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I was served

Discussion in 'Business Operations' started by TJLANDS, May 10, 2006.


    TJLANDS LawnSite Bronze Member
    Posts: 1,669

    Here is a true American story, maybe more New Jersey.
    Two years ago, April 10 one of my trucks was stolen by a previous employee who gets in an accident. He then puts the truck back in the yard and doesn't tell anyone.(no damage) I get a notice in the mail days later about the accident from the other persons insurance. I press charges against the ex employee he gets arrested, go to court, pleads guilty. Case closed or so I thought. Got served today suing me for negligence on not securing my trucks better.From the lady that he hit. The guy stole my truck which is against the law, is it against the law not to lock your truck. Only in America.:usflag:
  2. jsf343

    jsf343 LawnSite Bronze Member
    Posts: 1,767

    whaaaaaaaat?!! its because you are a business bro. They see $$$$$$ when they see a business truck. wow, sorry to hear that. not surprised though.
    good luck with that, keep us informed. jeff
  3. dcgreenspro

    dcgreenspro LawnSite Senior Member
    from PA
    Posts: 689

    that lady and the guy who stole your truck should both be pistol-whipped. Main problem in america, people trying to sue other people who really had no involvement in the whole thing. Makes me sick. I hope everything works out in the end for you.gl
  4. Coreyb

    Coreyb LawnSite Member
    Posts: 146

    sounds like she has one of those ambulance chasing lawyers. anyone can sue for anything, doesn't mean they will win, just cost you valuable time and money to defend yourself. i have a former employee suing me right now because he got a piece of dirt in his eye, even though he should have been wearing safety glasses. turns out he had pink eye, no dirt. still suing though. god bless the U.S.A. he is hispanic.
  5. rodfather

    rodfather LawnSite Fanatic
    Posts: 9,501

    Not just Josey TJ...that is just the American mentality anymore these days...sue sue sue and f*** you very much.
  6. Lawn Masters

    Lawn Masters LawnSite Senior Member
    Posts: 850

    I really wish people would simply stop suing everyone over stupid s*** like this. its stupid.
  7. All_Clear

    All_Clear LawnSite Senior Member
    Posts: 443

    Sh!t like that makes me sick..... and then there are people that were let go from their job, FMLA denied, all while being directed by a heart specialist that I need to have my heart surgery right away.... How does that happen... Who knows, basicly they viewe their employes as replacable.
    No cobra offered, no nothing, loss of job, health insurance, etc... Not a single lawyer would talk to me because they didn't want to go against a huge automotive corp. (I'd have cared less about suing for cash, I wanted my heart fixed and my job!)
    Finally did get my heart surgery done....

    I guess i wouldn't be building my business today if it weren't for all that!

    The lady needs a kick in the head and I'd like to be second in line... I'll let you go first.

    Hopefully you can get by without having to drain a bank account.

    Good luck!
    All Clear
  8. VBsnow

    VBsnow LawnSite Member
    Posts: 241

    Um, ok. Odds are that the woman's ins co is suing through what is known as subrogation. This is when one persons ins co goes after another for funds payed out in the loss. The post did not mention if the suit was for bodily injury or property damage. Sadly, if she did go to a lawyer you better believe he won't be making any luxury car payments by "helping" her. They will be after the money. While your speaking with your attorney, please ask him why my medical insurance is so high. You could possibly browse the thread about operating w/o insurance thread for some amusing ideas how to beat this suit. I am kidding of course.

    TJLANDS LawnSite Bronze Member
    Posts: 1,669

    Yes, she is suing for pain and suffering. Her car was a 2004 Mercedes. Total damage for her car was only 2200.00. Just a tail light and a scratch on the bumper. This I heard thru the prosecutor at the time the guy pleaded guilty to stealing my truck.
  10. VBsnow

    VBsnow LawnSite Member
    Posts: 241

    Hey Tj,

    While they are there are different laws in many states, they are most likely to hold you responsible. Here in Virginia, burglar's are protected from injury if they break in your home. While they may not win, you can be sued.

    In your case, the fact it was proven to be stolen may help you if this case goers to a jury. You will be dealing with actual people on the jury who may be sympathetic to your plight. Odds are better that this will be settled by your INS Co before it goes that far. If liability of the driver of your vehicle has already been determined, they most likely will not want to go to court. You see the insurance follows the car and your car did in fact cause the damage if liability has been proven. Especially if there is a visible injury such as broken bones, loss of limb, stitches, ect. Try not to be too angry with the company, if they pay it is to protect your interests as well. You do not have alot of say because most policies require you allow them to handle the case as they see fit. I hope you have enough insurance to cover any loss that may be presented. Soft tissue damage such as back and neck injury are very difficult to prove or disprove.

    Years ago I had a client who had a claim with his wrecker. The person(also in Mercedes) said he rolled backwards at a light and hit their car. He stated the obvious that she had in fact run into the back of him. The company settled and paid the physical damage claim.

    My ex-wife bumped a drunk woman who was actually drinking at the time, in a grocery store parking lot at 9AM. The complained her beer was knocked over and my wife went in to buy her another one. When she exited the store 2 "family members" had arrived and the drunk was being loaded in an ambulance(quick, huh). That woman received 25K from my insurance policy for unproven knee damage. I didn't even get the beer.

    My job leaves me truly confused some days.

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