Tuesday, June 26, 2007

Witness for the Plaintiff

We just received this police report from Palos Hills, Illinois. The case involves a little girl who was getting an ice cream from an ice cream truck which had its "Stop - Children" sign activated. Unfortunately, a passing motorist didn't heed the sign and struck the child as she crossed the street to a park.

The police arrived and took statements from various witnesses in the area. Note the police officer's note regarding witness number 3. Click on the image for a larger view.

Apparently, the police officer didn't think that blindness prevented the witness from "witnessing" the accident. Sure, a witness has other faculties at his or her disposal. One can testify that the car "sounded like its engine was racing" or "I could feel a strong breeze from the car as it went by". Maybe the blind witness could even testify he or she heard the child "fly into the tree"; however, when it comes to describing the operation of a passing car and giving an exact speed, I would think that vision would be a requirement.

Should be interesting.

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