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SBI- 7 inch scar ?

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July 13, 2005, 09:34
Martha W. Warner
SBI- 7 inch scar ?
Looking at case law regarding seroius bodily injury.Have a victim who was thrown onto floor by her boyfriend breaking her collar bone which by itself doesn't qualify as SBI under Moore v State 739 SW2d 347 The surgery and placement of pins left her with a 7 inch ugly scar which I would consider serious permanent disfigurement.Do you agree?
July 19, 2005, 08:52
Whitney
You know how often that is the answer. One factor that will likely weigh heavily for or against you is location of the scar. If it is on your victim's neck and clearly visible when she is dressed, it may qualify as disfiguring. If clothing always covers it, or most of it, it is a tougher sell. Additionally, if she is going to efforts to conceal it - wearing high collared shirts or scarves all of a sudden - then that is evidence in support of your contention.

I had a woman whose boyfriend split her forehead open with a thrown beer can. Great pictures of a three inch crescent on her forehead. But when I met her she had a very light 3/4" scar - no SBI.
July 19, 2005, 23:26
BLeonard
I have always believed the cases stood for the proposition that "permanence" was a question for a doctor while "serious disfigurement" could be answered by the jury without help.

I disagree that a scar usually covered by clothing is less likey to be disfiguring, especially on a female. Certainly a young woman on her wedding night could feel disfigured by a scar not usually seen by others. Also-remember, the salient inquiry is what would be the result had the injury gone untreated?

[This message was edited by BLeonard on 07-22-05 at .]

[This message was edited by BLeonard on 07-22-05 at .]
July 20, 2005, 08:22
P.D. Ray
I'd be pretty distraught if a scar kept me from wearing my speedo.
July 20, 2005, 10:17
ccn
"I'd be pretty distraught if a scar kept me from wearing my speedo."

As would the rest of us, I'm sure. Wink
July 22, 2005, 14:47
JMH
uuuhhh... nope. I'm hoping for a little scarification over the weekend. Sorry.
Nothing serious. Nothing major. Just enough to keep ANY MAN out of a speedo.