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Closing Argument

Transcript: Brake Drums that have reached the maximum service diameter are more susceptible to rising heat because there are less drum mass available to absorb the heat Closing Argument As stated in the Highway Accident Report, they believe that the mechanic lacked the proper training in brake maintenance and inspections, did not detect the poorly adjusted or inoperative brakes on the trailer, and did not perform recommended maintenance Brake shoe lining thickness and brake drum diameters should be adjusted regularly to ensure that each part of the brake pad is taking a proportionate amount of the wear of stopping the vehicle. The Highway Accident Report stated that the brake shoe lining on the rig was in compliance with standards, with the exception of the Fifth Wheel on the right. The brake drum diameters were also measured and none exceeded Manufacterer's maximum thickness, they were all approaching it. The First and Fourth tire on the right, as well as, The Fifth on the left exhibited rust The Tractor Trailer Involved In Our Accident Was Registering A Temperature Of Over 800 Degrees AVERAGE TEMPERATURE OF BRAKES ON EXIT RAMP Ace Trucking Is At Fault For Accident When Investigators Tested Tractor Trailer's Emergency Brake, Only The Fifth Wheel On The Right Locked, The Fourth Wheel On The Right And The Fifth Wheel On The Left Were Free Rolling According to the Highway Accident Report, a dust cover protecting the brake drums and springs would have reduced the chance of corrosion to the springs and drums, prolonging the life of the brake parts and the life of the brakes Tractor Trailer Air Brake Dust Covers Conclusion From Highway Accident Report Brakes Were Improperly Maintained Conclusion Emergency Brake HOW TO LOWER TEMPERATURE? Based on the Inspection conducted by the Missouri Division of Motor Vehicles and Railroad Safety after the accident, the truck would have received a rating of a 4 instead of a satisfactory score After Accident Inspection Mechanic's Training The National Transportation Safety Board Determines That The Probable Cause Of The Accident Was The Truck Driver's Inability To Stop The Tractor Semi-Trailer At The Stop Sign At The Bottom Of The Ramp Due To The Reduced Braking Efficiency Of The Truck's Brakes, Which Had Been Poorly Maintained And Inadequately Inspected. Contributing To The School Bus Passenger's Injuries During The Side Impact Were Incomplete Compartmentalization and Lack Of Energy Absorbing Material On Interior Surfaces EFFECTS OF IMPROPERLY MAINTAINED BRAKES State Police Investigators Did An Air Brake Inspection 4 Weeks After The Accident, Stopping The Trailer At Speeds Of 20 And 40 MPH, Only The Brakes On Fourth Axle Left Side And Fifth Axle Right Side Locked, The Other Wheels Were Free Rolling With Brakes Fully Applied PROPERLY MAINTAINED EMERGENCY BRAKES

Closing argument

Transcript: Ostroski v. Lynn Operating a home business is not permitted The plaintiffs can enforce the ordinance Section 7. Violation and Penalty. . . . and in addition to the above penalty such actions at law or suits in equity may be maintained by . . . any interested persons, as may be authorized by law. K.S.A. 12-761(b) . . . any person the value or use of whose property is or may be affected by such violation, shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce the adopted zoning regulations and to abate nuisances maintained in violation thereof. The Zoning Ordinance did not change Section 6. Changes and Amendments . . . That said proposed change shall be first submitted to the Special Commission appointed by the mayor for recommendation and report. That not less than thirty (30) days notice of such proposed change shall first be published in the official newspaper of said municipality, and a hearing be granted to any person interested at a time and place specified in said notice. K.S.A. 12-757(b) All such proposed amendments shall first be submitted to the planning commission for recommendation. The planning commission shall hold a public hearing thereon, shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for recommendations on the original proposed zoning regulations provided in K.S.A. 12-756, and amendments thereto. K.S.A. 12-756(b) . . . Notice of such public hearing shall be published at least once in the official city newspaper in the case of a city or in the official county newspaper in the case of a county at least 20 days prior to the date of the hearing. Notice requirements are jurisdictional: Carson v. McDowell, 203 Kan. 40 (1969) The City of Eastborough did not even claim to be changing the zoning ordinance when it enacted the business licensing ordinance. "Beep! Beep! Beep!" "Fucking asshole" Threatened with moving car "I know that his concerns are valid because Mr. Lynn comes down to City Hall and advise[s] . . . .what he is doing to intentional irritate Mr. Ostroski further." Eastborough Chief of Police Mow-stalking Mr. Ostroski questioned if the fence needed a permit and a variance. The City required the Lynns to get a permit The City required the Lynns to get a variance The City's position on the variance didn't change for more than a year The plaintiffs said there were trucks, employees, traffic, trash in the yard, and potentially hazardous materials. There were trucks There were employees coming, going, and fighting There was traffic There was trash in the yard There was a fire in a trashcan from painting supplies Mr. Ostroski complained of an assault by Mr. Lynn's car. The video is consistent with the off-camera assault Lack of tire marks does not mean there was no assault Intentional assault is the only explanation consistent with Lynn turning around and flipping off Mr. Ostroski after driving by. Mr. Ostroski reported suspicious activity across the street A van circling the area was suspicious A van dropping off containers in "no-man's land" was suspicious Mr. Ostroski never mentioned Lynn in his report of the incident Trespassing One incident appears to be made up One incident Richard Lynn agrees he was on the Ostroski's side of the fence There is no reason to conclude it is Mrs. Ostroski rather than Richard Lynn who misrepresents what happened. The counterclaim lacks a legal basis An injunction against making police reports is contrary to the public interest An injunction against making police reports would be "prior restraint" An injunction against making police reports would infringe on the right to petition the government. Judgment By statute: K.S.A. 12-761 for zoning violation As remedy for intentional private nuisance: Spotlight is a substantial interference There is no adequate remedy at law Equities favor the plaintiffs No public interest in shining spotlights on a neighbor's bedroom Cases support injunctive relief for shining lights at night Business from home is not solved: Nothing prevents return to status quo ante Still in violation of zoning despite changes In violation of business licensing ordinance Prohibitory Injunctions: No business operations at the residence. No shining the lights at the plaintiffs' house. Punitive damages Violation of the Zoning Ordinance 10-CV-4075 Private Intentional Nuisance REASONABLE UNREASONABLE UNREASONABLE The City of Eastborough uses the selective enforcement of this ordinance to police home businesses REASONABLE Spotlights on bedroom windows are an intentional and unreasonable interference Lighting the goal? The Plaintiffs "complaints" have been reasonable REASONABLE Counterclaim How can you deny intent? Private Intentional Nuisance "Shall" is presumed to be mandatory REASONABLE Injunction UNREASONABLE

Closing Argument

Transcript: AVERY EQUALS ARSON HCL THE ELEMENTS HAVE BEEN ALL MORE THAN PROVEN THREE ELEMENTS ARE ALL THAT ARE NEEDED TO COMMIT ARSON 2. AVERY as an AGENT of the Plaintiff YES The Event 1. NEED FLAMMABLE MATERIAL 2. NEED SOMETHING TO IGNITE THE FIRE 3. NEED A METAL METAL ALL THAT IS NEED IS PROVE: That the fire was a result of ARSON That an Employee or Agent of the Plaintiff CAUSED THE ARSON LAW SHAMPOO AVERY EQUALS ARSON The Plan for Arson Begins Jackson hires Ms. Peterson to create a new business plan The Plaintiff tried to renegotiate the Loan, it did not go well With only a few months before the loan was due, Ms. Peterson told Mr. JAckson about Avery and How he was a "Torch" and could "Light up" the Business. 1. Fire was the result of Arson Effective October 1st, 2007 Jackson Increased the Premium for the Fire Insurance to a pay out of $1.667 Million In October Jackson had last meeting with the Bank, He proposed the idea of a new business plan, Jackson Brought nothing with him about those plans to the Meeting The Bank asked for a showing of the plans to be sent to them Nothing was every sent in the less then two months before the loan was due Ms. Peterson had met Avery at Yaphank, where they were employed when the company burned down George Avery had been suspected of Two previous plant fires Ms. Peterson Knew the Ins and Outs of Fire Insurance Companies THREE ELEMENTS ARE ALL THAT ARE NEEDED TO COMMIT ARSON YES WHAT WAS PRESENT AT THE SCENE 1. Fire was the result of Arson YES TOO MANY MERE COINCIDENCES The Start: Financial Troubles The plan takes form 1. THE FIRE WAS A RESULT OF ARSON 2. AN EMPLOYEE OR AGENT OF THE PLAINTIFF CAUSE THE ARSON Flinder's Aluminum burned to the ground Avery's Body was found at the scene Mr. Jackson made a claim for The $1.667 Million Insurance Money 1. NEED FLAMMABLE MATERIAL 2. NEED SOMETHING TO IGNITE THE FIRE 3. NEED A METAL METAL WAS PAID $5,000 THROUGH THE COMPANY ACCOUNT GIVEN A SPARE KEY TO THE PLANT THE PLAINTIFF TOLD MARIE WILLIAMS THAT AVERY WAS THERE TO CREATE DESIGNS The Foundation begins to Set Flinder's Aluminum had losses of over $1 Million Dollars from 2006 to 2007 Arthur Jackson had an upaid loan of $400 Thousand due on November 28, 2007 No New Accounts that Year METAL FILINGS

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