UT - Gwyneth Paltrow sued over ski collision at Deer Valley Resort in 2016 - trial, March 2023 *GP Not Guilty*

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If anyone I knew was in the condition that Sikes is in with that constant hacky cough that is now going for 10 days....I would advise to get to a doctor asap. He is a mess and frankly it is such a distraction that you get lost in his questioning. He just said to excuse the cough that it is a cold??? Okay At least Owens has the courtesy to wear a mask.
 
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What does Terry’s previous career of military ophthalmologist have to do with the case today?!

He had severe hearing loss; he had a previous stroke, classified as a stroke event with his eye, had severe vision impairment, severe anxiety and depression all before his incident.

They’re talking about the man who was many years ago, not the man he was the day of the accident. JMHO.
You mean he wasn't a chick magnet even before the accident?
 
I had to leave for a bit and haven’t seen any of today’s testimony yet - I’ll catch up in a bit….but this morning they were talking about the code and ordinance regarding Owen’s motion to dismiss the after the collision part of the suit. I looked up the Summit County code they were reading from….


5-2-3: RECKLESS SKIING:

A. Reckless Skiing Prohibited: No person shall ski in a reckless or negligent manner so as to endanger the life, limb or property of any person.

B. Skier's Duty To Injured Party In Event Of Collision: Any skier involved in a collision resulting in injury to any person shall immediately stop at the scene of such collision and render to any person injured in such collision reasonable assistance, including the caring or the making of arrangements for the caring of such person by a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such caring is requested by the injured person.

C. Skier's Duty To Notify Operator/Employee In Event Of Collision: Any skier involved in a collision with another skier or person in which injury results shall give his name and address to an employee of the ski area operator or a member of the ski patrol before leaving the vicinity of the collision; provided, however, if it is necessary to secure aid for a person injured in the collision, the person securing such aid shall give his name and address as required herein after such aid is secured and before leaving the ski area. (Ord. 710, 12-17-2008, eff. 1-1-2009)

BBM - so if the ski instructor helped TS to his feet and TS said he was okay then how was GP supposed to know he needed assistance getting down the run or needed medical assistance? I suppose - unlike the judge - I am looking not only at the plantiff’s testimony and witnesses but also of the defense and the only person suggesting that it was obvious TS needed help is CR and I think he is relying more on what happened as they tried to ski down that what happened at the collision site. No one at the collision site knew TS had broken ribs or might have a concussion and the jury should not even be considering what GP did after the collision. Theor primary question should be who hit who and after that was it negligence and after that what are the damages if there was negligence. All this hoopla about failing to give name and address is just muddying the waters and should have been thrown out.
 
Going over remaining time left with judge (think I got this right?, someone please correct me if I’m wrong)

1 hr for closings each tomorrow

Leaves (for trial testimony):

203 minutes for defense left

237 minutes for plaintiff left


(This is right after lunch break)
 
I wonder if the real purpose for saying they would be calling TS back up as an adverse witness is so that he is forced to sit in the courtroom and hear Dr. Eastvold talk about how his symptoms are more likely the result of aging and onset of dementia. Then maybe question him about the things she says in her testimony.

This won't go over well with TS if so, lol

And we are back

This witness is killing it NO objective indices of post injury deficits noted 1 month post accident. Same for two months post accident.

TS never experienced post accident balance issues which are very common in even athletes who sustain concussion

1.5 weeks post accident he reported drinking excessively, concussion features a reduced tolerance for alcohol whereas his intake increased significantly.

At most he had a mild concussion if he had one at all. It is possible he never had a concussion.

Hard to make sense of why objective info isn't aligning with his reported (subjective) symptoms. She opines it could be his anxiety that increased his perception of the seriousness of his symptoms.

Some of the records offer tell tale things that I often see in seniors experiencing functional changes are beginning (age related)

She's very credible IMO
 
Alcohol intake right after the incident was high. 5-6 glasses 2-3 times a week! Apparently drinking exacerbates concussion symptoms. Ex says he didn’t want to be touched and he was grouchy.

What was going on with him? I’m so confused if these problems are concussion related or was he just obsessed with this incident. The current witness says his anxiety went through the roof after the incident.
 
You mean he wasn't a chick magnet even before the accident?
What should we assign the damages GP must pay for that?!

Kidding, of course. This is just sad. He had and still had difficulties but I don’t think it’s all GP’s fault. Even someone with NO anxiety and stress would probably be worried about being called back to the stand; I wonder how he’s feeling knowing they are planning to call him back.
 
Brain injury does NOT progressively worsen. TS describes to treaters that his symptoms were worsening in years following the accident. Neck pain, dizziness, more general dysfunction were things he reported "worsening" He reported difficulty with thinking during first three months but the objective testing showed he scored very well.
 
she is describing a lot of issues with TS brain. His pre accident MRI predicts future problems. There is subtle evidence of neuro decline in his records pre accident. 2003 sleep apnea. That reduces oxygen levels to brain. untreated sleep apnea alone will cause cognitive decline over time. He couldn't tolerate the CPAP. he has chronic insomnia.

Plaintiff doesn't like this testimony objects. She's no medical dr. lol
 
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Deer Valley is famous for out of control skiers. It is the same ski resort where Tony Danza almost died, crashing into a tree while skiing.

The runs at Deer Valley are graded and groomed to be easy to cruise on skis, which make them much easier for people who are not great skiers, look like pros. It also makes them dangerous, because unskilled skiers can start flying down the slopes, going way too fast for their skill level. Most skiers stay away from Deer Valley, it is too expensive and skiing there isn't fun for higher skilled skiers, because there are so many out of control skiers to avoid.
They should have designated days for experienced Skiers only
 
his perceived difficulties were not supported by the objective data. Goldstein agreed that his anxiety was a big part of the problem.

She's going in on the executive function table Dr. G. "invented" TS subjective report was significant working memory problems but in Dr. G's testing he exhibited exceptional working memory.

Good example that perception doesn't equal reality. Dr. G. noted that TS is a well adjusted adult but his own data doesn't support that. 27 and 28 of Dr. G's evaluation OBJECTION that is unfair we didn't see this coming
Dr. Eastvold - it's in his report (LMAO)
SIDE BAR
 
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