Jackson Jambalaya

Meanwhile, Tricia Raymond at MADD is still MIA.

I wondering if the Farese Law firm representing the Pogue Estate ever got the logs/records from the JPD of the communications made the night of the Irby wreck. Does anyone know what's going on?

KF. I predict now a Rankin Co. jury would award more in a wrongful death suit for Dr. Pogue than they did in this young woman's death.

The Irby civil case will be filed in Hinds County. The Pogue estate is in Rankin County becuase that is where he lived. Venue for the civil case against Irby is Hinds County because that is where the wreck happened and that is where the Irbys live. Verdict exposure in Hinds County is generally higher than in Rankin County. But in some cases the nature of the damages (such as death) are that if there is a plaintiff verdict, the verdict will be big no matter where the case is tried. The verdict exposure in the Irby case is huge for multiple reasons, not the least of which is that the deceased were both doctors who would have made a ton of income over their life expectancy.

1:58 Thanks for the explanation on the civil case being filed in Hinds Co. I was also thinking about the money both of the doctors would have made in a lifetime had they not been killed-"a ton" as you said.

So, if a civil case is filed against Karen Irby, would Stuart Irby's personal money be Karen Irby's money? He's the one with the money. I doubt seriously she has much of her own.

The two physician's families are represented (together) by Mr. Farese. The defendent has offered a pitiful settlement offer (in advance of a case and trial) which the families rejected.

I'd like to point out there is no civil suit filed as of this time nor is it clear how many defendants there will be if and when it is filed.

KF, you are half right.

hmm...lightbulb?

I understand that Stuart isn't criminally liable, but could he be civilly liable for his contribution to the events that took place...being unable to drive IF he drove TO CCJ,buying the drinks for Karen and allowing her to drive when they left?

Don't know if the law would allow it but a jury would sure buy into that theory.

I don't believe a jury of compositional peers in a Hinds civil case is going to be pre-disposed to do any Irby any favors. My guess is the opposite. Served on a week long injury case here in Hinds ~5 years ago. My fellow compositional jurors had their minds made up in favor of the carelessly injured plaintiff after the opening arguments. By and large the group brought to the trial an imbedded shared redistributionist mindset before they walked in the door. Something tells me that a Hinds jury won't find it difficult to gore the Irby ox.

It's been argued on this blog by some bloggers that Karen wasn't charged with DUI immediately in part because it's an easily defendable charge in MS.

I notice here that the charge is DUI HOMICIDE. Will they argue this is an easy slide as well?

Also, I still have not had those who argue " medical costs" as an explanation for Karen's delay in arrest address the issue of medical costs WHILE ON BOND. I still find it hard to believe a person on bond with INSURANCE would be taxpayer responsibility AND that the accused could be denied medical treatment of THEIR choice IF they can pay for it. NOR do I believe that a taxpayer would have to pay for plastic surgery or that the person charged could choose their physician. I suspect the jail house has a system for medical treatment in place. Contractual?

I'm still at a loss to understand why those under arrest WITH health insurance are taxpayer responsibility .

I GET if they are uninsured or if they cannot pay their premiums after a certain time period because of incarceration, but letting them and the insurance companies off the hook and putting us taxpayers ON the hook, is just WRONG to me.

IF our Insurance Commission has let insurance companies off the hook when those currently insured and who can continue to be included on policies are incarcerated, we need to pummel the Commission with letters.

But, if THAT is the case, us taxpayers need to protest that!

Did Karen's lawyers may have threatened to have her taken off Stuart's policy or give the Sheriff misinformation, and the Sheriff didn't have the brains to check it out or the cojones to call the bluff?

I've served on five juries in Hinds County and found they all took their duties seriously with the exception of one person in one case.

I seem to get called every chance they get to call me and I seem to get picked every time though my race, socio-economic profile,past career and post graduate degrees has me pegged as an unlikely choice.

While I agree that juries initially lean towards prosecutors and plantiff's attorneys since the inclination is to protect the community from those who do the wrong thing, I have been relieved to discover that "OJism" didn't happen, but I'm sure the losing attorneys assumed it did and probably said so publicly.

The competence of the attorneys in presenting their case and the orders given by the judge were THE most important elements in my experiences.

Interestingly, the ONE bad juror I encountered was a white male and he announced before we even picked a foreman that he wasn't going to give ANY plantiff ANY money EVER. Now, THERE'S a question that should be asked in voir dire! It was a small amount being sought...less than $5000 for actual damages.

More interesting to me still , was that afterwards, some attorneys asked jurors if they were willing to talk with them about the jury's decision making. These were invariably the best attorneys who asked.

I'm sure there are some bad juries. But, I'm not so sure it's as bad as is often assumed.

On some famous/infamous cases , if we heard what the jury heard, we'd have to rule the same way. Not all the facts or rulings or instructions make the paper. The McDonald's coffee case transcript is worth a read as an example. Also, the Ford Pinto lawsuit is worth a read.

9:45 AM the whole notion of medical costs was a gigantic smoke screen by Sheriff Campaign Contribution who knew that no one in the media would challenge him about it and even if they did he'd feed them more bullshit to derail their line of questioning. The local media -- including the JFP -- is OWNED by our Hinds Sheriff.

Hinds County, not the City of Jackson, is the responsible paying party for medical bills but ONLY if the person is in PHYSICAL CUSTODY. Do you really believe that Hinds is required to pay medical costs for everyone arrested, released and waiting trial? That is not only thousands of people every year but too many of those arrests also don't come to trial for sometimes years.

Sheriff Campaign Contribution kicks criminals to the street (releases them from physical custody) all the time in order to avoid paying for medical care. He even releases those who should rightly remain in physical custody for public safety purposes in order to avoid paying for medical care. But in those circumstances he'll do his little tap dance and claim he had to release that dangerous person because he was out of rooms at the inn and that his other guests were more dangerous than the dangerous person he released.

Sheriff Campaign Contribution could have made arrangements to book and release Karen Irby at her hospital bedside if he wanted to. But copious contributions of campaign cash do talk real loud.

Alongside the matter of the Sheriff's Irby favoritism is the massive conflict of interest brought on this situation by the fact that county-wide elected Sheriff Campaign Contribution was also serving at the time as the appointed Chief of the Jackson Police Department. You see, even if medical costs were an issue -- and they were not -- the costs were the concern of the Hinds County Sheriff NOT the Chief of JPD.

The Chief of JPD was obligated to direct his staff to make the arrest but was conflicted from doing so because the other elected hat he wore was there on his head in large part via the generous contributions of Irby largesse. That same conflict will also loom mighty large when the pre-crash details become public at trial time.

Early retirement anyone?

I think the issue is whether the concept of negligent entrustment applies to Mr. Irby and goes past his insurance policy to his assets.

My understanding is that the inmate care was for indigent prisoners, not those with insurance.

The JFP won't say much because Natalie Irby used to work for Donna and is good friends with her not to mention Mr. Irby funds Crossroads and serves on the Board with Mr. Stauffer. Indeed, their first headline on this story did not mention the doctors' deaths and wasn't mentioned until the third paragraph. Only when several commentors pointed it out several days later did Ms. Ladd change her headline.

As for the favoritism, Mac deserves to catch heat for it, not that he cares because he doesn't. Also Mrs. Irby shouldn't catch the heat for it as she was incapticated, her husband was in a coma as well so that means there was one family member that was able to pull strings, if they were pulled. Alot of the early mistakes in this case angered many people and justifiably so but the outrage should be directed somewhere else besides the two people who were pretty much incapable of even ordering a hamburger.

My condolences to the McCrory family who lost their 19 year old daughter Courtney in this tragic, senseless wreck. I am positive that these past 9 years have been more than difficult for this family and no amount of money can ever replace the life of a child. You can never fully realize the heartbreak unless it happens to you, until it's your child. Tomorrow is not a promise. For some of us, this lesson was learned too late.

Seems even the highly conservative jury of Rankin Co could not deny these plaintiffs. What i thought was very interesting in this case: Carter, the man driving the rig, was arrested AT THE SCENE and charged with DUI Homicide. Could it be said that the city police/sheriff have much influence over the verdicts of these types of cases? It starts with the police & media which, of course, influences a juries opinion. How could it not?

Thank you 10:56 and KF for your answers to my questions.

The answers were as I expected but needed confirmation from those with more knowledge of how the system works.

Your point about who directed post accident events is well taken.

But, now that hamburgers can be ordered, what happens?

If those hired while Stuart and Karen were incapable are still on board and if whatever strategy developed during those days is still in play, then that has to be with Karen's and Stuart's agreement, does it not?

To me, this seems to be where it could ethically dicey if financial interests and individual interests are ever in conflict.

I think its pretty simple regarding her arrest at a later date, they did not want an incriminating-looking mugshot. Imagine the injuries, the reconstruction, and ultimately the severity of the injuries/wreck. It puts a truly emotional spin to the story.

As for the CL, JFP, MADD, etc. - I think that it is amazing the way they have participated or not participated in the reporting and making statements regarding this incident. Here are a few of the organizations that serve the public according to their mission. I have yet to see them fulfill that mission regarding the Irby incident, maybe I have missed something...

I suspect Mrs. Irby has little say over or control over anything. She can fire her attorney all day long, but she still has to pay for one and I also suspect she wasn't given unlimited access to the family funds. If she is guilyy she is guilty but she also deserves her day in court as well and a chance to tell her side of it and prove her innocence. For all we know something might have happened. I have a hard time believing someone who had 2 or 3 glasses of wine and was only a .09 (and I'm assuming it was wine) suddenly decides to go that fast. There is something else there and is another reason she should have her day in court.

Why does MADD even exist in Jackson, MS?

Tricia Raymond has proven to be completely and utterly incompetent in her position as executive director (not limited to just the Irby case). At least make a statement or send out a press release regarding some of the recent DUI deaths. Remind the public of the dangers and consequences of driving under the influence. Truly pathetic.

I would encourage anyone who agrees, to contact the national office of MADD.

http://www.madd.org/About-Us/About-Us/Contact-Us.aspx

This organization does a lot of fine things (on a national basis). It is so SADD that the residents of Mississippi are subject to "politics" with regard to such a serious issue, drunk driving related deaths.

I remember last year discontinuing the New Year's Eve MADD Taxi program so they could work on stronger triggerlock legislation.

Does anyone know how that turned out?

Even if the Pogue and Dedousis families got 3 times this judgment, it won't have that much of a financial impact on the Irbys.

$6 million , oh, that's a what? a plane? Chartering a private jet for a couple of years would be awful?

There's no financial deterrent or penalty at play here ESPECIALLY if tort reform caps apply.

Tort reform caps should have been tied to a percentage of net worth.

If you've got a billion, a million is chump change. If you make $500 bucks a week, you'll never recover from a $100000 judgment.

And, there should be financial risks for those who file suits without factual merit...or at least some judicial enforcement of the ethical rules in place.

And, if there are no criminal risks then civil judgment risk becomes a profit decision ONLY. That's exactly the decision Ford made ( headed by Iocacca) in the Pinto case...a formula for how much the known deaths would cost in civil suits vs the cost of adding an O ring to keep the gas tank from exploding.

There is no cap on economic damages...... which would probably include future earnings.

The economic damages in EACH of these cases will be in the tens of millions.

Did anyone find out who the Irby car was titled to? Was it a personal or company vehicle?

Very good point. Although, I do not think it is relevant. They sold the company to an European company a few years ago.

Might be very relevant.

10s of millions sounds big until one looks at the net worth.

You can spend $10 million to buy one private jet.

$30 million not only won't put them in the " poor house", they'll still be multi-millionaires.

And, if the victims had been teachers, economic damages would be nothing .

If the corporate entity didn't own the car, I'd be shocked if the entity didn't buy the car new originally, put a couple of thousand miles on it and sold it to them at a " depreciated" value. Of course, they drove it from the 'get go'.

That's one of the things one can do if one has enough money. Sorta like if you have a hunting camp, you can get your car tag in that county with the low ad valorem.

The lifestyles of the rich aren't like ours.

Yessiiirrrreeeee.

A highly comp'd Crisler supportin' Gore/Kerry/Obama contributin' NEJammer Democrat attorney has a spread of land in another nearby county where the taxes are low, low, low. Nothin', I mean nothin', on the land but an address # in big black letters on the mailbox out at the rural county road.

All the family rides are registered there. Benz, Escalade, 7 series Bimmer, lifted Chevy 4WD huntin' truck, V8 speedboat. Each one of 'em tied to that little mailbox while fellow donkeys Eddie Fair and Malcolm McMillin look the other way. Hmmmmmm, I $$$wonder$$$ why?