Jury Duty

[Guest GUTTERbOY]

Here are some recent events to back this up. Do you think your salt of the earth citizens made these awards?

None of those cases are real.

http://snopes.com/legal/lawsuits.asp

[Rightwinger]

Well damn, and I thought everything on the internet was real!

This one is real folks, I was there, testified and heard the judgment.

Caught a totally disabled fellow in the Chattanooga TN area replacing the underpinning on his trailer and he also was able to mow the lawn and drive around town to get parts for said trailer.

He gets on the stand and says "I can't do nothing". I get on the stand and let the video say otherwise.

Judge says that although the claimant could apparently do more than he had stated (in most places its called perjury), that since he had only a 5th grade education and because of his age (50s) he would not be able to maintain his current lifestyle based on the income he was making when he was "allegedly" injured at work. He was awarded lifetime medical benefits, I won't state the monetary settlement, and walked out smirking at me!

What the FRACK does his education matter when he claims injury at work and then has it disproven! The answer: judges get elected from the local populace...if you keep them happy they vote for you again...and insurance companies have deep pockets. Ever wonder why your premiums keep going up even though you haven't had a claim with your company (like me).

[strickj]

Those stories have some life to them from real stories.

The reason theres a warning on smoke alarms is because someone didnt put a battery in it and the house burned down.

Thats said to be truth for most warning labels.Inventors and companies just dont sit around all day thinking of how some idiot can hurt them selves from a lack of common since.

Remember the McDonald's coffee burn?Who in there right mind would not know a hot cup of coffee could burn you...whod thunk

[Guest HexHead]

So far, I haven't heard of any excuses Judge Miller would have accepted.

"I don't care what some lawyer tells me, I can tell if they're guilty just by looking at them. "

:D

[Guest HexHead]

Well damn, and I thought everything on the internet was real!

This one is real folks, I was there, testified and heard the judgment.

Caught a totally disabled fellow in the Chattanooga TN area replacing the underpinning on his trailer and he also was able to mow the lawn and drive around town to get parts for said trailer.

He gets on the stand and says "I can't do nothing". I get on the stand and let the video say otherwise.

Judge says that although the claimant could apparently do more than he had stated (in most places its called perjury), that since he had only a 5th grade education and because of his age (50s) he would not be able to maintain his current lifestyle based on the income he was making when he was "allegedly" injured at work. He was awarded lifetime medical benefits, I won't state the monetary settlement, and walked out smirking at me!

What the FRACK does his education matter when he claims injury at work and then has it disproven! The answer: judges get elected from the local populace...if you keep them happy they vote for you again...and insurance companies have deep pockets. Ever wonder why your premiums keep going up even though you haven't had a claim with your company (like me).

Having just settled a workers comp claim, your post is a little misleading. Workers comp claims in TN are settled according to state guidelines. The lifetime medical benefit you referred to are only for complications arising from the qualifying injury. Mine was a result from a leg injury. If I get Alzheimer's, that's not covered. If I end up needing additional surgery on my leg in the future, that would be. My other leg wouldn't be covered.

If a person is injured the state has a formula they use to come up with the settlement and someone with a very low level of education and over 50 will get a higher benefit because they are less likely to find other employment at a similar income level. His monetary settlement was based on what part of the body was injured, what his impairment rating from his doctor was according to published guidelines x his weekly benefit rate which is about 66% of what he was making x a factor that probably tops out at about 6.

His doctor's report trumped your video.

[Guest BG38357]

I've been on jury duty 3 times, but not since getting my HCP 8 years ago.

[DWARREN123]

I have never been called for jury duty but my wife has three times and she is not a American citizen! Of course she did not serve once it was explained to the court.

[Guest DrBoomBoom]

So far, I haven't heard of any excuses Judge Miller would have accepted.

Mars, I agree. I called to find out where to show up, ready to serve, after having cleared off my immediate schedule. I was told that since I was self-employed, they didn't need me.

[Marswolf]

Mars, I agree. I called to find out where to show up, ready to serve, after having cleared off my immediate schedule. I was told that since I was self-employed, they didn't need me.

Boy, you wouldn't have gotten that response here.

[Rightwinger]

Having just settled a workers comp claim, your post is a little misleading. Workers comp claims in TN are settled according to state guidelines. The lifetime medical benefit you referred to are only for complications arising from the qualifying injury. Mine was a result from a leg injury. If I get Alzheimer's, that's not covered. If I end up needing additional surgery on my leg in the future, that would be. My other leg wouldn't be covered.

If a person is injured the state has a formula they use to come up with the settlement and someone with a very low level of education and over 50 will get a higher benefit because they are less likely to find other employment at a similar income level. His monetary settlement was based on what part of the body was injured, what his impairment rating from his doctor was according to published guidelines x his weekly benefit rate which is about 66% of what he was making x a factor that probably tops out at about 6.

His doctor's report trumped your video.

And that is why there are plantiffs doctors and defense doctors. The formulas you refer to are designed to fairly determine when the claimant has reached maximum medical recovery and then determine if there should be further benefits awarded. My problem, as stated was his doctor, his lawyer and he all said he was totally disabled. He had said so in a deposition, he stated so on the stand and my video totally disproved it yet he still got his life taken care of. He is probably now working somewhere under the table on a cash basis and receiving his check. Its a mill of lies and deceit. Your case is probably what the laws were designed for. If you have a permanent injury then I guess some compensation may be forthcoming but as a proponent of self determination and reliance I don't see where an employer should be responsible for more than providing a safe work environment. If a farmer has his cattle step on him who provides for his welfare? Somewhere, sometime, America is going to have to remember we are all ultimately responsible for our own lives and responsible for the choices we make.

Next week I go to trial on a case where a magic healing occured everytime this person got into their car. They would hobble back from the doctors office on crutches and the miracle occured in their apartment complex parking lot. They would get out, put crutches in the trunk and MIRACLE, they could walk normally until the next Dr.s appointment. Why this is even going to trial is beyond me. Defense has released my video to them but they are going to take the chance that something will go their way. What do they have to loose? We don't go after folks for frivolous law suits like we should. I bet if they knew they would be on the hook for about 40K in fees (mine and both attorneys plus paying back all the temporary benefits already paid) they wouldn't have filed in the first place. Ya think??

[Guest Angel 24/7]

I have served. It didn't bother me. I was on a murder trial pretty damn nasty all the blood!

[deerslayer]

I have served twice since getting a carry permit, but didn't actually get a case either time--just sat in the big waiting room and read a book and drank Coke, hoping to get picked for a big Mafia case and get sequestered for a couple weeks. My boss told me to get out of it. I told him I wouldn't get out of it even if I could. In Shelby County, nobody gets out of it, unless they simply don't show up. One friend used this method successfully. I do think there are those who shouldn't be forced to serve--single moms, etc. I wouldn't miss it for the world, though. Coincidently, my wife has it in three weeks, and I am jealous.

[G27]

Boy, you wouldn't have gotten that response here.

Yah, apparently they don't work around here either - I was summoned recently and had to reschedule as I had a trip planned when I was to serve. I asked about getting out of it as I'm self-employed and am the only 'employee' (a one man show) and serving not only means zero income, but also means I have to literally close my business the week, but they didn't budge.

Kinda sucks, but I understand - I imagine everyone has an excuse, real or not...

Anyway, the woman in the office was kind enough to schedule me on a week that has a federal holiday (Veteran's Day), so she said it was less likely I'd get seated that week.

[TGO David]

I'm thankful for those men and women, but I'm sure there are a few million people sitting on their a$$, with all the time in the world to serve on jury duty.

Do you really want those people making jury decisions all the time? I sure don't.

[Guest slothful1]

I'm sorry. I have a problem with people trying to get out of jury duty.

One local judge, now retired, made it quite plain that pretty much nothing was going to get you out of serving in the jury pool. As she put it, men fought and died so you could fulfill the duties of a citizen.

That's funny... I thought men fought and died to preserve the Constitution, the 13th Amendment of which explicitly prohibits involuntary servitude except as punishment for a convicted criminal.

[Guest db99wj]

I have not while I have had my permit, but I did get called several years ago here in Memphis. I went, I got selected, I got sequestered for a week. It was a murder trial for a Gangsta Disciple, who killed a man in a drive by/ gone crazy jumped out chasing folks, shooting them in the arse with a Tech 9, a .44 magum (with a super long barrel!) and few other firearms. This all went down in Orange Mound. This guy had Leslie Ballin (the father) as a defense attorney. (He is the lawyer, and his son, that you get when you kill someone.) He (Balin) played a bumbling, stumbling, mumbling idiot lawyer) that couldn't get a thought straight. We convicted the dude and Judge Chris Craft told us, after the trial, that the way that Balin presented his case is exactly how he wanted to do it, to give us doubt and to not convict.

We stayed in a hotel in downtown Memphis, had 3 nice meals a day, got a check a few weeks later and a letter saying I served, and they won't bother me for 10 years or so.

Very neat experience. I enjoyed it.

[Marswolf]

That's funny... I thought men fought and died to preserve the Constitution, the 13th Amendment of which explicitly prohibits involuntary servitude except as punishment for a convicted criminal.

You consider jury duty to be involuntary servitude...........

Your screen name is well chosen.

[mousegunner]

I was called up for jury duty twice. In the pool. Both times I just told the truth to the questions the lawyers asked and got booted real quick. I would like to serve on a jury, but the lawyers are really picky.

[Mike.357]

I got a mail notice about jury duty twice in my life. Once in Florida. I followed instructions on the card and was told not to report.

Once here in TN and I totally forgot about it, did not go and never heard any more about it.

If I had to serve it would cause a hardship. The courts are not going to replace my income. I really can't afford to miss paychecks. There are a few people depending on me to bring home the bacon. Now if the boss was gonna pay me anyway I would be happy to do it.

[Varmint]

IIf I had to serve it would cause a hardship. The courts are not going to replace my income. I really can't afford to miss paychecks. There are a few people depending on me to bring home the bacon. Now if the boss was gonna pay me anyway I would be happy to do it.

Evidently the employer has to pay you your mormal wage minus the jury fee.

And, by the way, I've never been summoned.

Jury Duty Leave for Employees in Tennessee

(taken from: http://business.uschamber.com/P98/P98_05_4340_TN.asp

In Tennessee, employers may not discharge or in any manner discriminate against an employee because the employee is summoned for jury duty and gives the required notice prior to taking jury duty leave This provision does not apply to employers who regularly employ less than five employees.

Additionally, employees summoned for jury duty that work a night shift or a shift preceding the hours in which court is normally held, must be granted leave for the shift immediately preceding the employee's first day of jury duty. After the first day of service, when the employee's responsibility for jury duty exceeds three hours a day, then the employee must be granted leave from the next scheduled work period occurring within 24 hours of such day of jury duty.

Notice requirements. An employee summoned for jury duty must exhibit the summons to the employer the next working day to be excused from employment for jury duty, if such service exceeds three hours.

Prior to each day's service, upon request of the juror, the person responsible shall provide the juror's employer with a statement that shows the number of hours that the employee spent serving as a juror if the service was less than three hours.

Paid time off. The employee is entitled to the usual compensation for employment, less the fee received for jury service (the employer has discretion not to deduct the fee).

Edited May 28, 2008 by Varmint
provide source

[Guest slothful1]

You consider jury duty to be involuntary servitude...........

Your screen name is well chosen.

Unless the definitions of the terms "involuntary" and "servitude" are vastly different from what the dictionary indicates, I fail to see how it could be otherwise. For what it's worth, I'd be happy to serve on a jury, but that doesn't change the fact that compulsory participation is unconstitutional.

[Im Neero]

servitude |ˈsərviˌt(y)oōd|

noun

the state of being a slave or completely subject to someone more powerful

Did you even look it up before you made that statement?

[TripleDigitRide]

I got a mail notice about jury duty twice in my life. Once in Florida. I followed instructions on the card and was told not to report.

Once here in TN and I totally forgot about it, did not go and never heard any more about it.

If I had to serve it would cause a hardship. The courts are not going to replace my income. I really can't afford to miss paychecks. There are a few people depending on me to bring home the bacon. Now if the boss was gonna pay me anyway I would be happy to do it.

Not knowing much about your situation, I'll assume you're being serious.

By law, your employer must pay your normal wages while you're serving on jury duty. That is if, you're full time, been there more than six months, and your employer has more than 5 full-time employees.

[Guest JavaGuy]

I've been called twice in my 51 years. The first time, I took the notice down to my boss - I was working 2nd shift in the I.S. department at a local department store at the time - and he went kind of pale, took the notice from me and said that he was going to check on it. What he did was trot upstairs to our H.R. department and have the H.R. vice president (who was on the Metro Council at the time) call the courts and get me out of it. Was I happy about that? No, not really... I'd wanted to go. My boss was happy since he didn't have to pull my shift for that week, but I felt kind of cheated.

The second time was earlier this year. I received a notice and told my boss again - different boss, different place of employment. When my date of service arrived, I reported.. and waited.. and waited.. I was in the third group of people selected to go to a jury selection process. When we got to the courtroom, the judge began going through the people selected, calling people up to seats, having them introduce themselves, tell what they did for a living, etc. This was an insurance case with the plaintiff representing herself.. and naturally, a real lawyer representing the insurance company. Hardly fair, but that was the choice that the plaintiff made. The judge did dismiss some of the people there on her own, based on their personal situations. Others of the jury pool were rejected by either the plaintiff or the insurance company's lawyer. Finally, I was seated... and we began hearing the case. Guess what folks.. watching Matlock or Law and Order on tv is no match for real legal school and real legal practice. While the plaintiff tried hard, she did not prove her case, and indeed muffed the whole thing with a procedural error that ended the trial early.

Our jury group had teachers, IT guys (me for one) and a cop. I don't remember any of the occupations beyond that. The cop was self-confidant to the point of being cocky, but still had a sense of humor and humility despite that. Some of his attitude might be traced to his NYC heritage.. yep, a Yankee. That's okay. He seemed to be a nice guy and is all right in my book.

I really can't see how someone would consider participating in one of the responsibilities of being a citizen of the good ol' US of A as being involuntary servitude. Yes, it might be inconvenient. It might cost you money (commissions, etc). No matter.. voting and jury duty are both responsibilities that have been bought and paid for by the generations past... that bill will continue to be paid in years to come by the generations yet to come...

If selected as a juror, your decision has to be based on the evidence, not personalities or showmanship. The defendant might be an obvious slimeball, richly deserving to be dipped into a pool of piranha one inch at a time. Still it's the evidence.. nothing more, nothing less.

Sorry to go on about it, but it does require people who take it seriously.

[Guest strelcevina]

i was called las year, i just ignore it completely.

seeing that report on news,

i call them today, ant they got me new day next month