Elly, you got lucky. You didn’t tell the truth that you were not paying attention and made an illegal left turn against an oncoming car. I suppose the judge had to rule this way because there is no way to prove your inattentiveness save for a CCVT video – did not exist 30 years ago when this was first drawn…however if Lynn had updated this one, she might have no choice but to make Elly guilty.
When I divorced I was able to show what a son-of-a-gun my ex was and the judge made my ex pay 75% of my court costs and alimony (married 20 years). I wanted to kiss that judge. My attorney said she had never seen that done.
The best part is that it’s a true story, so apparently she was not at fault by her judge, whatever we say, LOL:
What made my day after the case was dismissed was that the court secretary asked if the judge could have my drawing. Exhibit “A” was put up in the staff room as a sample of original art by yours truly. It wasn’t a comic strip, but it was still pretty funny!
In order to have a successful civil court claim in Ontario, the Plaintiff must prove that the negligence of another party was the cause of their loss. One of the defences available to the Defendant is to plead that the accident was inevitable. Once the Plaintiff has proven a case of negligence, a Defendant relying on the defence of an inevitable accident must prove that, “…some event had occurred in which they had no control and that the resulting consequence caused by the event could not have been avoided by the exercise of reasonable care.” Simply put, the Defendant must prove that the accident could not have been avoided despite driving with reasonable care and diligence.
Neither Mr. Pervrett or Elly Patterson claimed the accident was inevitable. They both claimed the accident was the other’s fault and gave a reason for the negligence of the other driver. The judge cannot rule for unavoidable accident if that was not used as a defence by either driver. Likewise, in order for a judge to dismiss a case, someone who is not the judge has to have filed a motion to dismiss.
In the Comedy Courtroom, the rule is that the judge throws out the law in favor of the heroine of the story, so she can say something funny. Now, if Elly’s “Yahoo! We did it!” does not make you laugh, that breaks the law in the Comedy Courtroom.
Templo S.U.D. about 6 years ago
I bet the judge is mentally thinking “yahoo” to himself so he can go fishing.
capricorn9th about 6 years ago
Elly, you got lucky. You didn’t tell the truth that you were not paying attention and made an illegal left turn against an oncoming car. I suppose the judge had to rule this way because there is no way to prove your inattentiveness save for a CCVT video – did not exist 30 years ago when this was first drawn…however if Lynn had updated this one, she might have no choice but to make Elly guilty.
sandpiper about 6 years ago
The joy of beginner’s luck
asrialfeeple about 6 years ago
I think there are a lot of ready who are saying “Yahoo” as well.
John Premium Member about 6 years ago
So they are letting passing a stopped school bus go? Good message here
dwane.scoty1 about 6 years ago
Victory for Mousy Housemarms Everywhere!!
Stevefk about 6 years ago
Could have been worse outcome with a dish of Humble Pie, she could have gotten 30 days in the hole!
8ec23d5228da33aa2115003c92d0fe83 about 6 years ago
When I divorced I was able to show what a son-of-a-gun my ex was and the judge made my ex pay 75% of my court costs and alimony (married 20 years). I wanted to kiss that judge. My attorney said she had never seen that done.
masnadies about 6 years ago
The best part is that it’s a true story, so apparently she was not at fault by her judge, whatever we say, LOL:
What made my day after the case was dismissed was that the court secretary asked if the judge could have my drawing. Exhibit “A” was put up in the staff room as a sample of original art by yours truly. It wasn’t a comic strip, but it was still pretty funny!
SandyWalsh about 6 years ago
The guy passed a school bus – how does he get away with that ?
JudyHendrickson about 6 years ago
good for her!!!
gigagrouch about 6 years ago
“Crash” not “accident.”
preacherman Premium Member about 6 years ago
So much for justice in Canada.
ellisaana Premium Member about 6 years ago
In my state, that’s contributory negligence. Both were partly to blame, so neither can collect from the other person’s insurance.
paranormal about 6 years ago
Elly, the Judge loves you!!!
lagoulou about 6 years ago
tuslog1964 about 6 years ago
Once in a while, you win one!
JD'Huntsville'AL about 6 years ago
That would NEVER happen in the states. Judges always find SOMEBODY guilty.
Train 1911 about 6 years ago
I remember this from years ago but did not comment for I did not want to spoil it for people who followed it
howtheduck about 6 years ago
http://otlablog.com/the-inevitable-accident-defence/
In order to have a successful civil court claim in Ontario, the Plaintiff must prove that the negligence of another party was the cause of their loss. One of the defences available to the Defendant is to plead that the accident was inevitable. Once the Plaintiff has proven a case of negligence, a Defendant relying on the defence of an inevitable accident must prove that, “…some event had occurred in which they had no control and that the resulting consequence caused by the event could not have been avoided by the exercise of reasonable care.” Simply put, the Defendant must prove that the accident could not have been avoided despite driving with reasonable care and diligence.
Neither Mr. Pervrett or Elly Patterson claimed the accident was inevitable. They both claimed the accident was the other’s fault and gave a reason for the negligence of the other driver. The judge cannot rule for unavoidable accident if that was not used as a defence by either driver. Likewise, in order for a judge to dismiss a case, someone who is not the judge has to have filed a motion to dismiss.
In the Comedy Courtroom, the rule is that the judge throws out the law in favor of the heroine of the story, so she can say something funny. Now, if Elly’s “Yahoo! We did it!” does not make you laugh, that breaks the law in the Comedy Courtroom.
coffeeturtle about 6 years ago
This was a most confusing case.