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Old February 18th 05, 02:18 AM
Dave S
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Betcha $100 to a nickel that the verdict will be appealed, and that the
punitive damages part of the judgment is drastically reduced. The
appellate courts of Texas are not plaintiff-friendly unless Texas is the
plaintiff pushing to hurry death by lethal injection.


The Appellate structure in Texas is two tiered: Criminal (such as your
death penalty appeals) takes one route and Civil (such as this case)
takes a separate but parallel route.

Something to keep in mind, is that the venue was in Anderson, Texas, the
county seat of Grimes County, Texas and Interstate Forging's home
county. Never heard of it? Most havent. Its small. The whole county was
loosely populated enough to be covered by 3 ambulances (thats where my
knowledge of their territory comes in). I've walked in the 100 year old
courthouse in the past, where this trial was held.

What I am getting at is, hometown company in a small county where
everyone knows everyone else (literally) is likely to get a favorable
jury when in a civil matter against the behemoth from out of town. So,
yea, the punitive damages may get overturned but here's the nice thing.
The trial, all of the metallurgy data, etc.. is now public record. Other
experts can go over it. It may be introduced in other trials. If the
engineering WAS (and probably IS) faulty, then its clear that one of
several things will happen, the most favorable being the redesign of the
cranks. In any event, the rotary auto engine I'm fitting right now just
took a big increase in value in my eyes.

(on a side note I dont intend to debate further, how is a 10+ year
appeal process "hurrying to death" with lethal injection" The latest
appeals have said the long wait amounted to cruel and unusual
punishment.. isn't that a hoot)