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Tonesky

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Everything posted by Tonesky

  1. I've already followed up that I had not read the statute or opinion, and that my comment was based on a news story I read suggesting the Court made issue of her failure to put on proof tracking the requirement of the statute. But, this is BS. I did not remotely suggest that using magic words would have won the day. I have already agreed with the opposite - that the outcome was preordained and the opinion was written to reach that preordained outcome. On the other hand, what I suggested generally is fact. ALL proof of medical causation in Texas must be based on a reasonable degree of medical certainty, and not possibility. The jargon "reasonable medical probability" is typically used, but is not required. Failure to meet this standard results in exclusion of the medical testimony and is typically fatal to a plaintiff.
  2. I’m not missing anything. I have not immersed myself in the opinion, and I’m not saying this was a singular determinative issue. I have no doubt they would find whatever was needed for their desired outcome. But, I’ve read reporting that the opinion states she failed to present evidence based in reasonable medical probability. And, as initially stated, IF SO, that was a huge mistake.
  3. My statement was IF it is the case that…. But, your post tends to confirm that to be the case. “Reasonable medical probability” is both in the statue and a term of art required to support medical opinions in Texas courtrooms. The lawyer proferring the expert testimony should have prepped the witness to know the crucial need to use those magic words, and then teed up a fat pitch straight down the middle.
  4. If Cox’s lawyer truly failed to ask the expert witness physician if his/her opinions were based in reasonable medical probability, that failure was both idiocy and malpractice. Still, fuck Paxton and the Supremes.
  5. So, when using powder, do you just put the chile powders in the vitamix with the same amounts of water, oil, garlic, and ground cumin you would use if making with reconstituted dried chiles?
  6. Karen forgot a key word....
  7. I'm talking more about stalled cars and wrecks - particularly in town (Houston). I keep it on most of the time just for freeway traffic alerts. An alert that there is a wreck ahead, without telling me whether I should move left or right before I get to the backup, is not particularly helpful.
  8. I still prefer Waze - but would like it a lot more if it allowed hazard reports on the freeway to designate a lane, or at least left/center/right.
  9. * except ousux, aggy, Yormark, and Mar.
  10. MVP chants, my ass. Adios, motherfuckers!
  11. I think Ewers is leaning a bit more towards declaring for the draft….
  12. Wow! Seems like that should have been Taaffe!
  13. Este [“Sorry, you cannot give any more rep today.”]
  14. See what happens when you win the fucking coin toss!
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