Aces High Bulletin Board
General Forums => The O' Club => Topic started by: TheWobble on December 17, 2000, 05:46:00 AM
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Well today the verdict came in on the wreck my GF had a few weeks ago (see my other post in this forum about what happened)
"The traffic signal in question has been deemed in Woefull disrepair and has remained in this state for no less than 17 months, the City of ******* has shown through its own records that it had full knowledge of its unsatisfactory condition and failed to correct it, this court hearby rules in favor of the plaintiff"
"resttiution and personal suffering damages and other compensation :$120,000"
Well now between the two of us we are pretty much set.
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See? sometimes even the legal system works (http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif)
BTW tell your GF she's a bit lucky...not because the legal victory, but because she had no injuries on the crash.
[edit]120.000$?????
I WANT TO CRASH MY CAR!!!!!!!!!!!!!!!!!!!!!!
(http://bbs.hitechcreations.com/smf/Smileys/default/biggrin.gif)
wow wobble, time to get married with her (http://bbs.hitechcreations.com/smf/Smileys/default/wink.gif)[/edit]
[This message has been edited by RAM (edited 12-17-2000).]
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Hehe amby we will get married, but I wont marry her for HER money, m quite set myself ya know.
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Still a sick court system.
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StSanta
9./JG 54 "Grünherz"
(http://www.geocities.com/nirfurian/stSanta.jpg)
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Are you nuts Santa? His g/f could have easily been killed. Think of all the other people the unsafe light put at risk. $120,000 is peanuts considering the worst case scenario. Great job by the judge, putting the SMACKDOWN on the city for their piss poor maintenance. Hope it comes out of the paycheck of the love muffin who knew about the faulty light but didn't make sure it got fixed. diddlyin' government workers...
[This message has been edited by funked (edited 12-18-2000).]
[This message has been edited by funked (edited 12-18-2000).]
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And just where do you think the "city" will get the money to pay the bill???? they reallllly "earn" a lot yaknow (http://bbs.hitechcreations.com/smf/Smileys/default/frown.gif)
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OhNooo
smile awhile
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While I don't begrudge your girlfriend the settlement...
I'd rather see a city fix a traffic signal as soon as there is a problem as opposed to waiting until there is an accident and then settling with the victims.
AKDejaVu
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What dejavu said.
I believe the proper way to handle it would be to fine the city and have the money given to some kind of fund or organisation that deals with victims of car accidents.
Without knowing the extent of your girfriends damages, from what I read she was fine. $120 000 for a few bruises seems a little off to me, but I'm glad she got them.
Guess I'm just one of those guys who think that no one in in accident should gain anything from it - other than coverages of lost money/damage to property and the problem if any fixed. Of course the city should pay a fine but to me paying it to an individual seems a little off.
With so much money involved for such things, I can imagine fraud or exaggerations (backed by lawyers and other sharks that benefit from it) being quite existant.
Anyhow, I'd first of all be thankful to still be alive, I'd expect to have my costs covered , I'd expect to have the guilty part fined and then move on. In case I get seriously hurt and disabled I'd have to get money for that of course but for a few cuts and bruises, $120 000 seems way off.
In other words I am saying lay the smack down even if no one is seriously injured and collect the money in a fund of sorts. I dunno how stuff like this works, just my personal opinion. The sad part at the end of the day, it's your money that pays for any such fines through taxes. Some people should lose their jobs for not doing it properly.
No disrespect for you or your gf TheWobble, glad she's ok and happy to hear you have some cash to burn (http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif). Just personal philosophy. (http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif).
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StSanta
9./JG 54 "Grünherz"
(http://www.geocities.com/nirfurian/stSanta.jpg)
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Originally posted by StSanta:
Anyhow, I'd first of all be thankful to still be alive, I'd expect to have my costs covered , I'd expect to have the guilty part fined and then move on. In case I get seriously hurt and disabled I'd have to get money for that of course but for a few cuts and bruises, $120 000 seems way off.
Ah, the Dark Side is showing through in this one. Soon he'll be a proud conservative.
(http://bbs.hitechcreations.com/smf/Smileys/default/wink.gif)
You cannot hide from it, Luke...er Santa.
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I'd rather see a city fix a traffic signal as soon as there is a problem as opposed to waiting until there is an accident and then settling with the victims.
Of course.
But in this case the city did not fix it before harm was caused. The city failed in its responsibility, and should be punished. I'm sure the $120,000 will encourage them to do their job correctly in the future.
PS It doesn't sound like a settlement - this was a verdict.
[This message has been edited by funked (edited 12-18-2000).]
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don't really care about the settlement/verdict at all.
I guess the point is... if this story is true... it took less time for there to be an accident, then a hearing then a verdict than it took for a signal to get fixed in the first place.
Kinda sad when you think about where all the money is really going.
AKDejaVu
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The whole reason the damages reward was so large is because the court found alot of evidence in the form of letters and e-mails and city engineer complaint forms that this light had been this way for a long time and that the city had failed in its responsability to maintain a safe enviroment for its citizens. And that it had known the signal had been defective and had simply ignored it.
BTW, I think the old woman got even more but since i dont know her i dont know.
The reason for the large amount of money isnt necessarly to compensate My Gf but to punish the city, it they had jut mad the city pay for crashed cars and a hospital bill it would have been much of a punishment. Punishment was the major issue, not compensation as with other oddball cases where someone deep fry's their crotch with coffie and sues for 12million.
It might seem unfair tom fine the city $120,000
But how fair would it be if she were dead right now?, thats what ya have to look at.
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ROFL Toad! I shall not stray from the light side! (http://bbs.hitechcreations.com/smf/Smileys/default/biggrin.gif)
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StSanta
9./JG 54 "Grünherz"
(http://www.geocities.com/nirfurian/stSanta.jpg)
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StSanta is probably victim of this normal scandinavian legal system, where wobbles g/f would have only got perhaps new/fixed car and $5000 for minor injuries and other stuff..
You punch a guy over here so that 4 of his fingers are broken for next month - $800 fee.
You'll break his teeth - about same amount.. just so that it'll be fixed and some extra for pain etc.
In US, you could probably multiply that by ten times at least (http://bbs.hitechcreations.com/smf/Smileys/default/wink.gif)
soo, no wonder if european / scandinavian is wondering about $120,000...
(uh.. thats helluva alot for smashed car and bruises! can I come over there and break my car and get couple bruises .. and get 120,000?!)
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The reason for the large amount of money isnt necessarly to compensate My Gf but to punish the city, it they had jut mad the city pay for crashed cars and a hospital bill it would have been much of a punishment.
The problem is that it's not the city but some waste-of-space-union-member-you-can't-even-fire that was responsible. Those swines never get punished unfortunately. But good for you guys nevertheless (http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif). Enjoy!
p.s. for the bleeding hearts amongst us (yes StSanta, that's you! (http://bbs.hitechcreations.com/smf/Smileys/default/biggrin.gif)) - the city would have an insurance policy for this kind of stuff. If they don't - then they need to fire the city council and get people in who can do what they supposed to (http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif)
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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. (http://bbs.hitechcreations.com/smf/Smileys/default/wink.gif)
People just keep smoking and choking and the lawsuits continue. (http://bbs.hitechcreations.com/smf/Smileys/default/biggrin.gif)
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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).]
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um...yes, the city didnt want to drag it through the court for publicity reasons so it pleaded guilty and we settled...
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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?
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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.
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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).]
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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).]
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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.
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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. (http://bbs.hitechcreations.com/smf/Smileys/default/rolleyes.gif)
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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. (http://bbs.hitechcreations.com/smf/Smileys/default/rolleyes.gif)
- i think they only accept real money from real judgments......
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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
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Stumbled across this searching for something else. Thought Animal would apreciate it.
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Comedy gold.
Let me know if you find the P-51 replica and pepper spray incident.
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I miss TheWobble.
:(
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Jah Wobble rocks.