Monday, January 16, 2023

Playing With Sharks Part 9 - No, That's Really Not How That Works

Trail in the ongoing case of the pro-per Plaintiff is set for tomorrow and I am busy preparing accordingly as it may in fact actually go tomorrow.

Mr. Pro Per Plaintiff send over two new exhibits this Saturday.

That's a trifle late as discovery ended in June 2022.

Even better, one is an affidavit from his Medical Expert (He has two an internist and an allergist) in lieu of his (the allergist) testifying tomorrow.

That is very much not how this works.

Indeed, the affidavit isn't admissible as evidence as it is hearsay, and if his expert doesn't show up, I daresay he's gonna be sunk as the Internist likely can't testify as an expert as to his alleged allergy that he claims was caused by my client (But, the medical evidence actually says - No, no, it's not).

While he can get his medical records admitted as an exception to the hearsay evidence rule, he can't analyze them as he's not a doctor so this could be much fun.

The second exhibit is a printout from the CDC website regarding mold after hurricanes and floods.  

Since neither hurricanes nor floods were recorded anywhere in the entire state of Michigan, on the alleged day of the incident, I daresay that one is out for that alone, not to mention being, you know, unsupported hearsay of dubious probative value.

The idiot actually asked if I would stipulate to those exhibits.

I was disinclined to acquiesce to his request.

This trial is going to be so much fun.

5 comments:

Old NFO said...

LOL

juvat said...

Not that you'll need it, but "Best of Luck".

Rick T said...

Here's hoping the judge picks up a Clue-by-Four tomorrow to deal with the idiots.

drjim said...

Quite the story, Aaron! It'll be interesting to see how things pan out, or not....

ccm2361 said...

What an idiot, he deserves to lose