 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Huber v. City of Casper11/5/1986
ng sued civilly if this got out and that Ward was afraid for his job. And Mr. Huber was quiet for a few minutes and thought about it. And he said that they had talked to their attorney and they talked to his brother, Mike Huber, and that they all felt that they didn't have anything to worry about and for them just to keep their mouth shut and not to say anything about it."
At trial Sharon Hedges testified:
"Q. Do you recall telling them during that conversation that Doctor Huber at no time got out of the van?
"A. Yes.
"Q. At any time have you spoken with Brad Ward about this incident?
"A. Yes.
"Q. Do you recall when that was with respect to the incident?
"A. One time a couple of days after and a couple of times after I talked to the police.
"Q. Did he at any time tell you not to say anything to anyone about this incident?
"A. The first time, yes.
"Q. What did he tell you?
"A. He asked me if I had told anybody, and I said no, and he asked me not to mention it.
"Q. Was this the following Monday?
"A. I believe it was Tuesday."
If the proper standard of review is employed, the trial court could properly believe that Dr. Huber drove his vehicle to the scene of the accident and that he temporarily parked it or slowed down; that he never got out of the vehicle and was always in control; that after being hit in the rear by the motorcycle he drove by the motorcycle, lying on its side, and that the motorcycle driver was within two to four feet of the motorcycle; that Dr. Huber saw damage to his van at the police station; that his account of the accident at the police station was evasive, incomplete, false and did not comply with the requirements of an accident report.
The trial judge, Jerry A. Yaap, is an experienced, capable judge and lawyer, and it is small wonder that he did not believe Dr. Huber's incredible explanation. Dr. Huber would have the trial judge believe that a phantom motorcycle gang was pursuing him; that after he stopped, if he did, some force, not unlike the sinister force that erased the Nixon tapes, removed the vehicle from harm's way; that Dr. Huber was fearful of further pursuit by the mysterious motorcycle gang on the way to the police station, into the next day and perhaps even now. Because of his fear of the motorcycle gang, Dr. Huber didn't want anyone to find out about the accident or who he was? Dr. Huber's friend did not want the Casper police to do anything about the accident, again, because of the fear of the motorcycle gang and his job?
Where is this phantom motorcycle gang? What "force" removed Dr. Huber's vehicle from the accident scene? There is not the slightest indication in the record that there was ever a motorcycle gang, except in Dr. Huber's head.
"The wicked flee when no man pursueth: but the righteous are bold as a lion." Proverbs 28:1.
Dr. Huber can hardly be faulted for not wanting the Casper police to know a great deal about the phantom motorcycle gang or the sinister force that removed him from harm's way. It must be remembered what happened to Jimmy Carter when he reported that an amphibious rabbit attacked him.
I would affirm the intermediate court of appeals in its affirming the trial court.
Page 1 2 3 4 5 6 7 8 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|