Judgment will be entered accordingly.
"Attachment A"
JANUARY 22, 1999 (CIVIL ACTION NUMBER 94-2725, JAMES H. BROWN, COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA AS LIQUIDATOR OF PHYSICIAN'S NATIONAL RISK RETENTION GROUP, INC. VERSUS NORMAN F. SLENKER, ET AL; COURT CONVENED AT NINE O'CLOCK A.M.)
REPORTER'S NOTE: (THIS IS A PARTIAL TRANSCRIPT OF THE PROCEEDINGS OF THE ABOVE DATE, AND CONTAINS THE POST TRIAL MOTIONS AND COURT'S EXPLANATION OF RULING)
ALL RIGHT, GET THE JURY.
(JURY SEATED)
THE COURT: MEMBERS OF THE JURY, THE COURT, IN YOUR ABSENCE, HAS DONE SOMETHING UNUSUAL. IT HAS GRANTED WHAT WE CALL JUDGMENT IN FAVOR OF THE PLAINTIFF, MR. BROWN, THE COMMISSIONER, AND AGAINST THE DEFENDANTS, AS A MATTER OF LAW.
NOW, THAT IS BASED UPON A RULE IN OUR PROCEDURES THAT SAYS IF EVERYONE HAS BEEN HEARD, ALL THE EVIDENCE HAS BEEN PRESENTED, AND THE JUDGE CONCLUDES THAT THERE IS NO SATISFACTORY EVIDENTIARY BASIS UPON WHICH A JURY COULD CONCLUDE IN FAVOR FOR OR AGAINST A PARTICULAR ISSUE OR PARTY, THE COURT CAN GRANT A JUDGMENT AS A MATTER OF LAW.
YOU HAVE BEEN HERE, THIS IS GOING INTO THE FOURTH DAY, AND YOU ARE ENTITLED TO KNOW WHY I DID THAT, WHAT ARE MY REASONS FOR DOING THAT, SO THAT IT WINDS UP THAT YOU DO NOT PERFORM YOUR DUTY, WHICH I TOLD YOU WAS TO BE THE JUDGES OF THE FACTS.
DURING THE COURSE OF THIS TRIAL YOU HAVE HEARD A LOT OF INFORMATION AND MISINFORMATION ABOUT A LOT OF THINGS, INCLUDING CONTRACTS, LEGAL MALPRACTICE, LEGAL REPRESENTATION, COURTS, JUDGMENTS, APPEALS, AND ALL SORTS OF THINGS LIKE THAT.
LET ME TELL YOU A LITTLE BIT ABOUT WHAT WE'RE TALKING *760 ABOUT. AND I'M GOING TO POSE A HYPOTHET, WE CALL IT. THAT'S THE WAY YOU TEACH IN LAW SCHOOL, BY POSING HYPOTHETS, AND THEN ASK THE STUDENTS HOW WOULD THIS CASE COME OUT.
SUPPOSE I COME BY YOUR HOUSE, KNOCK ON THE DOOR, AND YOU COME TO THE DOOR, AND I SAY, I'LL MOW YOUR YARD FOR $15. AND YOU SAY, OKAY. I GO ON OUT THERE AND I MOW THE YARD AND I COME BACK UP, YOU LOOK OUT AND SAY, I'M NOT SATISFIED WITH THE JOB YOU DID. BESIDES THAT, YOU MOWED PART OF MY NEIGHBOR'S YARD AND DIDN'T MOW PART OF MY YARD. I'M NOT GOING TO PAY YOU.
NOW, THAT COLLOQUY OF, I'LL MOW YOUR YARD FOR $15, AND YOU SAY, YES, THAT'S A CONTRACT. IT'S AN ORAL CONTRACT; IT DOESN'T HAVE TO BE IN WRITING. AND IT IS LEGALLY ENFORCEABLE IN COURT. THE ONLY PROBLEM WITH AN ORAL CONTRACT IN COURT IS PROVING IT.
I SAY YOU OWE ME $15, SINCE I'M THE ONE WHO MOWED THE GRASS, AND I'M GOING TO TAKE YOU TO COURT. SO, I TAKE YOU TO CITY COURT OVER HERE, WHERE YOU CAN BE YOUR OWN LAWYER. AND I ACT AS MY LAWYER, AND YOU ACT AS YOUR LAWYER.
THE CITY COURT HEARS ME AND SAYS, YOU'RE ABSOLUTELY RIGHT, YOU MOWED