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Old 06-14-2008, 10:15 AM
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Danr55 Danr55 is offline
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Join Date: May 2007
Location: Mesa, AZ
Cobra Make, Engine: Contemporary Classic, 428 FE CCX 3069
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Joe, I really understand what you are saying and I believe that there are a couple of facts that you really need to consider at this juncture:

1. No one (at least not me) is really sure about what happened with Stuart at the time this was all written. In any event, Stuart's actions, initially, only affected Stuart. We had stopped to lend assistance, but at that time, no one had any ill effects other than Stuart.
2. Since this took place, some folks who were there, who were not directly affected by the accident have made some revelations to me that are not printed. To wit, the woman was still on the cell phone while she was trying to control her SUV with the brakes locked up.

Now Stuart has paid the price for his error, what ever that may be. I'm sure he has personal regrets not to mention the citation(s) written. BUT.. (and that is capitalized for a reason)... Stuart's failure or short sightedness or what ever led to his getting wrapped up in the wire only affected Stuart. The lady on the cell phone affected several other folks. So I have a difficult time understanding why although they are related incidents, the causes of the two separate collisions should be related. What you are implying makes as much sense to me as the idea of "comparitive liability" which while being the law in Arizona, is STUPID, as it is applied. Why a person should being held liable for an accident just because they have a higher insurance coverage and they happen to have been there. "If you hadn't been in the intersection, my client would not have hit you when they ran the red light". That argument never made sense to me and I'm sure it doesn't to anyone who injects a modicum of logic into the discussion. So hold Stuart responsible for the second collision is purely illogical and holds no merit in my opinion. You could, I guess following your thought process hold me partially responsible for the demise of CCX 3209 becuase I got up that morning and decided to drive to the show in Globe. Sorry, I am a firm believer in people taking responsibility for thier own actions. Stuart for getting wrapped up in the wire, (if... and I have no direct knowledge about that part of the accident... there was no one else involved) and the young woman in the SUV for wrecking my car and Jeff's car and the DPS vehicle. To my mind, your argument just doesn't wash.
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Dan in Arizona
CCX3209


"It's a great car and I love it, but it doesn't do 'SLOW' very well."