The front end of the Volkswagen was bent in badly, the steering wheel was bent, and Ruscoe suffered what Dr.
Lucas, the attending physician, described as a "moderately severe cerebral concussion. Lucas listed his findings, as follows:. Ruscoe testified that he had a large knot on one side of his head, a small one on the other side, cuts on his hands and arms and a bruise on his chest. He complained constantly of the severe pain in his head and remained in an irrational, confused and agitated state of mind from the time of the accident until his death.
He was unattended in the hospital from midnight till 4 a.
They all admitted this on the witness stand. In criticizing Instructions 3 and 4 for the plaintiff, defendants-appellants attempt to relitigate the concept that not only does the determination of proximate cause by the jury apply to tort actions, but also to the interpretation of insurance contracts.
We pointed out in Zurich that Mississippi crossed this Rubicon many years ago, specifically in Even the four doctors were not sure as to the proximate cause of Ruscoe's death. The question of the proximate cause of his death was properly a question for the jury to answer.
The matter was properly submitted to the jury under instructions which, taken and considered as a whole, fairly present the applicable law. The fact that the defendants secured some rather strong instructions on their theory of the law should not militate against the plaintiff, whose instructions were proper statements of the applicable Mississippi law.
The decision in Zurich is decisive and determinative of all the issues in this case. The verdict of the jury, and the judgment based thereon, is well supported by the evidence. We affirm the judgment of the lower court. Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
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Click on the case name to see the full text of the citing case. Home Browse Decisions So. May 27, Attorney s appearing for the Case Roger C. Your Name. Your Email. Lee after p. Likewise, Mr.
Therefore, even if the alibi testimony had been admitted into evidence it could not have affected the outcome of the case because that evidence did not negate Mr. We will not give up.
Our criminal justice system is desperately in need of reform. The obstacles to getting a new trial are simply too great.
There was a credible alibi witness who was with Adnan at the precise time of the murder and now the Court of Appeals has said that witness would not have affected the outcome of the proceeding. We think just the opposite is true. Why fear a retrial? Conviction reinstated by Maryland Court of Appeals.
Bob Collins was with Minnesota Public Radio from That met the first of the requirements Syed needed to get a new trial. From the perspective of the defendant, there is no stronger evidence than an alibi witness.
Adnan Syed Podcasting Podcasts Serial.