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Wednesday, February 23, 2011

Questions in Court Decision on MO Highway Patrol Driver Examiner



In Wednesday morning's KANSAS CITY (MO) STAR- reporter- former co-worker and a generally nice fellow Mark Morris wrote of a court decision to allow a Missouri Highway Patrol driver's license examiner to sue a driver that caused the examiner an injury.


Mr. Morris reports that the driver's license examiner "Patricia Ivey" suffered a "shoulder" injury when the person who was taking the driver's test- "Clara Joe Nicholson-McBride-" reportedly "slammed on the brakes" as Ms. Nicholson-McBride came upon a red traffic light.


Some of my questions are:

1. How old was Clara Joe Nicholson-McBride-

2. Was Ms. Nicholson-McBridge a previous driver's license holder- and

3. Did the driver's license examiner Ms. Ivey give any command(s) to the person she was examining prior to Ms. Nicholson-McBride slamming on the brakes?


In addition- it seems that the decision by the "three-judge panel of Missouri’s Western District Court of Appeals" that overturned a Jackson County judge's original decision that stated "the driver’s license examiner had assumed the risk of such injuries when she took the job-" opens a HUGE can of worms.

 Let's take for an example- a firefighter at a house fire is injured by a homeowner improper storage of flammable materials.

Will that firefighter be free to sue the homeowner due to that home owner's negligence?

_________


1 comment:

Superdave said...

Wow this is going to be interesting to follow.

Guess after all these years it must mean maybe I can go sue someone who I was trying to help on an EMS call that sort of lost it and tried to kick us all to death,

I was injured and had pain from it. Gee guess if I whine enough I could get a jury to buy it.

This is so stupid are those three judges who over turned this being tested for any sort of mine altering substance abuse?