PPJ Healthcare Enterprises Inc (PPJE)

[Ed the Trader]

The "burial of survivors" statement was not intended to be an analogy. It was intended as an example of misdirection, which is what Grewal's attorneys may have attempted. However, it is not worth the further time required to debate or discuss it as the jury has already uncovered, and corrected, the error whether or not it was intentional.

"In Grewal's counterclaim, Grewal, etal are the PLAINTIFFS, not the defendants. Therefore, the question presented for the jury's consideration was clearly in error."--- Ed

"I don't think so. They referenced "the other defendant list", by which they presumably meant the list on the PPJE complaint, which is the only "list" on which G3 appears as a defendant. --- Janice

The jury is not working from anyone's compliant. They working from a list of questions that they are to consider, and to which they are to respond, to provide the basis for determining any awards. The "documents filed" list from the court's website make it quite clear that there is such a list of questions, and that it is a list of considerable length:

09/16/2014 Jury Question (In counter claim page 5 (after question 3) answer/responses for yes or no are reversed )
Filed by Court

09/16/2014 Jury Question (On counter claim, page 11 question 1 - can we strike or separate G3 Healthcare from the other defen- dant list? )
Filed by Court

09/15/2014 Jury Question (On page 26 question #1 can we separate the question into two questions: one for coding & one for billing )
Filed by Court

09/15/2014 Jury Question (Page 36 (Equitable Estoppel) is missing Question 2. )
Filed by Court

There are at least 36 pages of documentation that have been given to the jury to process. This documentation is not evidence; it is the guide to insure that the jury properly considers the evidence, properly considers the proper application of law, and also considers the questions which must be considered to make a proper determination for each cause of action.

It is the job of the jury to respond with answers to those questions to support any finding for an award.

This is NOT a criminal trial. This is a civil trial. There is no verdict of "guilty" or "not guilty".

Instead, the jury must determine the answers to specific questions to determine who, if anyone, was at fault for each of the causes of action in each of the complaints (ie: suit and countersuit).

Jury members are not versed in the technicalities of law, or case history. It is unreasonable to expect them to simply read a cause of action in a complaint, and only from that, determine an award. Jury members must be guided in that process.

The attorneys have provided the jury with a set of criteria on which to base their decisions. This criteria includes a set of questions to which the jury must respond. There will be one or more questions for cause of action in each of the complaints. There may be also be additional questions posed to the jury to assist them in understanding how to properly apply various points of law to the specifics of THIS case.

Based on their own responses to the questions pertinent to determining the outcome of the case, the jury then has their guidelines to determine what award, if any, is appropriate.

"As a guide to help the jurors with their decisions, the judge provided instructions explaining points of law and the like. So the jury's questions and requests for clarification are addressed to her."

This is a civil trial, not a criminal trial. The judge did not create any instructions to the jury. The judge instructed the attorneys to provide the court with those instructions. The judge's role is to be referee to insure fair and correct application of law and court procedure. It is not the role of the judge to determine what must be determined by the jury.

The parties in conflict require an independent body, in the form of a jury, to resolve the conflict. It is the role of the attorneys to provide the jury with everything needed to reach a decision which will resolve the conflict. That includes whatever questions the attorneys need answered to insure that each side's arguments have been given adequate consideration. It is not the judge's role to determine what constitutes adequate consideration. It is only the judge's role to ensure that everything has been conducted in a fair and correct manner. It is up to each attorney to decide what constitutes that adequate consideration, and provide the questions to the jury to ensure that adequate consideration has been given.