Author Topic: GOD BLESS THE LEGAL SYSTEM!!! (Read 593 times)

Toad · « **Reply #15 on:** December 19, 2000, 09:50:00 AM »

Maybe the city will post signs at the edge of both public and private entry points to the public city streets.

"Enter at your own risk!"

Then they could just take down all stoplights and regulating signs. Any accidents are "at your own risk".

Should cut their insurance premiums down.

...ah..wait a minute....

It didn't work for the tobacco companies.

People just keep smoking and choking and the lawsuits continue.

mrfish · « **Reply #16 on:** December 20, 2000, 11:37:00 AM »

the accident happened on 12/3.

you are claiming it was settled 14 days later for $120,000.00?

[This message has been edited by mrfish (edited 12-20-2000).]

TheWobble · « **Reply #17 on:** December 20, 2000, 12:39:00 PM »

um...yes, the city didnt want to drag it through the court for publicity reasons so it pleaded guilty and we settled...

mrfish · « **Reply #18 on:** December 20, 2000, 02:55:00 PM »

ahh...i see.....what an unusual case - so your girlfriend's attorney filed a suit against the city and they settled for $120,000.00 before the trial date.....what was she suing them for before the settlement?

TheWobble · « **Reply #19 on:** December 20, 2000, 03:57:00 PM »

She never was suing them, what happened was that there was investigation to determin who was at fault and it was decided that the city was at fault and neglegence was a factor and charges were pressed against the city, the city didnt want any publicity so we all went to court where the city pleaded guilty in gross neglegence and was issued to pay out to my gf and the other woman, i was suprised too that it only took 2 weeks.

mrfish · « **Reply #20 on:** December 20, 2000, 05:31:00 PM »

hmmmm....."charges"?

charges imply a criminal action - typically damages of this nature are considered actions 'in tort' and wouldn't really involve any type of 'plea' or assignment of guilt or innocence, only the level of responsibility. a measure of blame is assigned and a damage award may be establshed by the state.when you sue any government entity though the rules change. in some cases you actually have to get the go ahead form the government before you can sue the government(as ironic as that is)

you live in texas and the matter is governed by the Texas Transportation Code
Chapter 601: Motor Vehicle Safety Responsibility Act which describes how and when a municipality can be held liable for damages and how they are limited dependant on the claim and type of damage. it is also pretty clear on how a claimant must prove their case.

the most amazing thing wobble is that you didnt mention either of two important documents:

release of liability or a release of claim 'with prejudice'.

for the most part these involve civil ideas but without them your girlfriend could still sue the city!!! a criminal judgement only involves punative actions and your GF would still have a civil claim.......the city attorney left their necks out like that???

I was also very surprised they settled at all. Criminal negligence is extremely damaging when plead to becase it opens the door for civil claims.

Besides, even though your girlfriend has a claim, they would have a pretty strong case under a few Texas transportation code statutes, namely § 544.007. "Traffic-Control Signals in General" (under TC 544), which helps define the responsibility of persons entering an intersection.

again they each had a 'claim' but i am grasping to see how it was a criminal matter and i am also wondering why they would voluntarily settle a nonlitigated dispute - and under what law they get the settlement figure from - i think your wording was that they 'plead guilty' -

usually when someone 'pleads guilty' it has nothing to do with damages or any other remedy involving money - i dont believe any criminal (emphasis on criminal)law calls for a fine of $120,000 for negligence of a municipality in traffic matters on and if there were to be damages that would be decided in a civil court. the law really only paves the way for a civil trial, i am not sure how criminal law came into play here or how damages were assigned from a criminal verdict.

it is just unusual.....oh well.... good luck

of yeah one more little weird peice of info:
"this court hearby rules in favor of the plaintiff" " - a plaintiff is the petitioner in a lawsuit - for there to be a 'plaintiff' there would have to be a suit - perhaps you are paraphrasing?

[This message has been edited by mrfish (edited 12-20-2000).]

Creamo · « **Reply #21 on:** December 20, 2000, 06:18:00 PM »

Holy... look at the brain on mrfish!

Anyways, noone was hurt, and the $120,000 was to punish the city, not compensation for injury. So be it, thats cool. The city learned it's lesson, and your now empowered this holiday season.

As in, why not stop telling a bunch of flight sim and WWII enthusiasts how "set" you suddenly are, and contact a worthy charity?

Im sure with say $100, 000, they could "Set" up some needy kids with toys, food and heat.

[This message has been edited by Creamo (edited 12-20-2000).]

TheWobble · « **Reply #22 on:** December 20, 2000, 07:07:00 PM »

Actually i gave quite a bit to Fred Hutchinson cancer research center last year, I dont like cancer or aids. I dont know all that much about the case, just the outcome, i was not allowed to testify or be in the preceeding because of my relationship to to my gf, so i dont know alot about the mumbojumbo that they spew out, I just know that they decided the city was at fault and needed an asskicking. Ill ask my FGF about the specs but I think it would be "unlawful" to post any specifics, i dunno. I dont care for the legal system, usually if i get a ticket no matter how odd i just pay it because ill hang myself if i try to explain anything because i cant communicate things real well to people often (just read the BB)
BTW, she wants to put the money somewhere that will ear her good returns, i know a little about the stockmarket but thats not the kind of thing she wants, i guess she wants a CD or something that is FOR SURE gonna show positive growth, any ideas about that kinda stuff?, im kinda flying blind on it.

Creamo · « **Reply #23 on:** December 20, 2000, 10:56:00 PM »

BTW, she wants to put the money somewhere that will ear her good returns, i know a little about the stockmarket but thats not the kind of thing she wants, i guess she wants a CD or something that is FOR SURE gonna show positive growth, any ideas about that kinda stuff?, im kinda flying blind on it.

Well if your looking for sound financial advise to invest 100G's , this flightsim / WWII interest BBS is the first place I'd be looking.

mrfish · « **Reply #24 on:** December 21, 2000, 09:35:00 AM »

Quote

Originally posted by Creamo:

Well if your looking for sound financial advise to invest 100G's , this flightsim / WWII interest BBS is the first place I'd be looking.

- i think they only accept real money from real judgments......

AKDejaVu · « **Reply #25 on:** December 21, 2000, 05:13:00 PM »

I've been unable to get to the message board for two days.. looky where this thread has gone.

Gotta agree with you to an extent Mr. Fish. I kinda hinted at it with my "if the story is true" comment.

Something seems strange when a $120,000 settlement is issued 2 weeks after an incident to someone that was un-injured. Very strange.

AKDejaVu

AKDejaVu · « **Reply #26 on:** October 21, 2002, 04:19:49 PM »

Stumbled across this searching for something else. Thought Animal would apreciate it.

Animal · « **Reply #27 on:** October 21, 2002, 04:25:43 PM »

Comedy gold.
Let me know if you find the P-51 replica and pepper spray incident.

sling322 · « **Reply #28 on:** October 21, 2002, 06:25:30 PM »

I miss TheWobble.

SirLoin · « **Reply #29 on:** October 21, 2002, 06:58:21 PM »

Jah Wobble rocks.