Rear ended by a lawnmower.....

Discussion in 'Face Plant' started by eatpasta, May 25, 2010.

  1. PT Rider

    PT Rider Been here awhile

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    I like the idea of your lawyer subpoenaing every city employee who touched a piece of paper concerning your case plus the lawnmower driver and the cop you were pushed into, and the cop who wrote the report.

    Do ask for bad faith penalties as well as your full loses.
  2. eatpasta

    eatpasta Lawnmower Target

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    Ill have to ask him about that - that would be a riot.....
  3. wmax351

    wmax351 Been here awhile

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    You could subpoena the lawnmower. Have it entered into evidence.
  4. AZbiker

    AZbiker Crunkin' with crackers

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    ADVRider Occupy 2012.

    Get the FYYFF signs ready! :lol3
  5. 100mpg

    100mpg Self Imposed Exile

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    :lol3
  6. mike54

    mike54 You don't get me

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    If you couldn't get the mower then you could ask for maintenance records for that mower. If they don't have the records it would be interesting to hear them explain why not. :D
  7. RAGBrian

    RAGBrian jonesing for a ride

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    In for a sticker. That will be a fun one to explain at the campfire over a beer! :freaky

    I like the angle presented here: subpeona anyone connected to the case (including the lawn mower-it should be viewed as part of the evidence by the jury-parking lot outside the courthouse demo would be a righteous!); maintenance records for the department.

    Question why the city attorney's office decides to appeal a case that they "won" and will end up spending way more $$$ than the original judgement?

    I guess I just had L.A. pictured differently before this thread:

    <iframe src="http://www.youtube.com/embed/BBOQiMxwk1o?rel=0" allowfullscreen="" frameborder="0" height="315" width="560"></iframe>
  8. HardWorkingDog

    HardWorkingDog Harvey Mushman

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    Not that you need another uninformed opinion :deal but what the heck, here ya go. I don't think this trial is about establishing fault--the city is contesting how much they have to pay. Subpoena-ing everybody who stonewalled you and their mower isn't going to help you get a fair settlement. Seems to me it's all about determining damage, and value, so that the amount of the settlement can return you to original condition and compensate for time lost/medical expenses/pain & suffering (a legal term :rofl). Am I wrong (said in my best Walter Sobchak voice)?

    Carry on...
  9. eatpasta

    eatpasta Lawnmower Target

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    This is exactly what we went around and around with the last time we were in court and why I was so pissed because they held off the trial so that they could get the mower driver in court and the commissioner wouldnt listen to me when I told him that it had nothing to do with liability, that's clearly stated in the police report..... but nobody listens to me.

    :lol3
  10. 4wheeldog

    4wheeldog Long timer

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    They have been stalling all along. That is a classic strategy for Cities and insurance companies. Make you wait for your money, the assumption being that you cannot afford to wait. The tactic to fight back against this is to make waiting cost them money. Not easy to do at this point, but the stalling tactic of appealing should cost them by the ante for the trial going up. Thus, getting a glut of their employees all together in one courtroom, with their bosses pissed at the risk management assholes. I almost guaranty that someone will be on vacation/the cop will have a case in another court etc. Then, you start delaying. Can't proceed until they assemble all the witnesses. You get the idea. Make your case a problem for them, rather than entertainment.

    Find something else to take them to small claims court for. Park your bike around city hall.......Yes, the same bike. Some dickhead from Parks and Rec will back into it.......They always do. Paying for the same bike twice will make their heads explode.
  11. xymotic

    xymotic Long timer

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    AJ, I guess I missed what actually happened in small claims. Did the Judge/commisioner make any comments or indication about the nature of their case? Did he ask any tough questions that they (or you) had a hard time answering?

    Were you awarded the full amount you asked for?
  12. eatpasta

    eatpasta Lawnmower Target

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    nah man it started a meltdown that has been the last 10 pages or so....

    I submitted all my info to the commissioner and he read through it for about 20 mins and asked me a few simple questions and then told us he would mail out the judgement. A few days later I got a thing in the mail saying I had won the case and was awarded $3500 and no more because of "excessive repair costs"
    The city appealed the decision and now we go to superior court with lawyers and judges etc
  13. xymotic

    xymotic Long timer

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    ahhh, got it.

    What did the city estimate repairs to be?
  14. eatpasta

    eatpasta Lawnmower Target

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    well I gave them two estimates - $5500 and $9800 (BMW of Hollywood) and the commissioner decided that $3500 was fair....Im not sure how that works but ok
  15. RAZR

    RAZR I'll cut ya

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    is your bike totalled? i thought you rode it numerous times after.:dunno
  16. eatpasta

    eatpasta Lawnmower Target

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    well it was "totaled" but rideable. That is if you want to ride a GS with a twisted front end, bent subframe, no ABS, no headlight or taillight.... lemme see what else....
  17. eatpasta

    eatpasta Lawnmower Target

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    stickers anyone?

    :lol3

    [​IMG]
  18. OldPete2112

    OldPete2112 Been here awhile

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  19. eatpasta

    eatpasta Lawnmower Target

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  20. eatpasta

    eatpasta Lawnmower Target

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    emailed the lawyers today to see how they want to proceed.

    Im pretty sure they are going to handle the rest of the case (not that I have done very much) but im pretty sure they are going to want me to make a statement. Im curious to hear what they are going to want me to say versus what I want to say....

    :dunno

    either way, hopefully this will all be over in 4 weeks