ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK EIGHT

CASES AND INCIDENTS

VATO

A Vato is a Mexican gang member commonly seen on the streets of Los Angeles and other large cities and dressed in floppy pants and shirts.  They usually have a crew type haircut and are heavily tattooed.

A 27 year old Mexican American track laborer was working with the gang on track repairs at Santa Fe Springs, California.  He and a co-worker were carrying old wooden railroad ties down an incline to get them out of the way so that new ties could be inserted.  As they were walking down the hill the co-worker slipped and dropped his end of the tie.  This caused the laborer to become unbalanced and twist his back as he attempted to hold the tie.  He underwent a low back surgery and retained an attorney and a lawsuit was filed.

This case did not settle and went to trial in the United States District Court in Los Angeles.  During the trial, the injured laborer appeared at court accompanied by his friend who was a certified Vato, even though his lawyers told him to keep the friend away from the court.  He ignored them and the Vato was with him every day.  The Vato seemed to take no interest in the proceedings and even fell asleep in the courtroom and started snoring.  The jury observed all of this.

The jury returned a defense verdict and the look on the plaintiff's face was of pure amazement and he loudly asked his attorneys, "What does this mean?"  They told him that he was awarded no money.  The railroad was delighted with this verdict.

The plaintiff attorney appealed based on an erroneous instruction by the trial judge.  Unfortunately the appeals court granted a new trial in the matter.  At this point a settlement was made, as the railroad did not want to undergo another trial, particularly knowing that Vato would not attend.

The railroad would have gladly paid Vato's witness fees to ensure his attendance at a new trial, so that a new jury could observe him. 

ONE BONUS FOR AVID JOURNAL READERS IS REFERENCED BELOW:

MATAGORDA COUNTY, TEXAS

In Texas some of the rural counties have a "good old boy system" for electing judges.  In Matagorda County the judge must be in the favor of the labor unions and the plaintiff attorneys in order to be elected.  Also in Texas there is a law that provides that a person claiming injury can sue a corporation that he alleges is responsible for the injury in any county in the state in which the corporation does business.

Many railroad employees injured in Texas were filing their lawsuits in Matagorda County and receiving large verdicts.  I recall one example that involved a non-operated back, in which the employee returned to work and the verdict was $800,000.

Because the railroad could not continue to pay this type of verdict, they had to pull up all their tracks in the county and construct new tracks around it.  This finally ended the Matagorda County cases, the railroad tax, and other revenues to that county.  It was a drastic but sure solution to an expanding problem. Norman Udewitz

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts. You will be amazed and entertained by the actual process involved in the resolution of these matters.  Next Week, "The Train from Hell." little guy ™ 4/30/2013

MONDAY FUNNIES TO START OFF YOUR WEEK ARE FROM A BOOK CALLED DISORDER IN THE AMERICAN COURTS

ATTORNEY: Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?
WITNESS: Did you actually pass the bar exam? 
____________________________________

ATTORNEY: The youngest son, the 20-year-old, how old is he?
WITNESS: He’s 20 — much like your IQ.

Have a great weekfolks. little guy ™ 4/29/2013

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK SEVEN

CASES AND INCIDENTS

THE LOVELORN POLICE WOMEN

This lady was hired as patrol person for the railroad police department.  She worked for a Sergeant who she claimed called her repeatedly at home and offered to get her better and easier jobs in return for sexual favors.  She had tape-recorded several of these conversations.

Lovelorn was well known among the railroad police department for spreading her favors among various officers.  The story was if you told her you loved her, you could have intercourse with her.  If you did not tell her this you were only favored with oral sex.  In addition to this she had alleged she had a slip and fall injury to her back at the railroad offices.

When she complained to her supervisors about sexual harassment by the Sergeant he was confronted by them and admitted his guilt.  He wound up patrolling a beat in Tucumcari, New Mexico.  She then retained a well-known feminist lawyer (You would not believe who unless you were from the Golden State) and brought a lawsuit against the railroad.

Word got out that this lawyer was going to bring members of the press corps with her to the police headquarters when she served the lawsuit complaint.  The higher up officers quickly abandoned the building leaving only a patrolman minding the front desk.  The renowned feminist lawyer burst through the doors with the TV cameras rolling, only to find a young and bewildered patrolman who had absolutely no idea of what was going on.

During the course of the investigation I learned of Lovelorn's many sexual indiscretions.  The first of two of the most humorous tales involved the railroad having a problem with thieves stealing radios and tires from new automobiles being transported on railroad cars.

She was sent to stake out these carts at night with a male partner.  Another officer who happened to be passing by in a patrol car observed a suspect breaking into a new automobile on the first level of a three level railcar and made an arrest.  When he reported in to headquarters he was asked the whereabouts of the female officer and her partner.  When he advised he did not know, he was sent back to check it out.  He found both of them happily involved in love making in the back seat of a new automobile on the 3rd level of the railcar, completely oblivious to the attempted break-in.

In the second situation she was sent out to patrol an area of tunnels at Chatsworth, California, which had a growth of brush.  Another male officer accompanied her.

The following morning both of them reported in for medical care as a result of poison ivy. She had a rash on her mouth and he had a rash on his genitalia!

When her attorney was confronted with this new evidence the case settled for a song and a dance (very cheaply).  Editors note-"You just can't make this stuff up"!

ONE BONUS FOR AVID JOURNAL READERS IS REFERENCED BELOW:

52 CARD PICK-UP

During the filming of the movie "52 Card Pick-Up", one of the scenes called for an automobile to blow up on a dock in the Los Angeles Harbor with a mannequin seated in the automobile.  This was arranged and the auto was left sitting on the dock blocking a railroad track.

There was an agreement with the railroad to do this but they forgot to notify the switching crew.  When the engine arrived they found the automobile blocking the railroad track.  The conductor got off the engine and walked over to the car and was screaming at the mannequin, that he thought was a person, to move the automobile out of the way.  When he got no response he became even more frustrated.

Finally, one of the other crewmembers recognized the mannequin for what it was.  They then radioed the yard office to report the situation and were advised of the filming and were told to leave the area.

This situation became known on the railroad as one dummy talking to another. Norman Udewitz

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts. You will be amazed and entertained by the actual process involved in the resolution of these matters.  Next Week, "The Pear Shaped Parking Meter Collector" little guy ™ 4/23/2013

MONDAY FUNNIES TO START OFF YOUR WEEK ARE FROM A BOOK CALLED DISORDER IN THE AMERICAN COURTS

ATTORNEY: What was the first thing your husband said to you that morning?
WITNESS:    He said , ‘Where am I, Cathy?’
ATTORNEY: And why did that upset you?
WITNESS:    My name is Susan!   
____________________________________________

ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS:    Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS:    I forget..
ATTORNEY: You forget? Can you give us an example of something you forgot? 

Editor's note, I have a new patient who is studying to be a court reporter and this one is for her.

Have a great weekfolks. little guy ™ 4/21/2013

WEEKEND WORDS FOR FRIDAY APRIL 19 2013

There is one sure way of telling when politicians aren't telling the truth - their lips move....What this country needs is more unemployed politicians....Politicians are people who, when they see light at the end of the tunnel, go out and buy some more tunnel....The magician and the politician have much in common; they both have to draw our attention away from what they are really doing....Washington is a place where politicians don't know which way is up and taxes don't know which way is down....My definition of a redundancy is an air-bag in a politician's car. Felicity Kendall, Edward Langley, John Quinton, Ben Okri, Robert Oben, Larry Hagman

IT CAN BE HARD KEEPING A STRAIGHT FACE AS A COURT REPORTER FOR YOU WEDNESDAY FUNNY TO GET YOU OVER THE HUMP

ATTORNEY:  So the date of conception (of the baby) was August 8th?

WITNESS:     Yes.

ATTORNEY:  And what were you doing at that time?

WITNESS:     Getting laid.   

AND 

ATTORNEY:  How was your first marriage terminated?

WITNESS:     By death..

ATTORNEY:  And by whose death was it terminated?

WITNESS:     Take a guess. 

Have a great week folks. little guy ™ 4/17/13

WEDNESDAY HUMOR TO GET YOU OVER THE HUMP

Folks it's hard to keep a straight face when my old friend from 2nd grade, comedian Marty Fidelman is speaking.  Without further ado let me present a few lines out of Marty's 101 WAYS TO TELL YOUR MARRIAGE IS OVER!

On Valentine's Day she hires a cupid to shoot you with a real arrow.

Your marriage is so dead that you have a séance.

She request that you wear a condom even while you're sleeping. 

Come back next Wednesday for "Humor to get you over the hump"! little guy ™ 4/25/13

WELL WERE NOT TALKING

Folks, if you could read the email this editor received, or if this editor wanted to be part of today's joke of a media, everything that happened since the Boston Massacre would be audited for you.  Nothing reported by our folks in power was the truth.  For the first time in history our government is akin to other governments.  Clearly once Russia let us know that we may have a trouble maker in Boston, and bombs went off, any real forensic examiner would look at those folks first, see their pictures and never need all the hype that followed the Bombings.  Benghazi Boston all over again.

Well, this editor is simply trying to help people and nothing else.  Lets say one is a Peace Officer, clearly one of the most important people helping job on the planet.  Do you believe a Peace Officer or even a licensed Medical Physician in one day could help over 200 patients with their treatments and examine 7 others?  No.  It doesn't matter folks evil prejudice, the lords truth is as a humble Chiropractic Orthopedist, on the days I work, never are less then 70 different souls helped.  And I only treat each patient once a week.  So as I travel to different offices, 70 here, 70 there (Low now because we have discharged so many folks although 70-80 folks per day is something the Lord most high would be proud of), the point is my life is dedicated and my actions prove help for the sick, the suffering, often the poor, the weak, the helpless, the downtrodden, those on fixed income to include all souls of every color, creed, religion or race who have a manipuable lesion which requires care, for over 31 years!  Folks when I was in medical school and matriculating through my accredited Hospital Clinical Clerkships in Medicine, MD's who had prejudice in the past, witnessing folks recovering or returning to health with my care above and beyond what they were teaching me, brought a family of physicians and surgeons into the family of Chiropractic Medicine.  The Medical Amalgam is healing while all the evil doers try to pry apart unified medicine, just as they try to pry apart a love for our Republic. 

My actions prove a love for mankind, but as this editor looks around, I must opine sleaze is noted more then anytime in my life.  Look at the entire left which has turned into one big Dog Whistle by today's meaning of going out of its way to bring racial prejudice and hatred back, while many folks who were liberal under old definitions, more and more, find themselves centrists or conservative by today's standards.

In any event, this time the Benghazi Boston Massacre was not a nuclear weapon, but it is clear as day why the Russians don't feel safe in sending their children here (We can't even secure our borders or examine ethically those we take into our nation).  Folks, join with me won't you, and lets bring home the ideas that ones parents are better off with their loved ones so they can die happy in the arms of Family rather then hate their lives imprisoned in institutions for the elderly that only care as a matter of PR, but steal folks who live there blind, never to be able to look daily into the eyes of the Child who is willing to care for them, and lets care for children delivered from a women who would have rather had an abortion, and not murder the child now that it has been brought into a world run by human beings.  Greed, self aggrandizing egregious, pontificating behaviors are ruining our society and unless the truth is recognized, our nation will continue to de-evolve.

There is much to be learned by the Bible even if one has a vacuum where others spirits reside, for we must learn to treat each other nobly, we must study the ideas and ideals of the founding fathers, so that we can again someday stand on the shoulders of giants, rather then on the shoulders of the owe so flawed leaders we have to date.  This is the worst time for our nation in my lifetime, but with folks like this editor, out daily helping the sick, and for very little in the way of wages, proves there is hope for this world. 

Good luck my friends, and as has been written here for over 17 years, may the lord bless you (we the people of the United States), and bless our great Republic, for it is the hope for humanity. little guy ™ 4/24/13

BELIEVE IT OR NOT THIS TIME OBAMA IS CORRECT

Last week it was perfectly clear that Saddam's weapons of mass destruction were used.  Basic Saran gas is easy to detect.  Yet Saddam got away with it because his WMD's were mixed to hide the easy detectability.  Saddam's finger print was found last week while the liberal and conservative media along with John McCain rush to judgment.  Folks, do you really want to rush into another war?  The mistake in Iraq was not the WMD's as it is turning out, but rushing into a situation that we knew little about.  Globally the Syrian or Iraqi Tyrannies were easy to identify.  But the folks making up the fabric of the nations were misunderstood.  In other words Iraq had several groups and intervening by the end of the day, left support for Iran, and even worse enemy. 

Rushing into Syria may lead to the elimination of al-Assad but could lead to another rouge nation ripe for the picking by al-Qaeda and its copy cats.  President Obama by not overreacting to his red line, demonstrates a developing wisdom he has never shown relative to world affairs. He has unfortunately been the rush to judgment President, almost always governing by ideology rather then common sense (Which more and more folks feel has ruined Justice and its decision making-i.e. the etiology of the Boston Bombing Massacre of 2013).  Further the way he was treated as almost a rebel himself on his issues as a community activist, demonstrate much of the reasons why almost half of the public no longer can relate to him. 

In any event absent trying to understand Barack's entire make up, what this editor see's is a President who is not rushing us into something which further kills off our children (Men and Women of our armed forces) for folks who just as in Afghanistan, will find ways to shoot us in the back.

One opinion is to eventually unleash some of our other weapons onto a battle field if ever brought into a War conflict again.  For example we can now light fight a plane or missile out of the sky.  Yet used on the battle field folks would disintegrate rather then blow up.  Combined with our heat crowd dispersing technologies and other new weapons would tell the world, fight us and be disintegrated.  We must lead through the Big Stick concept which Barack done conspicuously or unconsciously has dismantled relative to our overall military strength prior to his being elected. 

If left alone, Syria could overcome the insurgence.  If this occurs, then would be the time to impose our will on al-Assad to go or at least make sure the citizens are left to live free lives.  In other words we must work with the national community to improve the Middle East and not destabilize it any further as we have.  This editor must opine the only thing our nation has to apologize for is what Barack has done relative to the outcomes in Libya and Egypt.  Having written that, Barack is a smart guy and surely sees the mess he has made out of things, including leaving Iraq absent a base of operations, a toe into the region (INTELLIGENCE GATHERING rather then being left deaf, dumb and blind as we are) to maintain the peace.  A stratagem which stabilized the world until the Terrorists practiced on Russia and now focus on the West.  Why?  The west is strong because of our diversity, and weak when the wrong side of diversity becomes in charge of the Military.  Barack's world is much like Jimmy Carters world.  They have lead through mouth strength and not real strength.  But that seems to be changing relative to Syria.

Israel could be the best advisor's we have in the region.  Yet our nation has treated them poorly in my judgment albeit Israel's patience with our leadership will prove positive, if we begin to act wisely rather then just being a few smart guys.  Look at our current AG.  Last week an Afro-American patient stated that if illegal aliens from any nation are in the same position Black folks have been relative to civil rights, then our AG is saying there has never been racism based on the color of ones skin!  What a mess this administration has made out of the simplest things in life.  Why? They have continually and continue to outsmart themselves trying to change the names of things they don't like into code words, which basically breaks the Dictionaries of our world down to useless tools.  This in turn makes society dumb down.

In any event, this editor see's a glimmer of learned wisdom coming from Barack on Syria (Watch, the day after this is published, he will go off half cocked again and prove me wrong...as so many times before), and perhaps we can develop a consensus among our elected folks once some handle on the Syrian situation develops.  For example this editor would opine Barack call Putin, and ask Putin who has so much vested in having a warm water Syrian base, to place their soldiers into Syria to bring stability there rather then ours.  Folks if we could get a President who could develop relationships like the Gripper did, all this terrorism stuff could be controlled.  Lets face it if the US and Russia were best of friends, our combined power could end Terrorism around the globe in short order.  But the world powers under Barack are so divided it is uncanny.  China out to steal everyone's secrets and technologies, Russia trying to walk the fine line of learning Capitalism the way we used to do it combined with rebuilding its military and financial strength while Barack dismantles everything to create a utopian America akin to Greece where we must disband our military, our insurance industries, our banking industries, and so forth which in turn creates a third world almost wounded America.  Our Airports, roads, bridges, plumbing an so forth is becoming third world quality relative to many of the foreign Airports, roads, bridges etc.

Well there we have it, a closed description of the world as we now find it yet our President not rushing into Syria proves he has learned and perhaps will find a way to work with the world community on this one, and end the creation of Terrorist nations around the globe as well as inviting so many terrorists into our nation which has caused too much turmoil for anyone to tolerate.  For example they may say that Terrorists bombings are down statistically in our nation, but when do you remember having Two Terrorist Attacks both killing Americans in the same year (Benghazi and Boston), shootings in grade schools and high schools, movie theaters, chemical toxins in our mail, fired police officers going on the rampage offing the innocent, and truly too much more.  Never folks.  And the last thing we need right know is for us to go to war in Syria only to end up with a terrorist nation we may have to fight combined with Libya and Egypt.  The buck must stop with Syria, and from here on only act intellectually, wisely and with prophylactic protects (Internal controls) in place, so the best outcomes emerge rather then new problems which have been witnessed for the last ten years or so.  Patience and wisdom must be our key and end the rush to war or rush to judgment which has been the legacy of these last many years . little guy ™ 4/28/13

PRESIDENT GEORGE W BUSH EXTRAORDINAIRE VINDICATED Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

Well the lord works in mysterious ways.  Forensic evidence from Intelligence sources around the globe now points to remnants of Saddam  Hussein's weapons of mass destruction detected last week in Syria.  These are not the run of the mill toxins which are so heinous the world would attack.  No these were Saddam's pride and joy's because these poisons kill insidiously, which is why many can only find remnants of blood Sarin mixed with?   In time if the press allows freedom of information you will find that in order to control the Al-Qaeda terrorists and friends (Similar Organizations) who have taken over the fight against the dumb Syrian Government, WMD's were used.  Dumb is the correct word for if any of the nations from Libya to Egypt would have told the truth, that radical Islamic jihadists had infiltrated the honest folks who were fighting for a government like ours prior to Barack Obama, things would have worked out well.  Our Ambassador in Libya would be alive, there would be a US copy government and military in Egypt, and Syria would have found friends it always hoped for rather then having to rely of fly by night friends such as Iran and world power Russia.

This editor will bet you dollars for doughnuts that more and more of Saddam's weapons of mass destruction will turn up albeit this editor would prefer, the Syrian government not fall and become another terrorists strong hold for that which will enslave the world like Nazi's would have, Islamic Jihad terrorism.

Thanks for being our President George W. Bush, history will treat you far better then Barack Obama and his minions have.  It is as clear as day to this examiner.  May the lord continue to bless you as surly you have had a blessed life. little guy ™ 4/26/13 

WEEKEND WORDS FOR FRIDAY APRIL 26 2013

A government that is big enough to give you all you want is big enough to take it all away....The government, which was designed for the people, has got into the hands of the bosses and their employers, the special interests.  An invisible empire has been set up above the forms of democracy....Giving money and power to government is like giving whiskey and car keys to teenage boys....It might be more worthwhile if we stopped wringing our hands and started ringing our congressmen....If people behaved like governments, you'd call the cops.  Barry Goldwater, Woodrow Wilson, P.J. O'Rourke, Author Unknown, Kelvin Throop

LAST EVENING'S THE DAILY SHOW DEGENERATED EXPONENTIALLY Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." 

Well according the John Oliver's most of his opinions from his previous show were rescinded back to the anti-anything but going out of style make up nonsense to attack the right.  This includes taking everything out of context to try to create an image that doesn't exist.  Mr. Oliver wasn't even that funny. 

Like Juan Williams or Ms. Holder, as soon as the bull starts to fly, my significant other changes the channel.  Well, that meant last night some shows on both networks were missed as well as those that followed.  Thank goodness for the NBA finals, for a wrinkle in time, that brought this viewer back to ABC.

This editor sincerely believes that Fox should try to pick up Jay Leno if he wants to work.  Intellectual humor often times is better then phony baloney humor.  And that's today's memo.

LAST EVENING'S THE DAILY SHOW IMPROVED EXPONENTIALLY Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." 

Well according the John Oliver's documented sources, the best host this editor has seen in years, when the US Government is looking at your emails, phone calls and so forth, their computer program takes in all the data, all Americans data, and only has a 50.1% accuracy of actually REVIEWING FOREIGN NATIONALS OR FOREIGN TERRORISTS.  Meaning almost 50% of the time they are looking at your stuff folks.  Oliver was grand.  He advised it was like throwing a coin in the air, and adding a 1% probability of correctly reviewing a foreigner and 49% chance of reviewing you ("we the people"). 

But the point wasn't funny.  Unless we change our government, "we the people" are in real trouble.  Help me and others (ACLU Filed a law suite against NSA for spying on US Citizens today...hip hip hurrah ) like John Oliver and Senator Rand Paul to turn off the fire that is burning our Constitution .  And together, once again, we can make this nation the very best Republic in mankind's experiential existence. little guy ™  6/11/13

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK SIX

OTHER INTERESTING AND HUMOROUS CASES AND INCIDENTS (Editors note-This Section is near the middle of the book after Cases and Incidents, Railroad Wives, Formal Investigations, Railroad Legends, etc and before Surveillance, Assaults, Strikes or Off the Track).

THE RUNAWAY TRAIN

Probably the most disastrous case I was ever involved in was this one in which a Train consisting of four locomotive units, 90 cars loaded with Trona, and two helper units at the rear, started down a steep grade at Cajon Pass.  The top of this pass has an elevation of over 4,000 feet. 

As the train started down the grade the engineer was making service braking applications to slow it down. However it kept speeding up again and he was having a lot of problems controlling said speed.  What he did not know was that he was overloaded weight wise, and as he was making the service applications the wheels of the cars were getting hot and he was burring up his brake shoes.

The locomotives have two types of brakes.  One is the airbrake system, which goes throughout the entire train and operates on each car of the train.  The other one is an electronic grid brake system, which works on the locomotive units only. This electronic grid system is known as dynamic brakes.  The engineer still had the dynamic brakes but when emergency air is applied it automatically cancels out the dynamic system.  The helper engineer at the rear of the train panicked when he saw the speed increasing and applied the eme4rgency brakes, thereby knocking out the dynamic brakes and leaving the train with no braking power whatsoever.

The train continued to pick up speed as it went down-grade and the crew knew they were going into a curve at the bottom, which they could not make at the speed they were moving. They made numerous  They made numerous May Day calls  for help and advised the railroad that their train was moving away. The engineer was a very decent, conscientious young man and the conductor that was with him in the locomotive had been a high school classmate and life long friend.  When they reached the curve at the bottom of the grade the train speed was approximately 110 miles per hour and the locomotive left the track and dropped about 30 feet onto the ground taking all of the cars with them.  The curve was adjacent to a residential area and a number of cars loaded with Trona smashed into homes in the area.

The engineer survived with numerous injuries including psychological damage.  The brakeman and conductor were both killed.  Two children in one of the homes were also killed and there other various injuries.  Fortunately this accident occurred at the time of the morning when most people had left for work.  The two-helper units at the rear of the train stayed on the tracks and their crew was not injured. 

I was assigned to investigate the case and I found a seemingly mountain of errors which led to the causation of the accident. One of the big problems was that the train had originated in Mojave and one of the clerks at the rail station estimated the weight of the load as 60 tons per car.  These cars had been filly loaded and the weight was actually 100 tons per car.  A computer profile of the weight of the train and consist was given to the engineer and from this he calculated the tonnage per operative brake.  Because the weight was wrong, all the computations were wrong.  Also one of the four locomotive units had no dynamic brakes.  The engineer knew of this and tried to compensate but he did not know that one of the helper units at the rear of the train also had no dynamic breaks.

The engineer was operating the train under the rules for mountainous grades in a proper manner for the weight he thought he had, which was grossly underestimated. As he kept making service applications to slow the train down he burned up most of the brake shoes and ultimately had no train braking system.

The railroad responded and set up temporary housing for the people whose homes has been destroyed and other that had been evacuated. They also provided food and medical attention for these people. I did not take part in this since I was investigating the case and had to go to Mojave, Bakersfield and other places. The representatives of the National Transportation Safety Board  (NTSB) arrived from Washington D.C. and began their investigations.  I met several of these folks and coordinated my investigation with them.  After a few days the people whose homes were not destroyed were allowed to go back .  My investigation was winding down and I returned to my office. 

I later learned that many of these people who had been evacuated were conducting business as usual from the hotel rooms. Various dealings in crack cocaine and other street drugs were continuing to take place.  A transvestite prostitute was picking up male clients in the bar and taking them to his/her hotel room.  When I leaned of this I had the person evicted from the hotel.

There was also one lady who had quite a history with the San Bernardino police. When the claims agents were giving advance checks to the neighborhood people to help with their expenses, she received $2,000 which one of the claims agents had taken to the motel office and gotten cashed for her. She later found out that one of the neighbors who had more children received a larger advance and this sent her into a rage. She charged at the door of the claims agent at the hotel and threw the money in her face. Fortunately the claim agent was able to slam the door and lock it leaving her in the hall. This lady also had to be evicted from the hotel.

After the investigation of the accident quieted down, I spent one day going through the people who were staying at the hotel and eating meals provided by the railroad and learned of a number of fraudulent claimants.  One mother who lived 15 miles away from the scene of the accident and had sustained no damage whatsoever was continuing to feed herself and her five children.  Another lady and her husband who lived in the neighborhood about two years, whose house had burned down prior to the accident were staying in the hotel and received advances and food and lodging. These cases were quickly  disposed of by eviction. Many of the people were taking full advantage of benefits that did not belong to them.

About ten days later I received word that a pipeline had blown up in this same area and the neighborhood was in flames .  I immediately returned to the scene and found all of this to be true.  A CalNev pipeline ran between San Bernardino and Los Vegas, Nevada in which gasoline was transported and it had exploded. The line was directly underneath the area where the train had derailed.

After the derailment the pipeline had shut down for a day or two but had returned to operation. CalNev had failed to properly inspect the pipeline.  All they did was to drill four boreholes down to the pipeline, which was about ten feet under the surface, and observe it.   They could have run water under pressure to see if there were any leaks but did not do so.  Also they could have sent a blind pig through the line (this is a device which is equipped with feelers on its legs and if any fractures were present it would show them on the electronic graph it made).  They did not do this.

The worst failure was that one of the pump station operatives was present when the automatic safety feature of the pipeline worked and it shut down operations.  He overrode this and allowed the gas pump through. The problem for the railroad was that any damage to the line would have been cause by the derailment or cleanup.  Again temporary housing, hotels and food were provided for this decimated neighborhood.  I went to work with the NTSB people and completed another investigation.

One of the plaintiffs attorneys that I have known for many years, and whose wife had been with the Red Cross showed up at the scene and started signing up many of the neighborhood people.  He was also staying at the Hilton hotel which is where we were staying.  He contacted me and asked if we could have a meeting at his hotel suite and if I would bring the attorneys from both the railroad and CalNev. He stated he would have several of the neighborhood leaders present and there were several problems they wanted to discuss.

I agreed to attend the meeting and took the attorneys with me.  When we walked in the door he handed us a restraining order to shut down the railroad that had been signed by a judge in San Bernardino Court. He also gave the same restraining order to pipeline attorneys. Their pipeline was shut down anyway since they had not yet determined the causation of the explosion.  We advised the general attorney for the railroad of this restraining order and he went to management and the railroad was shut down for three days.

We later contacted the judge that had supposedly signed the restraining order and he advised this was the first time he had ever heard of it. It was obvious that this was a forged order and we immediately started railroad operations again and brought charges against the plaintiff attorney. He was fined by the state bar and we also filed a suit against him.  In response to this lawsuit he filed a cross complaint with the railroad and alleged that he had become violently ill from exposure the load of trona which was the train cargo.

Several years later I had to go to San Bernardino to a settlement conference and this attorney was in attendance. The judge asked me if I would pay any money in the exposure case and I told him absolutely not. By this time the attorney had also filed bankruptcy and he could not pay for shutting down the railroad for three days, which was very costly to the tune of about $300,000.

He confronted me in the hall and wanted to know why I would not pay anything on his exposure case and I told him that I was not in the habit of paying for fraudulently manipulated cases. I explain to him that trona was a naturally occurring substance in the earth and no one suffered any ill effects from exposure to it.  Further that I had been born and raised in Natrona County, Wyoming were there is an abundance of trona in the ground and it is carried about by winds etc and none of the inhabitants had ever suffered any ill effects from it.  Also that if he truly did become ill due to exposure of trona, no one forced him to walk around in it signing up clients.

This attorney was later charged with fraudulent theft from his clients (see copies of newspaper articles from the Loss Angeles Daily Journal at the end of this case write up).  As a result, most of his clients from this tragic accident did not ever receive any monetary damages.

I was present when the damaged section of pipeline was removed from the ground. A fish mouth fracture was obvious in the side of the pipe and this had to be either caused by the derailment  or metal parts from the train, which came in contact with it during clean up. The gasoline under pressure going throughout the pipeline reached the fracture and then a spray went up into the air about 300 feet forming a vapor cloud. The prevailing wind carried this cloud into the houses, and something, probably a pilot light in a stove, caused the gasoline to explode and turn into a fire ball.

Because of the pipeline responsibility in the explosion, they agreed to handle is of the claims, which resulted. Even with this agreement, a temporary claims office had been opened up in San Bernardino and it remained open for about one year. This office was shared with the pipelines.

Unfortunately most of the people who suffered damage from the pipeline explosion did not get their money as their attorney declared bankruptcy and was forced to withdraw his membership from the State Bar.

The railroad had settled all of the claims from the derailment including the deaths of two employees. The engineer settled but remains to this day permanently psychiatrically limited in train operations as he can no longer work on the mountain and is restricted to the Bakersfield Yard and train runs to Fresno and back which are on flat terrain.   

Newsprint Articles follow (Editor's note, not all of the Newsprint Articles from the book are presented below): Norman Udewitz

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts. You will be amazed and entertained by the actual process involved in the resolution of these matters.  Next Week, "The Lovelorn Police Women" and if this editor has time, "52 Card Pick-up."  little guy ™ 4/16/2013

SUPERPOWER USA ADDED JUST 88,000 JOBS IN MARCH

It is almost surreal that a nation our size only added 88 thousand jobs in March.  Further the Bureau of Labor Statistics estimated that a half a million fewer people then the last report of 1/2 million fewer folks were participating in our labor force giving the false impression that the unemployment numbers dropped 1 percent to 7.6 %.

This editor never thought that in my lifetime we would see such phony numbers used to tell us about the health of our nation.  Lets review:

Out of Work                                                               2009             Presently

                                                                                 2.6 Million      23+ Million out of Work with 90 million who have stopped looking for work and ignored by the present Administration

Insurance              7 million workers luxury employ Medical     7 million must pay own Medical

Unemployment                                                        7.8%              7.6%

Children in Poverty                                                 1 in 25           1 in 5

Adults in Poverty                                                     1 in 15           1 in 6

USA will never have Toxic loans=depression Obama gives Toxic loans

Food Stamps                                                          32 Million      47 Million

Median House Hold Income                                 $54,983          $50,964 (Down 4 grand)

Gasoline/Gallon                                                      $1.85              $3.79 (Cost ↑)

National debt               $10.2T          $16.8 Trillion up 29.6%

National Deficit                                                        $5.4 Billion   $1.2 Trillion

Corn per bushel                                                       $3.85           $7.86 (Over double - 3 years)

South African Gold Krugerrand                            $913.30         $1,804.42 (Double in 3 years)

US Beef cents per pound                                       107.13           199.00 (Up~ Souring to poverty)

Well folks there you have the SURREAL facts on this 5th day in April in the year of our lord 2013. little guy ™ 04/05/2013 

MONDAY COMEDY CLASSICS TO GET YOUR WEEK OFF TO A GOOD START

A woman gets on a bus with her baby. The bus driver says: ''Ugh, that's the ugliest baby I've ever seen!'' The woman walks to the rear of the bus and sits down, fuming. She says to a man next to her: ''The driver just insulted me!'' The man says: ''You go up there and tell him off. Go on, I'll hold your monkey for you.''

A woman has twins, and gives them up for adoption. One of them goes to a family in Egypt and is named 'Amal.' The other goes to a family in Spain, they name him Juan'. Years later; Juan sends a picture of himself to his mum. Upon receiving the picture, she tells her husband that she wished she also had a picture of Amal. Her husband responds, ''But they are twins. If you've seen Juan, you've seen Amal.''

I rang up British Telecom, I said, ''I want to report a nuisance caller'', he said ''Not you again.''

 Have a great weekfolks. little guy ™ 4/15/2013

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK FIVE

CASES AND INCIDENTS

THE DAY THE UNION CASE BLEW

One day I received word that a trainman had slipped and his foot went under a moving rail car and was amputated.  I immediately went to the scene with a co-worker and photographed all four corners of the car, as we were unsure which ladder the employee was trying to board (we knew he was trying to get on a moving car).  This was a brand new car with a new paint job and all the ladders and handholds were in mint condition.  There was no grease or oil on the surface of the car.  The employee later retained an attorney and the railroad was sued.

During the trial the plaintiff's attorney produced pictures of a bent grabiron and argued that he had a Safety Appliance case.  The defense produced testimony from myself and a co-worker that there were no bent grabirons, and our pictures were also admitted into evidence.  These pictures were taken within one hour of the injury.

While the plaintiff's pictures showed the bent grabiron, they were taken the next day.  The plaintiff attorney advised he received his pictures during his investigation from a union representative.

The jury rightfully concluded that the union representative had taken a hammer and pounded on the grabiron in an attempt to prove a fraudulent Safety Appliance case.  The jury award was a defense verdict.  This is one of the few cases that I recall that the railroad won a Safety Appliance Act allegation.

The plaintiff later threatened to sue his own attorney as well as shoot him!

ONE BONUS FOR AVID JOURNAL READERS IS REFERENCED BELOW:

THE ERRANT ELEPHANT EXCRETION

Once a year a circus train comes into Anaheim, California and the animals are unloaded and proceed in a parade through the streets in an effort to drum up attendance to the circus.  Following the parade the railroad crew came into the area to perform switching moves.  A brakeman was walking along the track in broad daylight and stepped into fresh elephant dung, which measured about two feet wide and one foot deep.  His foot slipped and this caused him to twist his knee and tear the meniscus and lose time from work.  It is amazing that he failed to see the dung before stepping in it.

He retained an attorney who contacted me about the settlement.  After a brief discussion the attorney realized the case would not result in a large verdict and settled it for peanuts rather than smell up a courtroom with a trial.  (Stormin) Norman Udewitz

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts.  You will be amazed and entertained by the actual process involved in the resolution of these matters.  little guy ™ 4/09/2013

COMEDY CLASSICS FOR YOUR MONDAY FUNNY

I found my 11 year old son and his girlfriend naked in his room.  Sex-ED is so advanced under our progressive liberal education system, they also give homework!

Three guys, stranded on a desert island, find a magic lantern containing a genie, who grants them each one wish.  The first guy wishes he was off the island and back home.  The second guy wishes the same.  The third guy says "I'm lonely.  I wish my two friends were back here."

I was on the subway, sitting on a newspaper, and a guy comes over and asks "Are you reading that?"  I didn't know what to say.  So I said yes.  I stood up, turned the page, and sat down again -  David Brenner. 

 Have a great weekfolks. little guy ™ 4/01/2013

WEEKEND WORDS FOR FRIDAY APRIL 5, 2013

If we could give every individual the right amount of nourishment and exercise, not too little and not too much, we would have found the safest way to health....Never regard study as a duty, but as the enviable opportunity to learn....Live as if you were to die tomorrow.  Learn as if you were to live forever....He is the best physician who is the most ingenious inspirer of hope....Hearts will never be practical until they are made unbreakable.  Hippocrates, Albert Einstein, Gandhi, Samuel Taylor Coleridge, L. Frank  Baum for his great work, The Wizard of Oz

 

WEEKEND WORDS FOR APRIL 12 2013

Politics is supposed to be the second-oldest profession. I have come to realize that it bears a very close resemblance to the first...-Folks to read the rest of this weeks Weekend Words and a fascinating video of our very popular President, please hit this link now!

Folks, three years ago and add three day's (4-15-2010), this editor wrote that which is referenced above.  Your editor remembers feeling something was amiss with the hopes, dreams and aspirations of many folks from the center and to the right, and your editor created those "Weekend Words. 

Today, three years later, this editor thought it was shocking, telling and timely including the video; to discover that it was almost three years to the day, with the same odd feeling that the left is trying to hurt the right, Americans against Americans (Self mutilation is considered crazy folks), almost an unspoken civil war if you will, and humbly asks for better words and actions from the left toward the right.  Lets bring back jobs for everyone and watch that medicine heal most of the aches and pains of the left or the center including the right.

This editor must remind folks that the best things are found at home, and remember it always looks greener on the other side (Old ways from the West or East of our great republic, the United States of America, are outdated, unhealthy and fiscally a failure compared to home grown American economic principals and practices.  The best ideas were created at home in America).

Have a wonderful weekend folks. little guy ™ 4/12/13

WEDNESDAY FUNNY'S TO GET YOU OVER THE HUMP

My grandfather always said, "Don't watch your money; watch your health." So one day while I was watching my health, someone stole my money. It was my grandfather.    

China has a population of a billion people. One billion. That means even if you’re a one in a million kind of guy, there are still a thousand others exactly like you.  

I always look for a woman who has a tattoo. I see a woman with a tattoo, and I’m thinking, okay, here’s a gal who’s capable of making a decision she’ll regret in the future.

Jackie Mason, A. Whitney Brown, Richard Jeni. little guy ™ 04-10-2013

WEDNESDAY FUNNY'S TO GET YOU OVER THE HUMP

 

Come back next Week for Wednesday Funny's to get you over the Hump. little guy ™ 04/03/2013 

BARACK RETURNS 5% AS GOOD WILL GESTURE FOR FAILING GRADES

This editor sincerely congratulates President Barack Obama for returning 5% of his income, about 20 grand as too many folks feel his job performance is not up to snuff.  Folks, you have to congratulate someone for such actions.  Now if we can get the do nothing liberal Congressional Representatives to return some of their money for never doing their job, never passing their yearly budget for 4 years and too much more, we might be at the beginning of real actions toward eliminating our bloated Governments massive Fraud, Waste and Abuse. 

One is Six Americans live at the poverty level compared to 1 in 15 under Bush.  1 in 5 Workers in America are now on Disability!  1 in 5 Children in America live in Poverty.  Barack borrows 43 cents of every dollar he spends and spends money to litigate against our own local heroes, the men and women of the local PD's, the Sheriffs (Poor Joe), and frankly so much more that he should return some pay.  So many folks stopped looking for work that the interstate and intrastate flow of cash is the lowest since Clinton.  In other words only the Sequester is keeping our stock market up, and that in and of itself ensures an insecure future.

Folks North Korea may cause some skirmishes but don't you the people fall for the trap of giving North Korea the same type of bribes Barack gave Morsi.  This business of giving any money to folks who are anti-American, anti-freedom of speech, anti-modern judicial procedures, or anti-women's rights for that mater must stop.  Lets agree to not fall for that trap when it comes around.

Well, to remain positive, our President Barack Obama is returning 5% of his income and he should be heralded for that.  This editor only wishes he would take said income to help pay to allow our children, our elderly, our Veterans returning home and all the rest the opportunity to visit his home, or we the peoples White House.  Good job President Obama. little guy ™ 04/03/2013 

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK FOUR

CASES AND INCIDENTS

THE CASE OF THE GREEDY WIFE

I have found that with my thirty three years of handling railroad claims, the railroad is generally fair in their settlement offers, sometimes going overboard, although I am sure a number of plaintiff attorneys would dispute this.

In this case a 34 year old brakeman was up on a high ladder to tie down the handbrake on a moving railcar at Van Nuys, California.  Somehow he lost his balance and fell onto the ground and the wheels of the railcar rolled over his arm and amputated it.  He was convinced by one of his doctors to surgically re-attach the arm instead of using a modern prosthesis.

At the time the trial was to start he had gone through twelve surgeries and walked around with the arm propped up by an arm cast and dowel from his hip to the cast for support of the dysfunctional limb. The arm was grotesquely swollen and useless.

During the course of the treatment he met and married one of his nurses.  The nurse decided any settlement would have to pay for a new house, any and all outstanding bills, and future taxes!  The railroad offered in excess of $1 million (1.2 million) to settle.  The plaintiff attorney tried everything to convince his client to accept the outstanding offer during a private session in chambers with the judge.  The judge strongly recommended he take it.  The case did not settle and went to trial.  The railroad provided a vigorous defense including that the plaintiff should have been fitted with a prosthesis and not have the arm re-attached.

The jury brought in a verdict of $300,000.  I still picture in my mind the plaintiff grabbing the courtroom banister with his good hand, pale and trembling.  It was quite obvious that a lot of money was left on the table due to greed.

ONE BONUS FOR AVID JOURNAL READERS IS REFERENCED BELOW:

THE EGGSHELL IMPACT

A 28 year old woman driving a Toyota had stopped for a stop sign in Cerritos, California.  A railroad signal truck stopped directly behind her.  She started out to make a right turn from the stop sign and the truck started moving behind her.  All of a sudden she slammed on her brakes and the truck behind tapped her vehicle's rear end at a speed APPROACHING one mile per hour.  Photographs showed absolutely no damage to the rear end of her vehicle nor to the front of the signal truck.  There was no damage to any parts of either vehicle. 

She alleged injures to her lower back and neck and started visiting a Doctor of Chiropractic who saw a gold mine in the case and ran up well over $5,000 in chiropractic treatments (Which would  be over $10,000 today!).  She retained an attorney and brought a lawsuit against the railroad. I then hired Dr. Scott Neff, a Forensic Examiner

 

and Chiropractic Orthopedist as the railroad expert witness.  His audit and report clinically negated the treatment in the amount of $5,000 in this matter.

By the time the case was assigned a trial date, she had been through three law firms.  When she left each of the prior law firms they remained in the case on a lien for their work and time.  The railroad had never received a demand lower than $25,000.  The judge ordered us into his chambers for a last ditch settlement conference and I told her fourth attorney that I would pay no more than a nuisance value of $2,000 and that would have to include the lien from the prior three attorneys and the chiropractor's bill.  After some discussion with his client, the other attorneys, and the chiropractor, he advised that the settlement was accepted.

After the release was signed I had to write a settlement check, which included the names of the plaintiff, four attorney firms, and the chiropractor.  There were so many names to be placed on the check, that it reminded me of the roster of the Los Angeles Dodgers.    (Stormin) Norman Udewitz

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts.  You will be amazed and entertained by the actual process involved in the resolution of these matters. little guy ™ 4/02/2013

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES WEEK THREE

CASES AND INCIDENTS

THE REAR END MASSAGE

A 44 year old track laborer was pulling spikes from wooden railroad ties by using a spike bar, which is a steel pry-bar.  As he applied pressure to pull a spike, which was very tight, he felt a snap in his low back followed by pain. A couple of days later he went to his family doctor. The doctor decided on a course of treatment which had the man lay on his stomach on the floor, and a robust nurse who weighed about 250 lbs., sat on his low back and rotated her buttocks about the spine as a therapeutic massage.  The therapeutic session lasted about ten minutes. This is not a medically recognized form of therapy, and in fact caused more severe injury to the laborer's low back.

He retained an attorney and a lawsuit was filed against both the railroad and the treating doctor.  The case went to trial in the Los Angeles Federal Court.  The defense attorney that represented the doctor was quite innovative, although he had to be aware he had a losing case.  When his turn came to cross-examine the plaintiff doctor, he asked him that if it were not true that one of the proper courses of treatment for a low back injury would be heat and massage.  The doctor responded in the affirmative.  He then asked him about heat, specifically 98.6 degrees Fahrenheit.  This line of questioning brought an outburst of laughter from the jury.     However, this humor did not sway the jury from their award, which was a large verdict against the doctor for malpractice and a small verdict against the railroad for liability.       

BONUS FOR AVID JOURNAL READERS REFERENCED BELOW:

ATTORNEY BODY LANGUAGE

I learned over the years of dealing with plaintiff attorneys, that if one were to watch their body language, they would often telegraph a message.  I particularly took notice of what they would do at the moment in the settlement negotiations when they would accept an offer, even thought they would not verbally tell me this, and would often hold out for more money.  One attorney seemingly would twitch his nose and then ask for more money.  And every time the nose twitched I would tell him my offer was final and he would accept it.  Another attorney had a way of blinking his eyes in a squinting manner when he was ready to accept the offer.

The most interesting gentleman was one that would reach down and grab his testicles when he knew an offer had been made that his client would accept.  He again would always ask for more money but when I refused, he would accept the offer.  I often wondered if he kept his money in a pouch near his testicles. (Stormin) Norman Udewitz     

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts.  You will be amazed and entertained by the actual process involved in the resolution of these matters. little guy ™ 3-25-13

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL SERIES - WEEK TWO

CASES AND INCIDENTS

TOP BANANA

A 56 year old brakeman was riding in the lead locomotive of a moving freight train at the City of Industry, California when he observed a large boulder that had been placed on the mainline by vandals.  The engineer was able to stop the train and no collision occurred with the boulder.  The brakeman and engineer then got off the locomotive and physically moved the large boulder off the tracks.  During this procedure the brakeman felt pain in his low back.

The brakeman later had a back surgery.  Following this he alleged that he had problems obtaining an erection, and when he was successful his penis would be curved like a banana and was painful.  He sent a letter explaining this to the claim agent handling the case and included hand drawn pictures of his penis both before and after the injury.  The before picture showed a straight erect penis and the after picture showed a penis that was curved like a banana.  He claimed that this problem occurred following the surgery. The railroad doctor acknowledged the problem but said the causation was a disease had nothing to do with an injury.

Top Banana later had a penile implant inserted and when he wanted to obtain an erection he would have to pump it up similar to a tire pump.  He had problems with this as the first implant became infected necessitating a further surgery.  One day when he pumped up the second implant it blew out like a flat tire.  This required yet a third penile implant, which was successful.

Top Banana wanted a lot of money to settle his case, far in excess of what the railroad was willing to pay.  He then retained an attorney and a lawsuit was filed.  When the case went to trial he alleged that all of his penile problems were due to the injury and resultant surgery.  His attorney had obtained doctors, which confirmed this causation.  The railroad doctor testified that although Top Banana had penile problems, there were the result of disease and the injury was not a causation factor.  Unfortunately for the railroad, the jury sympathized with the plaintiff and returned a large verdict in his favor. (Stormin) Norman Udewitz

Editors note:  When this examiner was in medical school your humble editor studied Peyronie's disease (Clinical Clerkship Rotations in Medicine - Urology) and it is perfectly clear how a lack of education can cause Juries to point in the wrong direction!  No pun intended. 

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons. Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts.  You will be amazed and entertained by the actual process involved in the resolution of these matters. little guy ™ 3/19/2013

SKEPTICS CORNER

Well, how many folks do you know that were ever certified in Government Investigations, Government Health Fraud Investigations, Investigations in to all Health Care or Forensic Criminal Investigations?  This editor knows but opines there is little in the way of thank you or even protection relative to the most heinous individuals attacking everyone as all folks of any profession or lifestyle have their backs turned or are asleep sometimes, their guard may be down, they may be too ill to make healthy contemplations about lotions, potions decoctions, medications, treatments, or political promises of hope but left in despair or knowing some who is despondent upon bad psychosituationopolitical decisions.

However recently this Journal was informed by the new folks for the original anti-health fraud group within our nation (Yes this editor was an early founder beginning as the Southern California Council Against Health Fraud, then California when the Southern and Northern Councils merged (This editor,

 

William and others from the South with Wally etc from the North-This editor is retired...which merged with John and his folks from KC {Someday I will present the undercover video taken by world famous anti-fraud MD undercover in a women's outfit and wig wheeled around in a wheelchair by this editor dressed in a fine suit, filming little children being tortured heinously for profit by a super Liberal School Board appointed Dr who took his show across the nation with the hook that it cures Dyslexia, ADHD and all learning/behavior disorders-I can still remember the awful shrill of the Children crying in pain from the torture-I took the case by one attorney who advised he failed to beat this quack in Court in his state with the Quack winning in two other states and subsequent to that, put together my team even calling in a specialist Attorney with other experts as my part with my friend/MD Super-Detective Forensic Videographic evidence, had to remain out of the limelight to not distract, and the Quack went to Federal Court where his heinous scam ended forever and a day-I still have the original letter from the Attorney who hired me paying me upfront with his letter of introduction to the case as he called it "to defray any start up costs you may incur..."} to Victor and his folks from New York and Steve from Lehigh Valley, Randy etc to become the) NCAHF who forwarded the following article on a TV Physician who may have not grasped the concept of the Hippocratic Oath and absent a private physician caring for patients, may have given deadly consequences which all should of and could of been precluded by the very prophylactic concepts set forth by Hypocrites himself.

THE LETTER FOLLOWS:

MANHATTAN (CN) - Dr. Mehmet Oz's homespun insomnia remedy left a New Jersey man with third-degree burns on both feet, the man claims in a lawsuit against the TV doctor.

Frank Dietl sued Dr. Mehmet Oz, Zoco Productions, NBC Studios, Sony Pictures Television and Harpo Productions in New York County Supreme Court.  Oz is the star of "The Dr. Oz Show," syndicated by NBC.

Dietl claims that the April 17, 2012 show touted "Dr. Oz's 24-Hour Ultimate Energy Boost Plan": how to cure cold feet-induced sleeplessness with a "Knapsack Heated Rice Footsie."

Oz said insomniacs should fill up a pair of socks with uncooked rice and heat them in a microwave, Dietl says in the complaint.

However, "Dr. Mehmet Oz failed to properly warn and instruct the home audience, and thereby plaintiff, as to the possible risks of harm that could be sustained by an individual who utilized the aforesaid home remedy who also suffered from neuropathy of the lower extremities," the complaint states. Peripheral neuropathy is numbness and pain in the hands and feet caused by nerve damage.  Dietl says his condition stemmed from diabetes.  He claims Oz's home remedy left him with third-degree burns on both feet, "severely injured, bruised and wounded" and "sick, sore, lame and disabled."

Dietl demands damages for negligence.  He is represented by Dominick Gullo of Aidala & Bertuna.

In early February, the New Yorker published a feature titled, "The Operator: Is Dr. Oz Doing More Harm Than Good?" The profile asked whether Oz put viewers at risk by blurring the line between alternative medicine and accepted science. little guy ™ 04/03/2013 

LETTERS TO THE EDITOR

Dear Scott,

I normally do not write you emails this personal -- but today I'm making an exception. My friend, we are in trouble. I spent my entire life fighting for what is right and the rule of law. I have fought against Mexican Drug Cartels who have threatened my life and my family. I have fought against a corrupt Department of Justice who is more interested in scoring political points than enforcing the law. I have fought against President Obama who doesn't have the first clue on how to secure our borders or protect our citizens.

Today, it feels like I'm fighting them all at the same time and more. And while I will never give up the fight for justice and to protect American citizens... I can't continue to fight without your immediate help. So before you read any further, I hope you will click on this link I asked my staff to give me and make a personal gift -- a sacrifice -- to help me today.

Let me briefly explain a little more:

The fight to recall me in Arizona is gaining steam and I'm afraid if we don't fight back hard right now... I could lose. In fact the headline in the local AZ paper just a few days ago read, "Arpaio Recall Off to an Impressive Start."  That's because just days ago the group fighting to recall me announced they have gathered over 120,000 signatures to recall me from office. I can't begin to tell you how bad it will be if we lose...

>>> Mexican Cartels will be the winner as they have been gunning for me for years.

>>> President Obama will be a winner as he has personally targeted me to destroy me.

>>> Drug smugglers will be the winner because they know I will NEVER look the other way when they break the law.

>>> The Obama Department of Justice will be the winner as they have failed with their trumped up "discrimination" charges against me.

>>> Open Border Liberals will be the winner as they want nothing more than to get rid of a tough Arizona Sheriff that will never back down.

But I'm less concerned about who will win... than who will lose... the losers will be:

>>> The single mother who can't protect her children from a rampant drug culture.

>>> The southern Arizona rancher who will have to fight on his own against illegals crossing his land.

>>> The grandmother whose grandson can't go to school without being confronted by drug pushers.

>>> The mother of a child who is killed by a Drug dealer that I wasn't able to keep in jail because I have been recalled.

>>> The family who cannot sleep at night with worry that their child will be kidnapped from the streets of Phoenix.

>>> The small business owner who has to move his business because illegals have control over his neighborhood.

My friend, as I wrote above... we are in trouble.

I have never written a more personal note for help before and I don't know that I ever will again. And I hope after reading my email you will decide to help me fight back by going to this link and making the most generous contribution you can to help me fight back.

I'm going to fight back with -- or without -- your help. The only difference is: will I have the necessary resources to fight or will I be over-run by an avalanche of opposition?

It's up to you.

Please send help if you can.

Very Sincerely Yours,



Sheriff Joe Arpaio
Maricopa County, Arizona

Dear Readers,

This editor urges you to donate to Joe, a man of the people, by the people and for the people.  Everyone can see the massive increase in crime all around our nation.  First it was our children and now in multiple states its our District Attorneys, Assistant District Attorney's, and Prison Executives.  Further, the liberals are taking the criminals out of jail and either releasing them absent due process (Order by a Judge) or taking them out of Prison to live in Retirement communities adjacent to homes with women and children (Connecticut).  It is clear the far left doesn't get it, and will always go after guns rather then enforcing our laws.  And this editor wants you to know that the honorable Sherriff Joe Arpaio extraordinaire has written this editor many times in the past and mostly to bring "you" the readers of this journal up-to snuff on EXPONETIATING problems which face the nation.

If you want to make a difference and protect your rights, your freedom, common sense and help to return our nation to the kind of peace and tranquility we had just five years ago, please donate to the honorable Sheriff Joe Arpaio (Poor Joe, suddenly truth has made him the little guy and antithetical to all the claims, one of someone who claimed akin to the "real" folks, has Inquisition like departments acting like out of control Giants).  If nothing else, do it for me, the little guy, and it is my promise to continue to bring you anti-fraud cases and all the rest at no charge to you.  Thank you in anticipation of your donations.  May the lord continue to bless Joe and the United States of America. little guy ™ 4/02/2013 

WEEKEND WORDS FOR FRIDAY MARCH 22, 2013

I believe in angels, the kind Heaven sends. I am surrounded by angels, but I call them my best friends....I believe that friends are quiet angels who sit on our shoulders and lift our wings when we forget how to fly....You have made known to me the path of life; you will fill me with joy in your presence...We all take different paths in life, but no matter where we go, we take a little of each other everywhere....Friends are the most important part of your life. Treasure the tears, treasure the laughter, but most importantly, treasure the memories.  Psalms 16: 11, Tim McGraw, Dave Brenner

WELL Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

Well folks, viewing the mail that is received by this Journal, one can appreciate that our President thinks someone is out to poison him, ALL mail received by this Journal over the last few months demonstrates real folks around the nation that are suffering from the actions of our President, while the media illustrates a wonderful world under Barack. 

What this editor does know is that before Barack, the only inter-nation fears in the Middle East were how the heck we were going to get Israel the peace she deserves; a peace which sets the sprits of the Bible free forevermore.  As a result of Barack, the Middle East is in flames, and the Children of the Bible have lunatics surrounding her, with Iran and North Korea on the War path. 

Economically the media again paints the false picture while more folks are on food stamps then ever before, 1 in 6 folks live in poverty within our nation, our national debt is so large it takes a ten year course of medicine to maybe bring her to balance, yet few support the survival of our nation in practical terms, thus fighting the balancing of our budget with all their means.  If you are appreciating actual cases from the Railroad World, you should appreciate that everyone is ripping off our nation for their own secretive and personal gain.  It is all to true.  Denial is the way of our nation.  These things this editor has witnessed.

Let us all pray, that whatever our Presidents secret plan is, he turns all the negatives around quickly, this year, for this editor see's chaos and catastrophe for the middle east and the orient.  Look at the Stock Market.  Smart money would have it twice as high as it is.  But it remains in real-estate ready to take the associated losses.  Clearly the smaller super wealthy folks know, things are so bad, there is no interest to be made leaving money in bank accounts, there is little in the way of profits in bonds or other investments, which has left the only game in town the Stock Market.  And it is being manipulated for the greatest fall/profit taking bubble in our history.  In fact this reminds this editor of times before the Great Wall Street Crash of 1929.

Let us hope and pray that the folks in power actually have a plan they can outline for us on how they will change our world for the better in the next few months.  For as this editor looks at the Israeli and Palestinian conundrum, solving it now seems like only a tiny pebble in a huge ocean awaiting the humongous mountains and boulders of Egypt, Oman, Iran, Libya, Syria, and spreading to Syria's neighbors as well as North Korea and its allies, and the countries now and in the future housing Terrorists.

Let us hear these answers we seek from our President now, so we can all rest assured, from the dumbest of the dumb usually seen leading the pack on TV to the smartest of the smart, usually pulling away to prepare for any situation which may arise, from the great majority of Independents, to the Republicans, the Democrats and Libertarians.  And truly let us all pray that the Lord continues to shine his countenance and blessing on the United States of America and her allies.  For as little folks or "we the people", this may be the only influence we have, as elected officials today do not represent the thoughts of their constituents. little guy ™ 3/21/13

LETTERS TO THE EDITOR - VEXATIOUS SUBMISSION

This guy is real, not a internet "made up" person and "made up" story, check him out yourself.  This was written by Dr. Jack Wheeler, Wednesday, 20 February 2013 and sadly thought provoking.

Dear Wyoming,

Your vexatious sadly thought provoking submission follows:

This past weekend I had a private dinner with three Congressmen.  I can't tell you who they are, other than one is the chairman of a powerful committee, the second the chairman of another major committee, the third a freshman.  I can't tell you where the dinner took place either.

Ostensibly, we gathered to discuss threats to national security such as Islamic terrorism, Iran, Pakistan support for the Afghan Taliban, and the Chicoms.  After we got into this for a while, I decided to see what would happen if I said what I really wanted to say:

"Fellas, what about the single greatest threat to America's national security, far greater than anything else?  That's the traitor in the White House."

I expected them to recoil in shock and dismay, but they didn't blink an eye.  All three nodded grimly in agreement.

"This is so off the record, Jack," said one, "but that's what we know is true.  How dare we even hint this publicly without being destroyed by a tsunami of smears and hate by the media?  That's the question."

"There might have been grounds during his first term for cutting him some slack," said another, "...maybe... but now it's clear as Boodles gin that his goal really is to destroy our country and its preeminence in the world."  He was a decorated Vietnam Vet, so he focused on the military.  "That's why a major priority of his is to damage our military.  That's why he wants that p**** Hagel, whose job will be to maximize the damage."

"Being from Texas," spoke up the third, "I can tell you the only thing he hates more than Texas and the Second Amendment is fracking.  Fracking and cheaper energy are what's preventing our economy from sinking into the pit he wants it in.  That's why he keeps up the ‘climate change' claptrap, the attacks on the basis of life -carbon - calls for carbon taxes, blocking fracking on federal lands, blocking Keystone, on and on.  In fact, everything he does is designed to crush our economy."

Wow.  I frankly did not expect such an unabashed outpouring of disgust and contempt by Congressmen towards the President of the United States - but they were just getting started.

"And to pay off his cronies.  Obama is the greatest crook who's ever occupied the Oval Office.  No president in US history comes remotely close.  Fracking will kill off all his crooked subsidies for his buddies' ‘renewable energy' scams, which will then kill off his buddies' payoffs to the Democrat Party.  Another reason he hates fracking."

"But it's not just an assault on our economy.  He's making a frontal assault on our culture, our moral foundations, our very existence as a cohesive society.  Everything he does is to divide us against each other, by race, by class, or any other division he can get a wedge into.  He wants amnesty and citizenship for tens of millions of illegal aliens not just to get an insuperable number of Democrat votes, but to create a culturally divided society, divided by hate and envy."

"His assault on guns and the demonization of the Second Amendment is a key part of his agenda.  As we here all know, the constitutional purpose of an armed citizenry is not hunting for food or defense against criminals, it's protection against government tyranny.  Anybody in government, any politician or bureaucrat, needs to be afraid of the citizenry, which is why the citizenry needs to be armed.  Obama wants to take people's guns away not so there will be less violence but that there will be more violence - not criminal violence but government violence upon now defenseless people."

I asked, "What's his end-game, then?  What does he want to ultimately accomplish?"  The answers:

"There are three kinds of traitors - people betray their country for money, or fear - blackmail or threat, say their family will be killed - or the worst, hate.  Obama's the third kind.  He was raised in hate by that Commie Frank Marshall Davis, whom many think was his real father, his mother devoted her life to drowning in white liberal guilt.  He's devoured by envious hate of all that America stands for and has accomplished, and is dedicated to tearing it down in revenge."

"Well, let's face it.  He's one of these narcissistic, charismatic sociopaths history has been bedeviled with for millennia.  These folks are pathological liars, they care nothing for ‘the people' whom they pretend to love, their lives are devoted to ruling over others and controlling their lives, they bring misery to those they rule yet are worshipped nonetheless.  Obama-worship is like some kind of religious cult, whose high priests are the media elite.  Obama feeds off it, so his desire for more power and creating more misery increases.  The human capacity to worship such sociopaths is one of life's mysteries."

"I'm convinced he is increasing our debt to astronomically unsustainable levels not just to have the money to make more people dependent on government programs who will then vote Democrat.  It's to destroy the dollar on purpose.  That will cause such an economic collapse it will enable him to surrender most or all of US sovereignty to global institutions or some form of global government.  His end-game is for America to cease to exist as a sovereign nation.  That's why I agree that he's that third kind of traitor, it's all for hate and revenge."

All I could think of in response was to talk about Nietzsche (1844-1900).  He wrote Twilight of the Idols in 1888, which contains one of most famous and least understood aphorisms:

That which does not kill me makes me stronger 

In other words, taking and overcoming risks is what life is all about.  If we don't, we vegetate and stagnate.  If we don't put sufficient stress on our muscles, they will atrophy.  If we put sufficiently acute (not chronic) stress on them, they will overcompensate and grow bigger and stronger.  The same with our businesses, our careers, our lives.

After quoting Nietzsche, I said, "You guys have a choice.  You can remain silent and express your convictions only privately.  Make sure you say nothing that will put your reelection in dire jeopardy, never push the envelope of controversy too far.  You may then accomplish something on the political margins by staying in office, but mostly you'll end up on the side of the status quo. 

"Or you can stand up to this traitor and denounce him for what he is.  Millions will hate you and the media will demonize you.  But millions more will stand up with you and cheer.  I know you're well aware that the very existence of our country is at stake.  You're standing up and telling the truth about Zero could be the start of saving it."

"Jack, let me tell you a story," came a reply.  "Not long ago, I held a Town Hall meeting in my district at the request of my Tea Party constituents.  I'm a big supporter of the Tea Parties as you know.  They were fired up, full of demands to cut spending for real, railing against this and that program which they thought should be eliminated (and so do I).  So I asked them a question:  The biggest problem by far in federal spending is the entitlement programs such as Social Security.  In the interest of really cutting spending, how many of you would be willing to temporarily forego your Social Security check for a short time, say three months?

"There were well over 100 people there, many of them 50+.  Guess how many hands went up?  Realize that these were hard core Tea Party firebreathers.  Not one.  Not one single person raised their hand.  It's easy to target us in office.  And sure, we ought to be targeted.  That's fair. 

"And we can blame the moochers and the takers.  But when even Tea Partyers are so addicted to government they can't imagine going without it even for a short while, we've got a far deeper problem than the moochers, the media, Hollywood, our colleagues on the other side of the aisle and the wimps on our side, or a traitor in the White House."

He looked at his two fellow Members.  "Here's what really keeps us up at night, Jack.  We're afraid - afraid that Zero, as you appropriately call him, is an effect, a consequence not a cause of what's happening to our country.  We're afraid there is a rot in the American soul.  Not all Americans, obviously - but enough to cause a national sickness, a cultural loss of confidence.  So many people, including many Tea Partyers, believe in government more than in themselves."

There was the silence of agreement, then a glass of wine was raised.  "I want to offer a toast," the speaker said, "to the American spirit and the President who most believed in it - Ronald Reagan.  Americans had lost faith in themselves under Jimmy Carter, and Ronald Reagan restored it.  That's what he would do today were he with us, so it is up to us to act as Ronald Reagan.  To the Gipper.  Let's live up to him and the best of America."

I came away from the evening with hope - that with men such as these three in Congress and others like them on Capitol Hill, Red State statehouses, plus millions of American patriots who feel as they do, we can triumph over the tragedy of the traitor in the White House.  That America can someday be as Ronald Reagan envisioned it, a shining city on a hill.-Written by Dr. Jack Wheeler - Journal (Received this Article from two readers) posting 3/21/13 little guy ™

A MONDAY FUNNY TO GET YOU THROUGH THE WEEK CALLED THE NEW CHIEF SAMURAI

A powerful Japanese Emperor needed a new Chief Samurai. So he sent out a declaration throughout the entire known world of that time that he was searching for a CHIEF Samurai. A year passed, but only 3 people applied for the very demanding position;

A Japanese Samurai, a Chinese Samurai and a Jewish Samurai.

The emperor asked the Japanese Samurai to come in and demonstrate why he should be the chief Samurai. The Japanese Samurai opened a match box, and out popped a bumblebee.

Whoosh! went his sword, and the bumblebee dropped dead on the ground.

The emperor exclaimed "That is very impressive!"

The emperor then issued the same challenge to the Chinese Samurai, to come in and demonstrate why he should be chosen. The Chinese samurai also opened a match box and out buzzed a fly.

Whoosh! Whoosh! and the fly dropped dead on the ground in four small pieces.

The emperor exclaimed: "That is VERY impressive!"

Now the emperor turned to the Jewish Samurai, and asked him to demonstrate why he should be the Chief Samurai. The Jewish Samurai also opened a match box, and out flew a gnat. His flashing sword went Whoosh!

But the gnat was still alive and flying around.

The emperor, obviously disappointed, said: "Very ambitious!, but why is that gnat not dead?"

The Jewish Samurai just smiled and said: "Circumcision is not meant to kill."

Have a great weekfolks. little guy ™ 3/24/2013

PRESIDENT OBAMA'S MIDDLE EAST TOUR Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

Well folks from what this editor can gather there were the positive outcomes and perhaps a negative taste left in the mouths of some.  On the one hand or the positive front, Barack made little in the way of apologies which is antithetical from his past performances in the Middle East, as well as demonstrating his charming side, which demonstrates to folks how he charmed a nation (Our Great Republic).  On the other hand, it appears that he performed in his prototypical manner which was to promise the Israelis what they wanted to hear, promised the Palestinians what they wanted to hear, and promised the Jordanians what they wanted to hear.  Thus by the end of the day, many probably have a bad taste in their mouths as each group felt that when viewed totally, little in the way of improvement or a way forward out of the massive turmoil which has developed over the last four-five years (a turmoil greater than any in the Middle East since perhaps the days of Rome as fires of hatred now burn in Egypt, in Libya, in Syria, because of Iran, spilling into Syria's neighbors), will occur. 

Frankly, the entire trouble with the Middle East and North Africa is Iran.  Absent Iranian influence, the Muslim Brotherhood, Hamas, Hezbollah, and all the Terrorist factions lose their false identities and secret financing and logistical support, and once again become what they are which is actually a much smaller and more controllable problem.  Yes peace in the Middle East would be in our grasp, if Iran's World Domination (Arians guised as Clerics) efforts were curtailed.  And on that front, our President has granted more time for Iran to develop its WMD's, which if only one made it through defense shields, devastation would occur to folks of Jewish Faith, Christian Faith and Muslim faiths within the areas noted in this essay.

Thus President Obama's Middle East tour was more of a Middle East Vacation rather then attaining the types of positive gain made by past visiting Presidents.  However, there is something magical about Israel, in that after one returns, often the lord touches the hearts of visitors no mater their color, creed, race or religion.  Finally, our President did show some of his patented Barack Obama charm while he was in the Middle East, and let us hope that will sustain the world, until real actions occur which will lead to a lasting peace and TRANQUILITY for the Middle East and thus the rest of the world.little guy ™ 3/24/2013

HOLLYWOOD SAVE AMERICA AS THIS GOVERNMENT IS INEPT Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmans." 

This year Hollywood reveals how great our country and our folks are with ARGO.  And this year we the people witnessed the impotent Benghazi Clinton and disinterested Benghazi Obama (Both failed the metaphorical 3.A.M call) and all the rest fail time and time again, and left our folks behind.  No help from our huge presence in Afghanistan, no help from our presence in Italy, no help from CIA outside of Libya, and no help for our great ex CIA SEALS and our CIA or SEALS.  No calls to the Libyan Government for help, no calls to Morsi, no calls to Israel, no calls to anyone just cover-up, spin and high crimes and misdemeanors against "we the people".

This article calls out to those that built the straw man, or Hollywood to do your thing, do your magic and end Obamacare, end the left war on the right, and return to the hearts and minds of all good and free peoples.  Folks, we need the Communist Broadcasting Network or CBS to come back, we need the Crappy Nutty Network or CNN to come back, we need the Nutty Broadcasting Network or NBC to come home to the free and the brave, and we need the Abhorrent Broadcasting Network or ABC to return home.  1 in 6 today live in poverty.  Too many folks need food stamps and need is the operative word here under the liberal economy.  43 cents spent by this government is borrowed, and we have broken the bank with almost a 17 trillion dollar debt.  A number so large the violators of the public trust who lead us cannot relate to the number so they leave us at dooms door. 

We must be so strong as to never again leave us at the Mercy of evil.  Tell the truth.  If a Bush was in office we would have taken out Iran's military complex and ships and ended the Iranian Horror of Weapons of Mass destruction.  This article calls out to all folks of this great Republic to return to the way's of strength militarily and monetarily.  We must develop our oil shale and follow my Energy Independence in 5 years plan from California to the Atlantic Ocean from North Dakota to Texas, we must join on my plan, submitted to the White House first in 2010 and advised to send it to Chu which I did, and begin the greatest US financial boom in world history.  We can fix our economy now and fix our world.  But we must all do it together.

Finally, this article seriously congratulates Ben Affleck and Hollywood for bringing home the truth for one small wrinkle in time. Little guy ™ 3/23/2013

THE LORDS TRUTH UNAFFORDABLE CARE ACT INJURES FOLKS OVER 75 AND ALL MEDICARE RECIPIENTS-OBAMA CARE GIVE GOV RIGHT TO END YOUR LIFE AND TOO MUCH MORE Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

WEDNESDAY WIT TO GET OVER THE HUMP

A wife was making a breakfast of fried eggs for her husband. Suddenly, her husband burst into the kitchen. "Careful," he said, "CAREFUL!  Put in some more butter!  Oh my gosh!  You're cooking too many at once.  TOO MANY!  Turn them!  TURN THEM NOW!  We need more butter.  Oh my gosh!  WHERE are we going to get MORE BUTTER?  They're going to STICK!  Careful. CAREFUL!  I said be CAREFUL!  You NEVER listen to me when you're cooking! Never!  Turn them!  Hurry up!  Are you CRAZY?  Have you LOST your mind?  Don't forget to salt them. You know you always forget to salt them.  Use the!  Salt.  USE THE SALT!  THE SALT!"  The wife stared at him.  "What in the world is wrong with you?  You think I don't know how to fry a couple of eggs?"  The husband calmly replied, "I just wanted to show you what it feels like when I'm driving."

Come back next Wednesday for "Humor to get you over the hump"! little guy ™ 3/19/2013

WASTING AWAY IN OBAMAVILLE

Folks if you want a good laugh yet an experience which may make you cry, you must hear the following new tune.  Without further ado please hit play for Wasting Away in Obamaville.

. little guy ™  3/11/13

PROOF THE LEFTIST VIEW OF THE WORLD IS KILLING AMERICA Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

Well it was announced today that for the first time under any president, the big Chinese Banks made more profit then the biggest four US banks.  America's wealth and ability to aid its citizens is shrinking under our popular loveable President.  The Liberal economy is foundering only floating on bailouts and the printing of more money lessening the value of the dollar as our debt is flying higher and higher with our money shrinking or falling lower and lower in its ability to ever pay off the debt.  Mass stupidity by the left and of course like Benghazi, zero in the way of prophylactic protections for our nation.  And until the time our popular president comes out and acknowledges that the far left thinking has failed and he is moving toward the conservative ideas of the center, he will be unable to fix a problem that this editor would bet dollars for donuts he would like to fix.  It is just that he must change in order to offer a positive change for our nation.  Things are ever creeping closer to the world currency becoming the Yen, and if that happens, printing money becomes mute as no-one will want it!  Please try to grasp the order of things liberals, for your far left has hurt you as much as everyone else.  Its a matter of seeing the forest for the trees.  What's the rub if you will?  The leftist liberal's tell us to study Chinese Leaders of old (Mass Murderers) while the Chinese of today are students of our founding fathers.  It's all so sad for the wise.  Think of it, Smart Money claims the Sequester is what is keeping the markets hopeful.  Hope because of unintended consequences spells trouble.

Let us hope that on this wonderful Easter, we the people of soul (Religion) can bring our morals back to the hearts and minds of the many, for the left preaches commons sense and proves an uncommon stupidity guised in so many costumes, that it is up to the good.  Our world was run by the Atheists with Gay and Lesbian practices common place between the dying off of Noah and the birth of Abraham, and the world was a horrible place to live in.  Yet as Abraham rediscovered what the ancient Jews of the Bible knew, good "life" again came upon the green earth.  Tolerance yes, but a way for everyone, no the way's of "all that is good" rather then self serving sex preached as the only way of life for the masses!  It is claimed by the leftist media that our young were not brought up with the wisdom of concurring temptation which may be less positive for ones short life then living a blessed life. 

Later, when the lord blessed Rabbi Jesus, a good not seen in ages illustrated for all the universe, perhaps since the time of King Solomon, that we too could emulate "all that is good" as Jesus, the last of the great Profits, blessed with miraculous abilities akin to the Lord granting Moses miracles for example, which could prove the roadmap to salvation.  Let us all pray today that the Lord continues to bless and keep all Americans.  For we were the example to the world on how all folks of all colors, creeds, races and religions could get along, until the last five years where the Racists seem to have taken over the far left along with other savory and overly talkative unwise and often stupid characters.

Lets us all pray for a return of real common sense to our leaders, and pray that the lord bless and keep all his followers, until the end of time.   Happy Passover blessings and a happy Easter for all of mankind. little guy ™ 3/30/12

LETTERS TO THE EDITOR-CALLED RECOGNIZE THIS GUYTOTALLY MAGNIFICENT PICTURES JUST IN FROM STORMIN' NORMAN - ACTUAL AWESOME SKY'S & OCEAN  BEFORE KATRINA STRUCK ONLY HERE AT THE INFOJUSTICE JOURNAL Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas" Benjamin Franklin 

This says it all about, ABC, NBC, CBS, MSNBC, CNN!  Do you know who this is? is?  It is little Trayvon Martin!  At 17 years of age.  I don't know how much coverage this story has had in your area, but, if it has, here's a new look at it !  For those of us who thought we were well informed and weren't....quite the reality check.  That old adage applies here:  "there are two sides to every story."  We don't always get the truth from the media.  One of my favorite rants - the liberal controlled media, television news, newspapers, magazines, radio; all continue to show 12 year old Trayvon; NOT 17 year old Trayvon.    They continue to show the 5 year old picture BECAUSE it helps to cement in your mind the cute, little, hoodie-wearing 12 year old who was stalked by this monster.  In reality "little Trayvon" at the time of his death stood almost 6'2" tall and weighed 175 muscular pounds.  He had numerous run ins with authorities (both at school and local police), had been stopped and almost arrested two days before his death for smacking a bus driver in the face, because the driver refused to let him ride for free.  He was released because the driver was told not to press charges by the bus company and to continue on his route.

When "little Trayvon" was suspended at school it was not only because he tried to bring a little marijuana in with him, he was in possession of wedding rings and other jewelry, watches, etc. that he said he "found" along with a large screwdriver while on the way to school that day.  The jewelry was turned over to the Police by the school.  I am not trying to say this was a good shooting!  I am not trying to say this young man deserved to die.  I am saying the media in the USA is controlled by liberals who twist and distort what you see and hear in order for you to see things their way. 

Not a single paper has printed RECENT photos of this kid, because it would not keep your interest in this case.  Not a single paper will admit that this kid was a marijuana dealer.  His friends on Facebook all say he had the "best plants".  Not a single paper will show you any of his recent photos where he shows off a mouthful of gold teeth and all of his tattoos.  Not a single newspaper will tell the news like it really is...and NOT ho they want you to think it is...  President King Obama looked at the FIVER year olds photo the media chose to show the Nation and

Trayvon..."  So from that comment should I assume you did not bother to look for the facts in this shooting...or should I assume you want a son who is 17 year old drug dealing, gold teethed, tattooed thug whose name on one of his Facebook profiles was "Wild Nigga" who 'finds" jewelry and burglary tools on the way to school?  A fair and impartial news media in the USA?. 

One that does not follow the liberal agenda?  Is NOT looking to further divide this already fractured Nation?  I didn't compose this.  I'm only passing it on.  Never trust the news media for anything.  "if ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin."  Samuel Adams extraordinaire,  Founding father -1780.  Folk, if not now, when?  If not us, who?

Dear letter writer,

This editor warned Hollywood recently that no one will believe their movies or go to the theater any longer, if the folks think everything the media produces is fraudulent.  Clearly, this editor has been lied to by ABC, NBC, CBS, MSNBC, CNN and shame, shame, shame on them.  Even Fox News is afraid to show the true picture of poor Trayvon.  No one should be killed yet, this editor has been asking for a sign, and you sent this on Easter, which clearly indicates that perhaps the Holly Ghost or the sprit of truth is beginning to charge the "light of the eternal mind".  This is the light that all human beings have but unfortunately and clearly for most liberal pundits on the stations you mentioned, has turned to a dim or dark side of man; human will if you please. 

It appears that this editor was misinformed by the media of the true facts of this case and right about now feel my readers should be told the truth which is why your letter to this editor was posted the same day it was received; truly rare for this Journal.  Well this editor and my readers if I may speak for them are outraged by the truth coming out like this and by the end of the day, only through the precepts taught by the Judeo-Christian philosophy, will we ever be able to build trust in what others say; what far leftist liberals say? 

Even the story of the Bible as great as it is and Killing Jesus has this kind of stuff in it.  For example, did you know that all of the original Priests or later "so called" Pharisees save two were murdered by the Romans by spears?  Simply killed, left to suffer and die by the spear and none was allowed to help them; die horrifically for the crime of loving the lord your G-d.  And they were priests not rulers over the people (Jewish Folks had a King, Judges and Orekh din's=early lawyer-like representatives for the citizen until the Romans Killed the King etc-There was the rule of law until Roman conquerors killed during their control) as those that followed.  The two that lived asked to keep the Torah from destruction and were destined to live within the Holly of Hollies for the rest of their lives while folks of little religion were appointed to the posts of the "Priesthood".  Of course they were able to learn some of the knowledge of the Jewish scribes but they were not practicing living by the rules of Jewish life and law.  They were not of or by the Jewish people but an appointed authority to try to keep the Jewish people in check.  This is Roman rule and the way of Roman rule.  Unless one was a Roman Citizen they were treated as animals and so degenerated public rules or order.  Yet, there are those that for their own convenience never tell the truth of how Jesus, a Jewish Rabi, brought Judaism and the belief in G-d for the world to choose, and as his followers believe, much, much more.  He never tried to preach to knowledgeable Jewish folks living their lives by good and decent folks, for their light of the eternal mind burned brightly.  No, he took his ministry to those who were empty of spirit, the miss-influenced, downtrodden, the sick, the suffering, the poor, the weak, the disabled and who's ghost writings for USFDA does this sound like?  Just an old trumpeter, a Paul Revere like soul if you will, one who only sounded the alarm through grass roots support, but never one who would try to change ones mind by force, but only to give the facts, and let others grow as the seed turns into the lovely flowers of our world, or the clouds which form smiles from Heaven.  Thus, the liberal media today is akin to falsely appointed authorities who bring you fraud as truth on a daily basis.  It is my hope that Hollywood influence can turn the "whole kit and caboodle around", so to speak.

Thank you so much for you startling but revealing letter exposing true fraud by our liberal media, and I hope you continue to enjoy reading the InfoJustice Journal.little guy ™ 3/20/13

WHO PREDICTED RAND PAUL WOULD BOUNCE OUT IN FRONT OF CONSERVATIVES Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin-

Well folks, this editor has received input from so many folks that were shocked that once again, out of the blue, one of my predictions came true.  Frankly, folks don't listen but Dr. Senator Rand Paul won the straw poll at the Conservatives convention this weekend called CPAC, and this editor predicted it below, weeks before Rand Paul had even threw a lasso up into the clouds and pulled Barack Obama back down to earth to possibly begin to offer lawful answers to the tough questions which face our Republic.

Well folks, if anyone would ever listen to this editor ALL THE TRUTH'S IN THE WORLD WOULD BE DISCOVERED.  And that is the lords truth! little guy ™ 3/18/2013

WEDNESDAY HUMOR TO GET YOU OVER THE HUMP

Folks it's hard to keep a straight face when famed comedian Marty Fidelman is speaking.  Below please find some humor by Marty on 101 WAYS TO TELL YOUR MARRIAGE IS OVER!

Your marriage is so dead that you have a séance.

Your favorite book is, "Sex For One".

He claims that he now has PMS.

Please come back next Wednesday for 101 WAYS TO TELL YOUR MARRIAGE IS OVER by Marty.little guy ™ 3/13/12

ACTUAL CASES FROM "TALES OF THE RAILS-RAILROAD CLAIMS STORIES" BY NORMAN UDEWITZ- A NEW INFOJUSTICE JOURNAL WEEKLY SERIES Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmans." 

Introduction

Certain laws cover most employees today who are injured while in the course of their employment.  Injured railroad employees are covered and protect by a Federal Law, entitled the Federal Employees Liability Act, also known as FELA.  The Jones Act is the only other federal law and it covers maritime workers.  Most other workers are covered for injuries, which they incur during the course of their normal and customary work duties, by State Compensation laws, especially in California.  This is a "no-fault" system covering injuries, which arose out of employment or during the course of employment (AOE/COE).

Furthermore, under the auspices of FELA, there is no formula to calculate monetary compensation or to define for a jury what the limit is in terms of the value that may be award for injuries.  Because of these pitfalls, many injured workers have found that they can wreak a goldmine from the courts for work-related injuries.  This is not to say that there are not many injuries which indeed deserve heavy compensation relative to the losses which have been incurred by workers, but it is to say that many workers have found it all too easy to exploit the system and bring home the gold, even thought they are still clearly able to work and the injuries that they have incurred are minimal.

The next section focuses on injury cases involving the railroad.  Approximately 90% of the cases handled by the railroad actually involve railroad workers themselves.  Other cases involve civilian bystanders who are incidental to the injury-causing accidents.

FELA: FEDERAL EMPLOYEES LIABILITY ACT

The following cases do not all involve railroad workers but many do.  Of the current railroad inventory of cases some 90 to 95% involve injures to their own employees with a portion relative to civilians.  These employee cases reflect judgments and settlements involving the Federal Employees Liability act (FELA).

There are two critical addenda to the FELA, which are known as the Boiler Inspection Act & the Safety Appliance Act.

The Boiler Inspection Act covers ladders, handholds, brakes, safety appliances, lighting and the cleanliness of the locomotive engine. The Safety Appliance Act covers sill steps, ladders, handholds, brakes, and other safety appliance and coupling mechanisms, and all other safety appliances on railroad cars.  If there is a violation of either one of these acts a judge in a courtroom would instruct the jury to consider the railroad 100% negligent and the only decision for the jury is how much monetary damage to award.  The only defense the railroad has is to prove the plaintiff is faking or is involved in a fraudulent claim if one of these acts applies.

CASES AND INCIDENTS

THE PEPPERDINE TRANSCRIPT

This case involves a 40 year old brakeman riding on the side of a tank car while holding onto the long pipe-railing handhold.  The hand railing gave way causing the brakeman to fall backwards hitting his head on the pavement at an oil refinery.  The brakeman filed suit, and while he had a legitimate concussion and neck injury he tried to add in pre-senile dementia.  He also sued the oil company that owned and was responsible for maintaining the tank car.  In order to prove his claim of pre-senile dementia he placed into evidence a transcript from Pepperdine University showing he had excellent grades.  He then claimed his IQ test rating was progressively lower each time he was tested following the injury.

The railroad brought in the registrar from Pepperdine who testified the transcript was on their letterhead, but they had no other record of this man attending any classes at their university, and further that they had to fire one of their employees for selling blank transcripts to interest people.

After the closing arguments the judge dismissed the case against the oil company, which the railroad felt was in error.  I settled the case while the jury was still out for less than what the plaintiff wanted.  The judge then dismissed the jury and instructed that they may talk to the attorneys.  Suddenly it was revealed that the jury foreman was a union representative for an industry and that there was one other union representative on the jury.

The railroad did not know any of this prior to the trial, as the judge did not allow questions of jurors.  We also learned the jury wanted to award $200,000 more than the settlement.  When I asked the jury foreman about the fraudulent Pepperdine transcript, he advised they had forgiven the plaintiff for fraud.

This was not he end of the case as the railroad appealed the decision to dismiss the oil company.  As a result the case was re-opened and the oil company paid 50% of the settlement.  This lawsuit is a prime example of irrational jury thinking.

It is my strong opinion that nine out of ten juries would have either severely compromised the plaintiff's award or returned with a defense verdict in this matter.   (Stormin) Norman Udewitz

Editor's note: Only last week once again the egregious rip off the Railroad, insurance company or third party payer theme of this case was presented by a well meaning uneducated DUPE and apparently the new scam is a "lecture" by some frauds claiming anyone and EVERYONE who falls on their tailbone  gets a concussion and loss of mental acuity and awareness!  They take a bottle loosen the top cap and drop the bottle.  When the cap pop's off they claim, "see this is your brain".  It's just that DUMB (Please study my Video on Concussion testing and Brain injuries when I am able to get it transferred from tape to MPG-Coming Soon)!  If this editor had not heard this fraudulent egregious claim designed to rip off the powers that pay, I would have never believed it.  "You just can't make this stuff up".

Folks, come back next week for some of the most humorous injury cases in recent experience as well as devastating injuries to employees of the railroad and other involved persons.  Many of these cases were brought before state and federal judges involving claimants who were represented by attorneys, and the reader will get a view of what can occur during the litigation process, especially involving large dollar cases as well as unique defense verdicts.  You will be amazed and entertained by the actual process involved in the resolution of these matters. little guy ™ 3/12/20

LETTERS TO THE EDITOR

Dear Dr. Neff,

My Medical Appointment

I visited a physician last week. It was a new doctor in the practice--a young lady (at MY age, EVERYBODY is “young”--when I was born, the Dead Sea wasn‘t even sick) who was quite enthusiastic.  I was thinking of hitting on her, but I don’t like the phrase, “You remind me of my grandfather.”