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Mr Smith, an elderly man was being cross-examined during a trial in
which he was the plaintiff and was seeking damages of $10 million for personal
injuries sustained in a motor vehicle collision.
Under cross-examination by the barrister representing the defendant insurance
company he was asked: "Did you or did you not say immediately after the
accident -- I am fine?".
Mr Smith replied: " I did... but..." Before he could continue the
barrister said: "Mr Smith it is a simple yes or no answer. Did you or did
you not say immediately after the accident -- I am fine?" Again, Mr Smith
replied: "Yes I did... but...". Again, the barrister told Mr Smith not to
elaborate on his answer.
At this point the Judge intervened and said that he would like to hear
what Mr Smith had to say.
Mr Smith continued: "Well Judge what happened was this. I was
driving along the highway and I had my dog in the passenger seat next to me. As
you would have seen from the video footage recorded by the cameras on the
highway, the insured truck drove across the wrong side of the road and hit my
vehicle head on. My motorcar was thrown into the air and flipped over 17 times
before it landed and burst into flames. I was flung out my vehicle and so was
my dog.
My dog was lying next to me. I looked at my dog and saw that my dog had multiple
broken bones and was covered in blood. In short, my dog was a mangled mess. My injuries were worse than those of my dog. At
that moment a policeman happened to be driving by, got out of his vehicle,
walked over, looked at my dog , saw his serious condition, took out his
revolver and shot my dog. He said to me: "How are you?".
"Your Honour what would you have said!!!!"
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