In the course of his investigation, Tom says his team has interviewed more than 50 people and no one has reported any strange behavior. "What we've been able to determine is that she did have a tooth problem. That tooth problem was causing her pain over a period of years. It is possible, even though I'm not throwing it out as the answer to the question, that this may have caused some kind of medical condition that may have made her confused that day."

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."


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