Friday, January 29, 2010

Judge Kidd To Wait Until Febuary 8 to Rule on Irby Case

Judge Kidd ruled in a hearing this morning, via telephone concerning the motion to quash and response filed by the opposing parties in the wrongful death action filed against Stuart and Karen Irby, that he would not adjudicate the pleadings until holding another hearing on Febuary 8.

Attorneys John Farese (plaintiffs), Andi Small (plaintiffs), Richard Montague (defendants), and Tommy Page (defendants) participated in the call. (JJ and WLBT listened. It is unknown if any other media were on the call.) Montague spoke first, arguing Mr. Irby had no recollection and was not capable of providing a deposition. He said he "suffered a serious brain injury to his frontal lobe" and was "in a coma for five weeks." Irby's lawyer said the injury left him incapable of distinguishing a real memory from one based on what others told him. He claimed Dr. Clea Evans was a member of the treatment team, and even though she was not a medical doctor, had the most contact with Mr. Irby and was thus qualified to offer a professional expert opinion on Mr. Irby's ability to testify.

Mr. Farese said Dr. Evans offered "not one scintilla of evidence" in support of her claim he could not testify. He pointed out Dr. Evans' letter was not a sworn statement, she had not been deposed, and there was no medical evidence mentioned in her letter. Judge Kidd asked why Irby can not simply tell the court "I don't recall." Montague replied the stress would harm Mr. Irby.

Farese, ever the Southern gentleman who exudes a laid-back aw-shucks manner that hides a sledgehammer of a mind, called the letter from Dr. Evans "conjecture" and again pointed out she cited no evidence to support her claim and said "I'm not going to beat Mr. Irby up in a deposition." Farese argued either Mr. Irby should provide a sworn statement saying he doesn't remember anything or Dr. Evans should provide some actual medical evidence.

Farese went further and asked if Dr. Evans and Dr. Parillo (Irby's treating physician) thought that if he was incapacitated to that degree, then why didn't they take away his driver's license or have a conservator appointed for him to manage his affairs? Mind you now, Mr. Farese made these statements ever so nicely and professionally in a manner that gave signs he had maybe schooled at the UVA or the Halls of Eaton. Page admitted the parties had been in confidential settlement discussions over the last several weeks and blamed the talks delaying the deposition.

Judge Kidd ruled he would hear all motions on February 8 and that he strongly preferred to hold these hearings in his courtroom and not over the telephone. Judge Kidd also decreed he was not going to rule on the motions until depositions were taken of the two doctors. (They are scheduled next week.)

Earlier Poston Motion to Quash and Response to Motion

21 comments:

Anonymous said...

Interesting recap. With the criminal trial looming, its interesting to see the civil suit
develop and settlement negotiations working.

Is it possible that they could settle the money thing and somehow the criminal issues fade away?
wasnt there a pro sports player that settled a wrongful death and the criminal trial just evaporated?

Anonymous said...

This is interesting. Well described for us, too, Kfish. Mr. John Farese sounds like a man after my own heart.

Thanks always for the update.

Kingfish said...

What was it they said about Sulla? He had the heart of a lion and a fox and it was the fox that scared people more? That was what I got listening to Farese. the call itself was very cordial, none of the contentiousness of the hearing last August.

Anonymous said...

This will be most interesting to see how this plays out. Will Karen go free? How much will they have to pay? Will poor Stuart ever get his mind back? (he has looked and acted fine every time I have seen him....) Pictures show that he is getting around in the social circles, so poor Stuart must have some memory to get out with friends!! Poor Irbys!

Anonymous said...

Why should her criminal trial get dumped as part of her civil proceedings? Criminal proceedings are brought on behalf of the people, not private parties, and this is not justice.

It seems Mr Farese is savvy enough to notice the apparent lack of any qualified _physician_ to testify in support of Mr Irby's claims. Methodist has hundreds of them, and it is indeed curious none of them are willing to swear their agreement with the psychologist's "medical" opinion.

Anonymous said...

Does Karen and Stuart still have their drives licenses?

If so,(in Karen's case), this is an absolute disgrace, especially considering alcohol and excessive speed contributed to the deaths of 2 fine doctors. Not to mention court documents that claim Karen suffers from blackouts. Everyone I know that has had a DUI had their license suspended.

Kingfish said...

She wasn't charged with a DUI so therefore she still has a license.

Anonymous said...

KF, why was she not eventually charged with DUI? I can understand that administration of field sobriety tests was out of the question given her injuries, but surely there is some toxicology evidence taken at the hospital. Or is it the DA's thinking that DUI is small potatoes in this situation? Your thoughts?

Anonymous said...

John Booth is one of the best lawyers in the south. If anyone has the clout and ability to get through the defendants' b.s., it his him. the irby's will beg him to settle before this is over with.

Kingfish said...

He reminded me alot of Clifford Thompson.

Anonymous said...

Do we have a picture of this psychologist? I find it interesting, as well, that of all the medical personnel the Irby's have had contact with since the accident she's the only one willing to testify to his 'medical' condition.

He has never been the most ... 'steadfast' of men. Is she his type?

Did she have any debts that suddenly got paid off?

Just wondering.

I've maintained all along that Karen will walk. And that the 'lovely' community of wealthy individuals in Jackson and surrounding area will suck up to her as much as they did before. No shame in any of them.

Anonymous said...

11:32 Ms. Evans, PhD is attractive but I doubt that is what is happening.

I suspect she's a convenient " front/protective barrier" for a variety of reasons not the least of which is that IF she's a native, she's spent her formative years in Alabama,Georgia and Texas before coming here too recently to be other than naive about " how things work".

The social relationships within the community are indeed complex, sometimes incestuous and interdependent on many levels. Ranks get closed quickly as no one wants to have strife within their social groups or have their economic well being threatened.

It is not just the principles generation, but the next generations as well.


Self interest and ambition trumps morality.

Anonymous said...

Looks like the wrong couple burned alive that night.

Anonymous said...

Does anyone care to comment on the new addtion to the Certificate of Service on the recent filings -Robert Addison whom represents the Country Club of Jackson?

Anonymous said...

Obviously there has been a lot of recent air time on the Stuart Irby owned airplane. It makes you wonder if high altitude would have serious potential to "place him at risk of physical harm in addition to psychologial harm"

Kingfish said...

Sources at the airport tell me their pilot does his share of flying alone.

Anonymous said...

That's interesting KF. Flying a plane is pretty darn expensive. Wonder what the pilot is " fetching"?

Anonymous said...

1:34 at the time of the accident, there were some " explanations" of why a DUI charge would compromise the depraved heart murder case.
I will admit that while all the lawyers blogging seemed to agree that was the case, I never understood that " loophole" explanation and,like you, want it closed. We should be demanding it be closed.
It is insanity that Karen still has her driver's license even if you believe the seizure story.
It is insanity that Stuart still has his license given the court documents.
If the legal profession and judicial system wants a hint as to why they are no longer respected, here it is!
And, someone somewhere needs to remember " intent" isn't JUST about protecting the accused but the legal system exists to ensure a civilized society as well!

Kingfish said...

I'm sure other people use it plus I've been told there are hours requirements for pilots' licenses and the like.

Anonymous said...

Oh...I thought " alone" time . And, if the " alone" doesn't exceed hour requirements...

Anonymous said...

7:03 - Don't worry, they may well end up burning later, for eternity (couldn't resist - just drove by the local fire & brimstone church on the way home from church).



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