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Originally Posted by sperry
The flagman could have sent the car out at the wrong time, *and* the driver could have ignored the flagman. They are not mutually exclusive, and they may have both contributed to the incident.
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It is mutually exclusive. If the flagger is at fault for improperly sending the car out, how can the driver have ignored his instructions if he wound up on the track? If the flagger didn't send him, how can his instructions have been faulty if the driver ignored them? My point was that those 2 conditions cannot exist simultaneously, showing how frivolous the suit is. They're flinging turds at the wall to see how many stick.