Thomas Neville (scary season)
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goobermunch.bsky.social
Thomas Neville (scary season)
@goobermunch.bsky.social
4.1K followers 1.8K following 16K posts
Colorado Lawyer. Gamer. Dad. He/Him/His. Grammarchist.

Law: personal injury, insurance, video games, appeals, litigation.

Games: tabletop, war, video, minis.

My job is cooler than yours.
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goobermunch.bsky.social
He irradiated their experts. Defendant could call them. He could elicit testimony. But if they criticized our expert on something that the defendant could have clarified, Judge Jackson was going to tell the jury about what happened.

We’ve been fortunate to have him.

Alt text continued in image.
Even if defendant does not call Ms. Hoffman or Ms. Ward, the door will have been opened if any defendant suggests or implies that plaintiff's reconstruction is faulty because it described the positioning or actions of Agent Braley or Agent Davies inconsistently with Agent Braley's testimony. If the door is opened, the Court will permit the jury to be informed of defendant Braley's objection to plaintiff's proposal, the reasons given, the Court's acceptance of the reasons at the time, Agent Braley's later participation in the defendant's experts' inspection and reconstruction, and the Court's present views, in a manner that appears to be most appropriate in the context in which the matter arises.
November 25, 2025 at 9:21 PM
goobermunch.bsky.social
We went ballistic. We asked Judge Jackson to strike their experts. He denied our motion. No exclusion. Instead, he did something I’d never seen:
Approximately seven months later Agent Braley's counsel arranged for Agent Braley to spend approximately 5-6 hours with experts Hoffman and Ward at the actual scene, walking them through the incident, demonstrating his actions, posing for pictures, and assisting them in creating their own reconstruction and rebuttal to Dr. Ziernicki's opinions. ECF No. 171-1 at 8-11; ECF No. 171-7 at 9 (depo. of Ms. Ward, p. 125); ECF No. 171-6 at 2-3 (interrogatory answers of Agent Braley). It is no wonder that plaintiff cries foul. If participating in the demonstration requested by plaintiff was too emotionally traumatic for Agent Braley, then how does one account for his participation when his own lawyer requested it? If Agent Braley's deposition testimony and other available information were sufficient to assist plaintiff's experts in creating a reconstruction, then why did defendant Braley's experts need Agent Braley's extensive on-scene assistance? I now find that defendant's reasons for objecting to Agent Braley's participation in the demonstration requested by plaintiff were exaggerated at best and, if counsel anticipated at the time that he would later ask Agent Braley to participate in a "demonstration/reenactment" of his own, misleading at worst? Nevertheless, I exercise my discretion to decline plaintiff's request to exclude the testimony of Ms. Hoffman and Ms. Ward under the doctrine of judicial estoppel or otherwise. In my judgment that would be an overreaction for several reasons. First, this is relevant evidence that would assist the jury in evaluating Dr. Ziernicki's testimony and, ultimately, in determining what likely happened. Second, exclusion of the evidence would deprive Agent Braley of an expert rebuttal to the Ziernicki evidence, and I am not satisfied that this would be fair to him. Although counsel indicated that both he and Agent Braley were concerned about plaintiff's proposal, I suspect that counsel was the driving force. Finally, and most importantly, although Ms. Ward herself admitted that having Agent Braley available to them at the scene gave them an advantage over Knott Laboratory, ECF No. 171-7 at 3 (depo. p. 76), I find that Dr. Ziernicki was able to develop his reconstruction and opinions quite capably based on the physical evidence without the demonstration plaintiff requested; put another way, I do not find significant unfair prejudice to the plaintiff from allowing this evidence. Footnote begins: ' Counsel now offers, "in the event the Court has any concern," to make Agent Braley available at the site in the presence of Dr. Ziernicki to do a demonstration for him. ECF No. 193 at 7-8. I leave it to plaintiff and Dr. Ziernicki to decide whether another inspection would be helpful and cost-effective, but it does not fix the problem. Any opportunity plaintiff had to pin Agent Braley down to a visual depiction of the incident before Dr. Ziernicki and plaintiff's standard of care experts did their work and before Agent Braley's recollection was potentially affected by such things as his participation in the defendant's experts' site inspection has been lost. Footnote ends However, I essentially warned Agent Braley's counsel during the argument on his objection to plaintiff's requested deposition demonstration that if he "opened the door," I would permit plaintiff to inform the jury of defendant's objection to having Agent Braley participate in a demonstration or re-creation of the incident. See ECF No. 34 at 10-11. If counsel calls Ms. Hoffman or Ms. Ward and solicits opinions consistent with their report, the door will have been opened. Alt text continues in next post.
November 25, 2025 at 9:21 PM
goobermunch.bsky.social
This was one of my favorites:
Sebastián Ramírez @tiangolo I saw a job post the other day. Shirt and Tie emoji. It required 4+ years of experience in FastAPl. Facepalm emoji. I couldn't apply as l only have 1.5+ years of experience since I created that thing. Laughing with sweat drop emoji. Maybe it's time to re-evaluate that "years of experience = skill level". Recycling emoji. 7:40 AM • Jul 11, 2020
November 25, 2025 at 8:16 PM
goobermunch.bsky.social
You’ve been kidnapped. The characters from the last TV show you watched are trying to rescue you. Who’s coming to save you?

Good thing I don’t like doughnuts.
A conventionally attractive white woman, with shoulder length brown hair. She’s wearing a satin brown shirt and goldenrod slacks. Her hands are clasped in front of her of her, and she has an expectant expression, like she’s just there to be helpful.
November 25, 2025 at 5:32 PM
goobermunch.bsky.social
The terrain is great. You can go super detailed or dark and atmospheric.

I went with fast.
A picture of some Kill Team terrain. It’s mostly dark green with some areas illuminated by dim green lamps.
November 25, 2025 at 12:11 AM
goobermunch.bsky.social
The crew of the Next Generation Enterprise, on the bridge: The Prime Directive forbids us from interfering. We cannot share our technology.” SG-1, on some jungle world: “All of your gods are false. Here, take these guns.”
November 24, 2025 at 11:10 PM
goobermunch.bsky.social
Almost Heaven, West Virginia
Blue Ridge Mountains, Shenandoah River
Life is old there, older than the trees
Younger than the mountains, growing like a breeze
Da Pope (Pope Leo), a white man, wearing white vestments, and a white skullcap, grips a microphone like he's singing. He's surrounded by other men.
November 24, 2025 at 6:15 PM
goobermunch.bsky.social
From this year’s version of the printer article.
The Verge: You should buy a monochrome Brother laser printer. Yeah, I know. It's not exciting. It's not sleek. It doesn't have a fancy touchscreen that plays videos (why would you want that?). It probably won't match your minimalist desk aesthetic. It's the sensible sedan of the tech world. And that's precisely why it's the best.
November 23, 2025 at 3:40 AM
goobermunch.bsky.social
Quick peek at the current painting project: Deathwatch marines. These dudes are Space Marine special forces, combining soldiers from a bunch of different chapters into a single unit.

#WIP
#KillTeam
#Warhammer40k
#WarhammerCommunity
The picture shows five space marines in black power armor. They are facing so we can see their right shoulder pads. Each marine’s shoulder pad is different. There’s a blue one with an upside down omega painted white. There’s an olive drab one with a white raptor’s head on it. There’s a black one with two yellow scythes crossed on it. There’s a yellow one with white circle containing an upraised black fist. The last one is a teal shoulder pad with a rust colored trident on it.
November 21, 2025 at 9:47 AM
goobermunch.bsky.social
I went to college in the 1990s. In Washington state.

Do I wear flannels? It’s how you can tell the weather is turning.
Do you wear flannels or workwear overjackets?
November 20, 2025 at 4:19 PM
goobermunch.bsky.social
I’m still painting, just not posting as much. Pleased with how this turned out:

#WorkInProgress
#MiniaturePainting
#PaintingWarhammer
#Warhammer40k
#WarhammerCommunity
#Nerdlings
#AngelsOfDeath
A Warhammer 40K Space Marine wearing black power armor with an olive drab shoulder pad. On the pad there’s a white raptor’s head in profile.
November 17, 2025 at 6:11 AM
goobermunch.bsky.social
Maybe this will help…
This is the same image from the top level post, however, it is now rotated 23 degrees. That’s close to the same value as the earth’s axial tilt.
November 12, 2025 at 2:39 AM
goobermunch.bsky.social
One more and then dismounting the deceased horse.
Come to the Dark Side of the for Ce (meant to suggest the word Force) we have cookies, also done I the blue yellow and red of the Mamdani campaign’s election materials.
November 9, 2025 at 6:15 PM
goobermunch.bsky.social
This is too fun…
Blood for the Blood God, but in the blue yellow and red colors and formatting of the Mamdani campaign’s campaign materials. Skulls for the Skull Throne, but in the blue yellow and red colors and formatting of the Mamdani campaign’s campaign materials.
November 9, 2025 at 6:12 PM
goobermunch.bsky.social
Not everyone loudly broadcasts their Queerphobic animus in such fashion. Antifa movement activists following this individual may do well to note contempt towards the liberation struggle from which most US antifa movement sympathy has derived
November 9, 2025 at 3:16 AM
goobermunch.bsky.social
Nope. But I just remembered it...

The US voter in the last presidential election....
It's the 2024 electoral map.
November 6, 2025 at 11:00 PM
goobermunch.bsky.social
A space marine. A human being wearing bulky power armor with huge shoulder pads. This space marine’s armor is blue with some gold highlights. He’s sitting at a table, holding a coffee cup decorated with red hearts and yellow suns. He says “heresy? At this hour?”
November 5, 2025 at 4:12 PM
goobermunch.bsky.social
November 5, 2025 at 5:36 AM
goobermunch.bsky.social
…troops set up to get good angles on the back left ruin and the mid-board ruin. One of the troopers got ganked by an incredible set of rolls from one of the termagants near mid-field.
Your author (a middle aged white guy with a shaved head and a very gray goatee, wearing a dark gray and orange Half-Life shirt) stares pensively at the board. A Tempestus soldier sits in a piece of paper, having been murdered by a Termagant.
November 3, 2025 at 5:59 AM
goobermunch.bsky.social
Read the Reddit post. You’ll see it was posted by P-Hustle. That’s Platner’s username.

Then read the list of wars he wishes he could have fought in. The list is genocidal and imperialistic. Then read the post, in which Jaimi refers to someone “wishing he could have taken part in a genocide.”
Reddit post by Platner re: what American wars would you have volunteered for? What American wars would you have volunteered to fight in? P-Hustle 1 point 12 hours ago (-) The Indian Wars, the Phillipines, Haiti and Nicaragua in the 1920's, Vietnam, Nicaragua and El Salvador again in the 80's. As for would have, I "did" for Iraq and would love to get to the Ghan. Small wars are pretty enjoyable. It's the big ones, with days of artillery fire and inhuman brutality that take the fun out of fighting. But small wars (and Iraq and Afghanistan are indeed small wars) provide the rush of small combat actions along with the intellectual challenge of building personal relationships and infrastructure within the local community. Small wars are thinking wars, which I much prefer over the bloody slugfests of great power conventional warfare. Oh, and the revolution, because I'm Amuuurican. permalink context
November 3, 2025 at 4:44 AM
goobermunch.bsky.social
What followed was a somewhat hesitant meander across the battle field for a turn. And then we realized a countdown had started.

Leading the meander were two Tempestus Aquilons who hurried up the left side of the map, trying to get a good angle on the middle and back left buildings.

More to come.
Two little dudes in green armor and wearing helmets, are creeping up the side of the battle mat. They’ve paused between two pieces of alien terrain. In the foreground, a part of the back left building is visible, including what looks like a chemical tank that’s ruptured and drained. We’re looking at the back side of the middle building, including a lone Termagant.
November 3, 2025 at 12:50 AM
goobermunch.bsky.social
The Lt. was only captured on film once, but his courageous, and ultimately foolish advance cost two troopers their lives.

As a result, the alien horde woke up during our first turn before everyone was in position.

That little red and tan guy inside the ruins was the one that set off the alarm.
The image shows a part of a tabletop, with a homemade battle mat and a Kill Team ruined building with three stories. Scattered around the building are alien structures, like spiked trees and massive roots breaching the ground before diving back to the depths. Inside the ruined building, there is an almost conical shaped terrain feature. Just next to it is a six limbed alien creature that looks like a theropod with an extra set of arms. It’s carrying a weapon that may be part of it. It’s got red carapace on its back, and bone colored flesh everywhere else. A lone jump trooper in green armor with a red beret stands by the door into one of the ruined buildings. The lieutenant has a chainsword in his left hand and a bolter pistol in his right. He doesn’t know it, but he’s moved within 6” of a hostile opponent. That in turn woke the hive.
November 3, 2025 at 12:50 AM
goobermunch.bsky.social
It doesn’t have all the variations, but O think there’s something on Reddit already with that information. The numbers are the part numbers for the pad on the sprue.
Shoulder pads 92. Deathwatch pad 93. Deathwatch pad 94. Deathwatch pad 95. Blank 96. Many chapters use Skulls 97. Exorcists 98. Wolfspear 99. Emperor Spears 100. Scythes of the Emperor 101. Storm Lords 102. Guardians of the Covenant 103. Red Scorpions 104. Iron Snakes 105. Black Talons 106. Iron Hands 107. Brazen Claws 108. Lamenters 109. Blank 110. Salamanders 111. Raven Guard 112. Imperial Fists 113. Dark Angels 114. Flesh Tearers 115. Sons of Medusa 116. Blank 117. Raptors 118. Ultramarines 119. Blood Angels 120. White Scars 121. Taurans
November 1, 2025 at 5:43 PM
goobermunch.bsky.social
Nope. No heresy here.
10 cosplayers, all wearing Sisters of Battle costumes. The Sisters are the warrior space nuns of Warhammer 40K. These women are wearing black power armor and have identical white bob haircuts. They’re riding down an elevator.
October 31, 2025 at 4:55 PM
goobermunch.bsky.social
Chaser:
I have changed my Mind on this. Let ALL women compete as they are. They need to remove the no drugs rules, too. Let the winner take all. Leave children out of it.
October 30, 2025 at 7:49 PM