to show up Monday and cool my heals till I'm told. But, I can talk of this. I would not if I had been told not to. My deposition is already public record.

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#138468 - 09/14/01 04:37 AM Re: An odd situation
seashell Offline
Ah, Florian, that is so frustrating!

You are right. You'd feel better about having your life disrupted if you had something significant to contribute. I hope the judge lets you go.

Good luck.
_________________________
A fish and a bird can fall in love, but where will they build their nest?


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#138469 - 09/14/01 04:40 AM Re: An odd situation
KC Offline
eye yi yi. Aren't the courts wonderful? Why don't you tell whichever lawyer it is that wants you to testify that if he makes you miss your school, he will be VERY sorry when you get on the stand.

Good luck with this one.

Kathy
_________________________
"You're braver than you believe, and stronger than you seem, and smarter than you think."

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#138470 - 09/14/01 09:15 AM Re: An odd situation
Florian Offline
Well, I can't do that for a couple of reasons. Mostly because I could never carry out the threat, but also because I think that somehow I'm being set up.

I don't take sides in these things, but I do think that GM is not, just in my opinion, not at fault. I mean you just can't drive anything into a brick wall at 55 and expect to walk away from it.

But here is the thing. The other side is the one calling me. I know that they know that I think, just as a personal opinion, that, well, it doesn't make sense to me, I don't see how GM is at fault.

I think that maybe a very smart and very cynical trial lawyer is about to use me in some way I'm not gonna like.

So anyway, as I've talked to this guy, this lawyer for the poor departed lady, on the phone, and I'm begging and I'm pleading and I get this impression that I'm kinda being led. I mean he's the one bring up words like 'I don't want a hostile witness' and stuff, and, like, some sense inside me perks up and, man, I just know in my heart that tape was rolling and all I had to do was say that I intended to give anything other then true testimony and, bam, whoe unto me.

Oh, man, someone tell me I'm not being paranoid. Or that I am. Or somthing.

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#138471 - 09/14/01 01:39 PM Re: An odd situation
NYgal Offline
Whoa....relax a bit. This is an extremely bad time you are living through, not only the world situation,but yours as well. I too would be on the verge of lashing out. I feel you are justified in the thoughts you are having. Take a few deep breaths....sit back and say.."I can handle all of this, given time"
I have been reading for many weeks, yours and others writings and certainly have gotten the impression that you are truly with the positives ! ! Don't let them get to you. You must take a close look at yourself. You are the most important one. (man I sound like a phych. ha ha)
It's a tough call ! Hang in there.

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#138472 - 09/14/01 03:12 PM Re: An odd situation
Sandcrab Offline
Florian, I feel for you in this. I have given evidence in court many times. You are not paranoid, definitely not, but you are forgetting what you just told us above... "You can't remember clearly what happened on that day" right? Well, it seems to me that you should tell the truth, and the truth is that you can't remember clearly what happened. I would let the plaintiff's lawyer chew on that for a while. I bet he says forget it. I won't be needing you.

Good luck,
Jim
_________________________
**Jim

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#138473 - 09/14/01 03:18 PM Re: An odd situation
NYgal Offline
Good sound advice, Sandcrab.

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#138474 - 09/14/01 05:52 PM Re: An odd situation
lmarquis Offline
Florian: As a lawyer myself, I am often placed in the middle of this situation with witnesses. I hope they have offered to reimburse you for your travel costs and witness fees (which you are entitled to). I try to be as accomodating as possible to people and usually during a trial, pretty much know the day they will be called to testify to minimize any inconvenience to them. For what that is worth. . .

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#138475 - 09/15/01 01:56 PM Re: An odd situation
Sandshaker Offline
Let me get this straight.....it's early and I've only had 2 cups of coffee....LOL

Both parties in the vehicle are dead?...
They had no children....so I'm assuming whoever is the executor of the estate is the plaintiff...correct?...and if so...is this person a relative or just an appointed person?
I'm assuming they are saying that GM is at fault due to some mechanical failure...as in brakes or a sticking accelerator pedal?....or even a seat belt that didn't hold....and if GM is not at fault....then that must mean that the driver deliberately ran the car into a brick wall at 55 mph...thus essentially committing suicide...and as such there may be a problem with an insurance payment....and somebody won't get paid.

Did you witness this event 6 years ago....or just render medical attention after the fact?
If it's the latter....then there should be records somewhere of the care given during this call....no?

I hope I'm reading all this correctly...as I said...it's early and I'm a quart low on java....LOL

At any rate....just from your writing.....I know you will stay and testify....no matter how it is really messing up your well laid plans....cuz that's the kind of guy you are.
You wouldn't be happy with anything less.....it would haunt you forever if you didn't....no matter how crazy this case is.
Am I right?

This week has brought a lot of thoughts to my mind....
We all go about our daily lives planning and living life....never really knowing what a day will bring. I won't get started....because I could go on forever about this...
Just remember Flo....you have spent your whole life helping others....probably at your own expense sometimes....you are a caregiver....and you will always be that.
The rest?....it will all come out in the wash...and it will all be there tomorrow....Lord willing.

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