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Originally Posted by Brian_Ward
Originally Posted by heavywalker
That is why many of us would like to know what the pressure actually was?

Was it tested in a Lab, with a pressure barrel?

If it was and it fell within SAAMI spec then we can conclude that it may have been a design flaw that caused the failure. However all that Brian has provided is that they were at max but not over, with no backup info is suspect since by his own admission he was well over book max for the cartridge.

Just what exactly are we supposed to take away from this if we don't know the facts. Brian would like us all to not buy anything from TC, which is obvious. But the lesson could easily be don't be a dumbass when you reload and think you know about pressure when you really don't know about pressure.


heavywalker,
I don’t think anyone will acusse you and a lot of other people on this forum of mincing words. HAHA!

I got the information from my gun expert, and load data software.

The T/C Arms team of experts and lawyers never took my (cartridges, components, etc. or similar) performed pressure testing and submitted Brian Ward’s load produces XX,XXX amount of PSI. In my opinion it would have definitely proven all the ranting and raving about over pressure rounds false.

In turn and unknown to me until trial, my team matched that action (stupidly in my opinion) and did not get a lab test for my rounds and relied on load programs as far as I know. Later the defense was able to get that evidence from my expert and load programs thrown out and the PSI of my cartridge’s was not allowed to be presented to the jury.

Kind of frustrating to say the least. In my opinion the jury does not hear even close to the whole truth in a case.




So, who is this "gun expert" of yours? That question has been asked very plainly many times and never once answered.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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When this dead horse wakes up it's going to stomp the snot out of you fellas for disturbing the peace.


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I am..........disturbed.

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Only dont' try to shot that horse with the T/C and incompetently loaded reloads....


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Originally Posted by Brian_Ward
Originally Posted by heavywalker
That is why many of us would like to know what the pressure actually was?

Was it tested in a Lab, with a pressure barrel?

If it was and it fell within SAAMI spec then we can conclude that it may have been a design flaw that caused the failure. However all that Brian has provided is that they were at max but not over, with no backup info is suspect since by his own admission he was well over book max for the cartridge.

Just what exactly are we supposed to take away from this if we don't know the facts. Brian would like us all to not buy anything from TC, which is obvious. But the lesson could easily be don't be a dumbass when you reload and think you know about pressure when you really don't know about pressure.


heavywalker,
I don’t think anyone will acusse you and a lot of other people on this forum of mincing words. HAHA!

I got the information from my gun expert, and load data software.

The T/C Arms team of experts and lawyers never took my (cartridges, components, etc. or similar) performed pressure testing and submitted Brian Ward’s load produces XX,XXX amount of PSI. In my opinion it would have definitely proven all the ranting and raving about over pressure rounds false.

In turn and unknown to me until trial, my team matched that action (stupidly in my opinion) and did not get a lab test for my rounds and relied on load programs as far as I know. Later the defense was able to get that evidence from my expert and load programs thrown out and the PSI of my cartridge’s was not allowed to be presented to the jury.

Kind of frustrating to say the least. In my opinion the jury does not hear even close to the whole truth in a case.




Sounds like your story is changing again as you were adamant your loads weren't over SAAMI specs, yet now you say they were never actually tested by you or TC? All you've proven thus far is you ignored published load data, and seriously injured yourself due to some sort of failure. You contend headspace based on no evidence thus far while you failed to mention initially that the pistol grip broke in half. If you want to bad mouth TC say they make crappy plastic stocks, not that the action design is faulty as thus far you have zero proof of that regardless of what the jury found. What is especially damning is your lack of inclusion of all these facts in your initial TC bashing when you could have just as easily said "I sued TC and won because the pistol grip broke" but instead have piecemealed out information that supported only your story, until further pressed for more information when you suddenly develop amnesia. If I were on that jury you wouldn't have gotten a damn dime since you clearly don't seem to have any idea what actually happened. Interestingly, I also don't see any blood on the scope yet when I've witnessed others take a scope in the eye/forehead there was a visible (if not substantial) amount of blood on the scope +/- gun...

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Originally Posted by jeffdwhite
Can Quickload guess at an estimated pressure level for this?


I have been doing just that. My QL gives a choice of several brand cases, that have very different capacities.
So much of this post is murky - I'm pretty clear on the 85 gr.
of H-1000, but is 180 gr. E-tip the right bullet?
Anyhow, adjusting the seating depth way WAY out there, and with the highest capacity case, I'm seeing around 60,000 psi.
Switch to the lower capacity, seat the bullet a little deeper,
it goes to 75,000 and beyond rather quickly.
I'd really like to know what brand brass and COAL were involved in this situation, but am not holding my breath...

I will say one thing - from my personal experience with compressed loads, IF these were compressed as high as some of the scenarios QL conjures up, NO WAY were the bullets not creeping out of the case. So probably jammed into the rifling
I'd guess. Which is about all I can do without the details.[/quote]


Thanks for the calcs.

I was using Nosler Accubond bullet

Bullet creep - . I never had a rifling mark on my loads, never had a stuck bullet and when none of my hand loads moved (powder pushing bullets out) during the trial 8 years later, I tend to think they were not going to move.

Bullets were seated out about as far as I could get them and not contact the lands.

Also I took a good 30 or so to tap the case and let the powder settle....I was not mass producing round...box of 20 for a hunt.

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There's a very simple explanation for all of this. Mr. Ward blew up a gun and sued the manufacturer. But the simple fact is, if you handload and blow up a gun, there's no way to prove that the round you blew up the gun with wasn't faulty. But that doesn't let the gun manufacturer off the hook entirely.

The jury didn't think it was entirely T/C's fault, but the gun blew up and injured the Mr. Ward, so they thought he deserved something. They decided on a 60/40 split but we don't know their rationale.

That was not enough in Mr. Ward's opinion, so now Mr. Ward is trying to "get back" at T/C, the only way he knows how, by posting his version of the facts or side of the story all over the internet.

What more needs to be said? The grandiosity of the thread title says it all, don't you think?




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Originally Posted by tex_n_cal
I haven't read the whole thread, but after seeing the recent pictures I am more favorably disposed toward the owner. Originally I was inclined to think him a whiner trying to make a profit.

Apparently, the stock failed, causing the rest of the gun to strike him in the face and do serious injury. A failure of the stock is caused by the effects of recoil, not chamber pressure.

It's meaningless that his handloads were a bit above book. It was straight line force that did the damage, and his "8% over book load" probably made about 2-3% more recoil above a factory load.

The Encore is sold in calibers larger than the .300 win mag, like the .35 Whelan, .45-70, and 12 gauge, which presumably kick as hard or harder than even a warm loaded .300 mag. And T/c should have made a stock strong enough to handle anything they chamber.

I have no dog in this hunt, and I'm not gonna spend hours researching the case and technical details. If someone finds different details that blows up my theory, more power to them. But if some product fails and badly injures me during reasonable, normal use, I'd sue the manufacturer, too.


TC Arms changed the Encore stock after my accident to a thicker profile....but that was completely unrelated and for aesthetics according to what was presented in trial

I personally did not believe it, do you?

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BOOOOOOM!!!!


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Trump being classless,tasteless and clueless as usual.
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Sorry, trump is a no tax payin pile of shiit.
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Originally Posted by RWE
Originally Posted by smokepole

Originally Posted by RWE
The gun fell and broke the stock as gravity and momentum closed the action?


What he said in the other thread was, the action blew open and that's what broke the stock. I have an Encore muzzleloader, and if it blew open and fell to the ground, I could see how it could easily fall in a closed position like that.

It doesn't really matter though, that photo proves nothing. No one here knows the circumstances under which it was taken, or whether it's an accurate portrayal of what happened. Could have been staged, or it could have been disturbed.


What does matter is that we've been led down the "catastrophic failure" path, talking loads, head space, faulty design and other guns out of tolerance, pressure, SAAMI spec, etc and trying to get more information of same, with visions of Steelhead's vaporized Savage in our heads.

Come to find out by the photo that the gun is actually "intact" by most accounts with the exception of the stock, posts from other forums where the OP can't recite what actually failed on the gun, and only a hypothesis on the mechanism of injury,

Seems awfully light for a 10 year trial synopsis.

Steelhead's right. This is a post by someone trying to defame the plaintiff.


Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.

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Originally Posted by Brian_Ward

TC Arms changed the Encore stock after my accident to a thicker profile....but that was completely unrelated and for aesthetics according to what was presented in trial

I personally did not believe it, do you?


I sure as hell don't.

But when they get sued for someone using handloads in their gun, despite a warning saying not to use handloads in their gun, my guess is they thought a little more idiot proofing was in order.

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Originally Posted by Brian_Ward
Originally Posted by heavywalker
That is why many of us would like to know what the pressure actually was?

Was it tested in a Lab, with a pressure barrel?

If it was and it fell within SAAMI spec then we can conclude that it may have been a design flaw that caused the failure. However all that Brian has provided is that they were at max but not over, with no backup info is suspect since by his own admission he was well over book max for the cartridge.

Just what exactly are we supposed to take away from this if we don't know the facts. Brian would like us all to not buy anything from TC, which is obvious. But the lesson could easily be don't be a dumbass when you reload and think you know about pressure when you really don't know about pressure.


heavywalker,
I don’t think anyone will acusse you and a lot of other people on this forum of mincing words. HAHA!

I got the information from my gun expert, and load data software.

The T/C Arms team of experts and lawyers never took my (cartridges, components, etc. or similar) performed pressure testing and submitted Brian Ward’s load produces XX,XXX amount of PSI. In my opinion it would have definitely proven all the ranting and raving about over pressure rounds false.

In turn and unknown to me until trial, my team matched that action (stupidly in my opinion) and did not get a lab test for my rounds and relied on load programs as far as I know. Later the defense was able to get that evidence from my expert and load programs thrown out and the PSI of my cartridge’s was not allowed to be presented to the jury.

Kind of frustrating to say the least. In my opinion the jury does not hear even close to the whole truth in a case.



Originally Posted by bobhanson1
Originally Posted by tex_n_cal
I haven't read the whole thread, but after seeing the recent pictures I am more favorably disposed toward the owner. Originally I was inclined to think him a whiner trying to make a profit.

Apparently, the stock failed, causing the rest of the gun to strike him in the face and do serious injury. A failure of the stock is caused by the effects of recoil, not chamber pressure.

It's meaningless that his handloads were a bit above book. It was straight line force that did the damage, and his "8% over book load" probably made about 2-3% more recoil above a factory load.

The Encore is sold in calibers larger than the .300 win mag, like the .35 Whelan, .45-70, and 12 gauge, which presumably kick as hard or harder than even a warm loaded .300 mag. And T/c should have made a stock strong enough to handle anything they chamber.

I have no dog in this hunt, and I'm not gonna spend hours researching the case and technical details. If someone finds different details that blows up my theory, more power to them. But if some product fails and badly injures me during reasonable, normal use, I'd sue the manufacturer, too.


The other issue is he keeps saying the action failed due to design flaws all while failing to mention the pistol grip broke in half. We have no idea if what he says is actually true regarding the action but if the same thing happened to me I'd be suing over the design of said pistol grip and not the action as ge claimed as which is more believable, a grip busting under recoil or his version of events?


bobhanson1
My story has not changed at all.


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Originally Posted by Brian_Ward
Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.


I am going to apologize for being a dick in this thread; chalk it up to to many years of dealing with the public and a level of cynicism you may not deserve, but I got to know a few simple answers.

What was the mechanism of injury, i.e. what, specifically caused the damage to your eye?

Seeing as your expert had his information rendered inadmissible, was he actually a professional or a lay expert in cartridge loading?

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Originally Posted by Brian_Ward
Originally Posted by IndyCA35
Brian, what reloading mistake did you make (according to the jury) that caused them to rule that you were 40% at fault?

Why won't you tell us this?

If you think we are going to wade through "1000s of pages" of documents from the court in some one-hourse town to find out, you're just a whining petulant …

You've wasted enough of our time. Put up or shut up.



Since you asked so nicely...I made no reloading mistake. My loads did not exceed SAAMI PSI for the 300 win mag. They were at max but not over….I was hunting for moose with grizzly walking around.


Originally Posted by Brian_Ward
Originally Posted by heavywalker
That is why many of us would like to know what the pressure actually was?

Was it tested in a Lab, with a pressure barrel?

If it was and it fell within SAAMI spec then we can conclude that it may have been a design flaw that caused the failure. However all that Brian has provided is that they were at max but not over, with no backup info is suspect since by his own admission he was well over book max for the cartridge.

Just what exactly are we supposed to take away from this if we don't know the facts. Brian would like us all to not buy anything from TC, which is obvious. But the lesson could easily be don't be a dumbass when you reload and think you know about pressure when you really don't know about pressure.


heavywalker,
I don’t think anyone will acusse you and a lot of other people on this forum of mincing words. HAHA!

I got the information from my gun expert, and load data software.

The T/C Arms team of experts and lawyers never took my (cartridges, components, etc. or similar) performed pressure testing and submitted Brian Ward’s load produces XX,XXX amount of PSI. In my opinion it would have definitely proven all the ranting and raving about over pressure rounds false.

In turn and unknown to me until trial, my team matched that action (stupidly in my opinion) and did not get a lab test for my rounds and relied on load programs as far as I know. Later the defense was able to get that evidence from my expert and load programs thrown out and the PSI of my cartridge’s was not allowed to be presented to the jury.

Kind of frustrating to say the least. In my opinion the jury does not hear even close to the whole truth in a case.




You're story never changed-really? It sure looks like you were adamant your loads met SAAMI specs, yet then you admit no one ever actually measured the pressure to verify that??? We can argue whether your story changed or whether you just continue to omit details that make you look like a bigger dumbass than you do already, but at the end of the day your inability to follow a load manual and your wild ass guesses on what the pressure of a compressed load of powder aided in your misfortunes.

As I said earlier, if you were on here saying TC made a bad stock, it broke, and you had a terrible injuries when it did so, I'd be all for believing you as that's perfectly believable even with reloading errors. However, your various additions to your original story only seem to confirm you only wished to bash TC because you felt you deserved more as another poster noted above, not actually point out what was defective with the gun which only appears to be the stock (and may include the headspace based on your court testimony, but headspace doesn't explain why your stock broke in half does it?)

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One more thing to consider when hammering someone over his memory of events. Look at the judgment posted earlier in this thread. The jury came back with its verdict IN 2013. They been arguing over getting a judgment entered since then. It is really pretty damned amazing when you consider that in its most basic form a judgment in a case like this is supposed to be nothing more than a recitation of the decision of the jury and its findings. So, for two years, TWO YEARS, they've been arguing, not over the case, but simply how to write down the decision the jury has already made.

I've never seen a court around here that would have put up with that sort of wrangling for so long. But it does provide an insight into what you deal with when you have a team of highly paid attorneys, paid by the hour, and the court doesn't rein them in. AND, it makes me even more impressed that this guy was able to get a 60% verdict. This litigation had to be an absolutely exceptional nightmare in a type of litigation that is known for being nightmarishly difficult to litigate.

And further, although the damages were blacked out, I'll bet they were in the tens or hundreds of thousands and not millions. The damages don't seem that high to me. I'm willing to bet that TC spent a lot more on attorneys' fees than it will on paying out a judgment.

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Originally Posted by JoeBob
One more thing to consider when hammering someone over his memory of events. Look at the judgment posted earlier in this thread. The jury came back with its verdict IN 2013. They been arguing over getting a judgment entered since then. It is really pretty damned amazing when you consider that in its most basic form a judgment in a case like this is supposed to be nothing more than a recitation of the decision of the jury and its findings. So, for two years, TWO YEARS, they've been arguing, not over the case, but simply how to write down the decision the jury has already made.

I've never seen a court around here that would have put up with that sort of wrangling for so long. But it does provide an insight into what you deal with when you have a team of highly paid attorneys, paid by the hour, and the court doesn't rein them in. AND, it makes me even more impressed that this guy was able to get a 60% verdict. This litigation had to be an absolutely exceptional nightmare in a type of litigation that is known for being nightmarishly difficult to litigate.

And further, although the damages were blacked out, I'll bet they were in the tens or hundreds of thousands and not millions. The damages don't seem that high to me. I'm willing to bet that TC spent a lot more on attorneys' fees than it will on paying out a judgment.


The judgment is easily seen through the blacked out portion.

Your bias against corporate defendants is showing again.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by RWE
Originally Posted by Brian_Ward
Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.


I am going to apologize for being a dick in this thread; chalk it up to to many years of dealing with the public and a level of cynicism you may not deserve, but I got to know a few simple answers.

What was the mechanism of injury, i.e. what, specifically caused the damage to your eye?

Seeing as your expert had his information rendered inadmissible, was he actually a professional or a lay expert in cartridge loading?



The injury was blunt force trauma…. No powder burns or brass. What actually hit me… I do not know for sure so its speculation.

My expert is a gunsmith / firearms maker / customizer. I did not ask if I could post his name online so I will not be doing so. I don’t think he or anyone would want to be a part of the bashing....IMO mainly because people can see past their preconceived notions.


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Originally Posted by bobhanson1
Originally Posted by Brian_Ward
Originally Posted by IndyCA35
Brian, what reloading mistake did you make (according to the jury) that caused them to rule that you were 40% at fault?

Why won't you tell us this?

If you think we are going to wade through "1000s of pages" of documents from the court in some one-hourse town to find out, you're just a whining petulant …

You've wasted enough of our time. Put up or shut up.



Since you asked so nicely...I made no reloading mistake. My loads did not exceed SAAMI PSI for the 300 win mag. They were at max but not over….I was hunting for moose with grizzly walking around.


Originally Posted by Brian_Ward
Originally Posted by heavywalker
That is why many of us would like to know what the pressure actually was?

Was it tested in a Lab, with a pressure barrel?

If it was and it fell within SAAMI spec then we can conclude that it may have been a design flaw that caused the failure. However all that Brian has provided is that they were at max but not over, with no backup info is suspect since by his own admission he was well over book max for the cartridge.

Just what exactly are we supposed to take away from this if we don't know the facts. Brian would like us all to not buy anything from TC, which is obvious. But the lesson could easily be don't be a dumbass when you reload and think you know about pressure when you really don't know about pressure.


heavywalker,
I don’t think anyone will acusse you and a lot of other people on this forum of mincing words. HAHA!

I got the information from my gun expert, and load data software.

The T/C Arms team of experts and lawyers never took my (cartridges, components, etc. or similar) performed pressure testing and submitted Brian Ward’s load produces XX,XXX amount of PSI. In my opinion it would have definitely proven all the ranting and raving about over pressure rounds false.

In turn and unknown to me until trial, my team matched that action (stupidly in my opinion) and did not get a lab test for my rounds and relied on load programs as far as I know. Later the defense was able to get that evidence from my expert and load programs thrown out and the PSI of my cartridge’s was not allowed to be presented to the jury.

Kind of frustrating to say the least. In my opinion the jury does not hear even close to the whole truth in a case.




You're story never changed-really? It sure looks like you were adamant your loads met SAAMI specs, yet then you admit no one ever actually measured the pressure to verify that??? We can argue whether your story changed or whether you just continue to omit details that make you look like a bigger dumbass than you do already, but at the end of the day your inability to follow a load manual and your wild ass guesses on what the pressure of a compressed load of powder aided in your misfortunes.

As I said earlier, if you were on here saying TC made a bad stock, it broke, and you had a terrible injuries when it did so, I'd be all for believing you as that's perfectly believable even with reloading errors. However, your various additions to your original story only seem to confirm you only wished to bash TC because you felt you deserved more as another poster noted above, not actually point out what was defective with the gun which only appears to be the stock (and may include the headspace based on your court testimony, but headspace doesn't explain why your stock broke in half does it?)



I posted this before also.....

The stock breaks in bending when the gun blows open....very violent.

The excessive headspace allows gasses to act on the plunger thus allowing the gun to open. (We are not talking about a bolt gun here….the plunger is held in place with a spring That supposedly needs to be replaced after so many shots that they never tell you about.)


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Originally Posted by JoeBob
One more thing to consider when hammering someone over his memory of events. Look at the judgment posted earlier in this thread. The jury came back with its verdict IN 2013. They been arguing over getting a judgment entered since then. It is really pretty damned amazing when you consider that in its most basic form a judgment in a case like this is supposed to be nothing more than a recitation of the decision of the jury and its findings. So, for two years, TWO YEARS, they've been arguing, not over the case, but simply how to write down the decision the jury has already made.

I've never seen a court around here that would have put up with that sort of wrangling for so long. But it does provide an insight into what you deal with when you have a team of highly paid attorneys, paid by the hour, and the court doesn't rein them in. AND, it makes me even more impressed that this guy was able to get a 60% verdict. This litigation had to be an absolutely exceptional nightmare in a type of litigation that is known for being nightmarishly difficult to litigate.

And further, although the damages were blacked out, I'll bet they were in the tens or hundreds of thousands and not millions. The damages don't seem that high to me. I'm willing to bet that TC spent a lot more on attorneys' fees than it will on paying out a judgment.


Hit the nail on the head with that post!!!!

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Originally Posted by 4ager
Originally Posted by JoeBob
One more thing to consider when hammering someone over his memory of events. Look at the judgment posted earlier in this thread. The jury came back with its verdict IN 2013. They been arguing over getting a judgment entered since then. It is really pretty damned amazing when you consider that in its most basic form a judgment in a case like this is supposed to be nothing more than a recitation of the decision of the jury and its findings. So, for two years, TWO YEARS, they've been arguing, not over the case, but simply how to write down the decision the jury has already made.

I've never seen a court around here that would have put up with that sort of wrangling for so long. But it does provide an insight into what you deal with when you have a team of highly paid attorneys, paid by the hour, and the court doesn't rein them in. AND, it makes me even more impressed that this guy was able to get a 60% verdict. This litigation had to be an absolutely exceptional nightmare in a type of litigation that is known for being nightmarishly difficult to litigate.

And further, although the damages were blacked out, I'll bet they were in the tens or hundreds of thousands and not millions. The damages don't seem that high to me. I'm willing to bet that TC spent a lot more on attorneys' fees than it will on paying out a judgment.


The judgment is easily seen through the blacked out portion.

Your bias against corporate defendants is showing again.


Well, then tell me what it is because your eyes are better than mine.

As for bias against corporate defendants, TWO FRICKING YEARS AND FOUR HEARINGS about simply entering a judgment?!!! Yeah, I know it is just done to keep it in the plenary power of the court and to preserve and lengthen the time for an appeal, BUT TWO FRICKING YEARS?!!

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Originally Posted by Brian_Ward
Originally Posted by JoeBob
One more thing to consider when hammering someone over his memory of events. Look at the judgment posted earlier in this thread. The jury came back with its verdict IN 2013. They been arguing over getting a judgment entered since then. It is really pretty damned amazing when you consider that in its most basic form a judgment in a case like this is supposed to be nothing more than a recitation of the decision of the jury and its findings. So, for two years, TWO YEARS, they've been arguing, not over the case, but simply how to write down the decision the jury has already made.

I've never seen a court around here that would have put up with that sort of wrangling for so long. But it does provide an insight into what you deal with when you have a team of highly paid attorneys, paid by the hour, and the court doesn't rein them in. AND, it makes me even more impressed that this guy was able to get a 60% verdict. This litigation had to be an absolutely exceptional nightmare in a type of litigation that is known for being nightmarishly difficult to litigate.

And further, although the damages were blacked out, I'll bet they were in the tens or hundreds of thousands and not millions. The damages don't seem that high to me. I'm willing to bet that TC spent a lot more on attorneys' fees than it will on paying out a judgment.


Hit the nail on the head with that post!!!!


It is also exhibit "A" as to why so many of these types of cases go by the wayside and are never filed. I'll bet, even though he might not tell you, your attorney is sorry he ever took the case. It might equal a decent payday for him at some point, but it will be after fifteen years of wrangling with these guys and probably wasn't worth it in the end for him.

The damages have to be huge for this sort of thing to really be worth it for an attorney.

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