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Law Humor

: Say What!

By Judge Jerry Buchmeyer

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March 2005 - Did He Really Say That?

From Michael R. Ross of Houston (Tribble & Sanders), who represents the?not-so-innocent defendant (incarcerated in the state penitentiary) in an automobile collision case.?

The plaintiff was represented by C. Michael Davis of Friendswood, who filed special exceptions to the defendant?s original answer, where State Farm pleaded ?the complications and/or injuries suffered by Plaintiff and giving rise to this suit were proximately caused by pathophysiological factors over which this Defendant possessed no control.? The plaintiff specially excepted, stating: In other lawsuits answered by this defense counsel, the term ?pathophysiological factors? has been used, but has yet to be defined.

Counsel for Plaintiff has asked the assistance of defense counsel in pointing where in Webster?s dictionary, Black?s law dictionary, or a medical dictionary the term ?pathophysiological? is defined.

Accordingly, Plaintiff must specially except to an allegation using this term because counsel for Plaintiff is honest enough to admit he has no idea what defense counsel is alleging.

Full post as published by Say What! on July 01, 2008 (boomark / email).