Tuesday, January 26, 2010

Plantiffs seek physical and mental exam of Stuart Irby

Note: Stuck watching a hearing for a few hours. Posting this during break and will write more later.

Stuart Irby's lawyer filed a Motion to Quash on January 14, 2010. Mr. Irby was subpoenaed by John Farese, to give a deposition on January 18, 2010 in the wrongful death lawsuit filed against Mr. Irby and his wife. The Motion to Quash claims Mr. Irby does not have any recollection of the night of February 11, 2009 and Dr. Evans is the treating "physician" even though she is not a medical doctor. Copy of motion

The plaintiff's responded with a response and ask the court to order Mr. Irby to submit to a physical and mental medical exam. They also point out Evans is not a physician and thus not qualified to offer any medical opinions to the court (The exhibits are worth reading.). The response accuses Irby and his lawyers of engaging in delaying tactics and cited Mr. Irby's wreck last week as supporting evidence. Copy of response

14 comments:

KaptKangaroo said...

2003? Who proofreads this stuff?

Anonymous said...

This gets even more outrageous. I guess after killing two doctors his lawyers figure doctors don't have any specific talents to offer society.

Anonymous said...

Just read the Evans letter - if this isn't practicing medicine without a license I don't know what is. She needs to have a lawyer explain the term "scope of practice" to her.

Anonymous said...

Ph.D. Evans portrays a Stuart Irby who could experience a stroke and/or cardiac arrest seemingly at any moment. So, did Ph.D. Evans advise, urge, counsel or warn Stuart Irby not to operate a motor vehicle?

Anonymous said...

A lot of posturing and wasting time. Stuart is NOT going to cooperate at all. Judge will have to compel, wonder if that will happen. I would think the Criminal trial would have precedence in terms of timing. I would think that Karen's attorney would seek to prevent any and all statements out of the record vis-a-vis the civil suit. In this regard, I understand, I would expect that she be provided the best defense possible.

Now, the Dr. is completely at issue here. I know that we cannot see the medical records, however, if the plaintiffs are claiming what they outline as anywhere near truth, this doctor is putting her reputation on line, read "paid for" testimony. I think it will be interesting to see if the medical records show up on Stuart to the plaintiffs. There should be ongoing treatment, notes of said treatment, concerns, warnings, etc.

Finally, knowing the trickery that attorneys enjoy, the leaving out of the affidavit of "truthful" responses, is in my mind sanction-able after the plaintiff's "good faith" request was made to correct the "mistake." What may have been a mistake now appears deliberate. Now everything should be in question as a delay or deliberate attempt to stall/prevent justice by the defendant's attorney.

I know, I know, this might sound like a high bar of professionalism to reach...wonder where the judge will set the bar.

Anonymous said...

Some explosive stuff in there. Booze and drugs will do it every time.

Anonymous said...

Did Farese actually file a signed notice of depo? The opp side is not compelled to respond to anything unsigned.I wonder why he would attach an unsigned/unfiled copy.

Anonymous said...

I think the timing of this 'accident' is very INTERESTING...How convenient that this 'accident' occurred around the same time all of these motions were filed. Just sayin'.

The Butterknife said...

Not that I don't think that the doc is full of crap, but she IS a neuropsychologist. She is able to testify to his ability to recall events related to a traumatic brain injury. That's what neuropsychologists DO. She is NOT, however, really qualified to say that he could suffer a stroke/heart attack from doing that without supporting evidence from Mr. Irby's cardiologist or attending medical physician. (Since if he's a methodist rehab he should have one of those as well)

KaptKangaroo said...

I cannot believe the sloppy work illustrated by everything in this case at this point. If these jokers were in the corporate world and made the simple mistakes:

1. "2003"
2. No response upon reminder of insufficient information (affidavit).
3. Clear attempt to avoid, with no response (defendant).
4. Filings with no signatures, stamps, dates, etc. (plaintiff)
5. No real attempt to represent/defend/claim in "good faith." (defendant)
6. Hiring a doctor that cannot make the claims b/c she does not have the credentials to be a CARDIAC expert.
7. Using sophomoric tactics to avoid having to face the inevitable (weak attempt I might add).

...All involved would be FIRED. And I might add, no more money coming their way.

I mean its not like someone stole a pack of gum here.

I cannot believe the strategy is "I don't suck as much as the other."

Kingfish said...

the subpoena for the video deposition of Stuart Irby was filed on November 30.

Anonymous said...

For those of us who are not attorneys, when the Plaintiffs' attorneys submitted "Requests for Admission" to Stuart Irby in which they asked Irby to "admit" to certain statements (Exhibit E of the Plaintiffs' Response to Stuart Irby's Motion to Quash the Notice of Deposition), does that mean that the Plaintiffs' attorneys actually have evidence that those particular statements are true? Or are at least some of those statements just theories that the Plaintiffs wanted to get Irby's reaction to? Request for Admission No. 25 is particularly interesting: "Please admit that you caused Karen C. Irby to lose control of that vehicle and to travel into the lane of travel of Dr. Daniel Mark Pogue's Chevrolet pickup truck and collide with that truck."

Anonymous said...

I'll have to say, I , too, am appalled by the sloppiness of these and other copies of court documents filed that have appeared on this site.
Aren't the attorneys/judges reviewing these documents before they get filed?
I'd hate to think they did and were so poorly educated or so inattentive as to catch such obvious errors.
I get the clerical/paralegal staff in the criminal/personal injury world may not be paid enough to get the best, but the lawyers/judges should catch these kind of errors.

Anonymous said...

Admission number 25 is interesting.
A screaming match that got physical in the car has always been the most logical explanation to me given what I know.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.