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behavior, to control emotions, to monitor impulsive behavior, and
to formulate speech.
On June 19, 1987, the day on which Elvin was diagnosed with
the brain tumor, Elvin complained to the attending doctor that he
suffered from headaches, blurred vision, and impaired eye-hand
coordination. Doctors who examined Elvin estimated that Elvin's
brain tumor had been growing for a period of between 7 and 10
years.
On June 23, 1987, Dr. John S. Boggs surgically removed
Elvin's brain tumor. The tumor was approximately 6 centimeters
in diameter and was benign. The tumor destroyed a small part of
Elvin's frontal lobe.
In spite of the brain tumor, during each of the years in
issue (1983 through 1986), Elvin was responsible for and actually
supervised day-to-day management and operations of YOC, and YOC
became increasingly profitable. During these same years, Elvin
was also responsible for and involved with other businesses and
corporations, such as Yarbrough Leasing and NRDC.
During the years in issue, none of Elvin's coworkers or
business associates noticed that Elvin suffered any signs of
impaired mental abilities or impaired judgment. Elvin, from year
to year, remembered customers' names and what models of
automobiles they had purchased.
Some of Elvin's friends, however, did notice that Elvin
occasionally missed meetings and appointments, that Elvin's
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