Tom says he has documented Diane's point of distress based on accounts of phone calls made to Diane's brother and sister-in-law. He says Diane's niece Emma called her dad at 11:38 a.m. to say they left a bit late. Tom says Diane spoke with her sister-in-law at 12:08 p.m. about future plans. "Diane is coherent, she is responsive, and she is engaging," Tom says.
But 48 minutes later, Tom says the trip took a turn for the worse. "Emma makes a call from her cell phone to her family saying: 'There's something wrong with Aunt Diane. Aunt Diane is having trouble seeing. She's having trouble talking, and she is confused and lost," Tom says. "Diane is in the background heard; she doesn't know where she is. ... It is inconceivable that someone could consume 8 to 10 ounces and metabolize that within the 48-minute period. So something possibly other than alcohol could be a contributory factor to this accident."