Rear ended by a lawnmower..... - Page 65

eatpasta · 06-04-2012, 12:22 PM

Quote:

Originally Posted by hscrugby

If there was justice in this, the judge would not only award you for the bike, your legal fees, but ALSO allow you to kick their lawyer, the city worker that denied the claim, and a few others square in the nuts after this is all over.

Good luck. And wear steel toe boots, and have a go pro if the judgement goes well for you.

I have this weird feeling that the judge will rule in my favor but only for slightly more than I would have won in small claims....

that just seems like the most realistic outcome.
Believe me, I wouldnt MIND if the outcome was something like you mentioned....

2handedSpey · 06-04-2012, 01:45 PM

btw... what did the lawnmower operator say he was thinking/doing when he bonked into you?

eatpasta · 06-04-2012, 01:51 PM

Quote:

Originally Posted by 2handedSpey

btw... what did the lawnmower operator say he was thinking/doing when he bonked into you?

As I was lying on the ground, I was looking over at him and screaming things like "Where the hell were you looking? What the hell?" etc etc and he just shook his head. He never said a word to me ever. No sorry no nothin'.

oh and nice Sig line....

marine_mike · 06-04-2012, 02:57 PM

Quote:

Originally Posted by eatpasta

As I was lying on the ground, I was looking over at him and screaming things like "Where the hell were you looking? What the hell?" etc etc and he just shook his head. He never said a word to me ever. No sorry no nothin'.

oh and nice Sig line....

I have a strong suspicion that the "lawn mower man" might not have been legal..hence the city dodging anything related to him and the fact that he never responded to you. It's because he probably didn't understand a damn thing you were saying.

Treadless · 06-04-2012, 02:58 PM

Quote:

Originally Posted by eatpasta

As I was lying on the ground, I was looking over at him and screaming things like "Where the hell were you looking? What the hell?" etc etc and he just shook his head. He never said a word to me ever. No sorry no nothin'.

oh and nice Sig line....

At that point he was probably thinking why didn't I just stay on the gas just little longer

.

100mpg · 06-04-2012, 03:17 PM

Quote:

Originally Posted by marine_mike

I have a strong suspicion that the "lawn mower man" might not have been legal..hence the city dodging anything related to him and the fact that he never responded to you. It's because he probably didn't understand a damn thing you were saying.

subpoena ad testificandum? (Im not a lawyer, I don't play one on tv, I haven't stayed at a holiday inn in years but I got internets!)

I think we have something here...

eatpasta · 06-04-2012, 04:28 PM

Quote:

Originally Posted by marine_mike

I have a strong suspicion that the "lawn mower man" might not have been legal..hence the city dodging anything related to him and the fact that he never responded to you. It's because he probably didn't understand a damn thing you were saying.

Thats a very strong possibility....

Ive spoken with my lawyers about subpoenaing records etc to see if the driver was legal to drive etc or even cel phone records but they didnt seem very interested. The bottom line is I dont think they think its going to change the outcome very much.

marine_mike · 06-04-2012, 04:56 PM

If it were a fact that the driver was either illegal or not legally allowed to drive, then the county /city would be 100% liable and have some very tough questions to answer. If you start poking and prodding, bringing up the right questions, they might be more inclined to make it go away quickly. Talk to the reporter and bring it up.

eatpasta · 06-04-2012, 06:28 PM

Quote:

Originally Posted by marine_mike

If it were a fact that the driver was either illegal or not legally allowed to drive, then the county /city would be 100% liable and have some very tough questions to answer. If you start poking and prodding, bringing up the right questions, they might be more inclined to make it go away quickly. Talk to the reporter and bring it up.

I would very much like to learn whether or not that guy was on the phone / was legally driving that POS

100mpg · 06-04-2012, 06:53 PM

Quote:

Originally Posted by eatpasta

I would very much like to learn whether or not that guy was on the phone / was legally driving that POS

has he had any dui/dwi/tickets since the accident? Is he still employed by the city? Orly your honor!....that is interesting.

bigbadandugly · 06-04-2012, 10:27 PM

Quote:

Originally Posted by 100mpg

subpoena ad testificandum? (Im not a lawyer, I don't play one on tv, I haven't stayed at a holiday inn in years but I got internets!)

Quote:

Originally Posted by marine_mike

If it were a fact that the driver was either illegal or not legally allowed to drive, then the county /city would be 100% liable and have some very tough questions to answer. If you start poking and prodding, bringing up the right questions, they might be more inclined to make it go away quickly. Talk to the reporter and bring it up.

Quote:

Originally Posted by eatpasta

I've spoken with my lawyers about subpoenaing records etc to see if the driver was legal to drive etc or even cel phone records but they didnt seem very interested.

I can understand why EP's attorney's have little interest in subpoenaing records of the driver or for the driver to testify because the City would probably launch a motion challenging the relevancy and likely succeed. The trial is over damages, not liability. Liability was determined when the mower man made his statement on the police report.

If EP does result in getting a larger award due to the de novo trial brought on by the City, he should definitely take it to the LA Times to rub salt in the wound.

eatpasta · 06-05-2012, 10:42 AM

Quote:

Originally Posted by bigbadandugly

If EP does result in getting a larger award due to the de novo trial brought on by the City, he should definitely take it to the LA Times to rub salt in the wound.

I have been emailing back and forth with Steve Lopez from the LA times and im not quite sure how interested he is. He says that he is interested....

4wheeldog · 06-05-2012, 11:59 AM

I am betting that the City's legal mouthpiece will try to make this go away just before it goes back into court. Even if it cost me money, I would not consider settling, at this point. I think it will make a much better story (And the judge might have some fun with the City attorney) when you have your last court go around. Good Luck.

eatpasta · 06-05-2012, 01:05 PM

Quote:

Originally Posted by 4wheeldog

I am betting that the City's legal mouthpiece will try to make this go away just before it goes back into court. Even if it cost me money, I would not consider settling, at this point. I think it will make a much better story (And the judge might have some fun with the City attorney) when you have your last court go around. Good Luck.

Yeah it was tempting to take what they were offering but I didnt want to do that for several reasons. Mostly because I knew thats what they wanted me to do, but also because this has gone on way too long for me to just give up. Id like to see it through now.
Plus, going in front of a real judge sounds real good at this point!

DirtReeper · 06-06-2012, 12:50 PM

Holy shit EP this is still going on? for how long damn i havent checked this thread in MONTHS jeabus! You'd better get lawyer fees out of it too. btw hows the bike?

06-05-2012, 11:59 AM	#973
4wheeldog Beastly Adventurer Joined: Apr 2003 Location: 7200' NM Oddometer: 8,932	I am betting that the City's legal mouthpiece will try to make this go away just before it goes back into court. Even if it cost me money, I would not consider settling, at this point. I think it will make a much better story (And the judge might have some fun with the City attorney) when you have your last court go around. Good Luck. __________________ Sometimes a man has got to do what a woman wouldn't even consider.

06-06-2012, 12:50 PM	#975
DirtReeper Gnarly Adventurer Joined: May 2011 Location: Southern Utah Oddometer: 322	Holy shit EP this is still going on? for how long damn i havent checked this thread in MONTHS jeabus! You'd better get lawyer fees out of it too. btw hows the bike? __________________ KLR 650 KLaiRe, dirty red head Quoth the Darth Peach: "Must work to afford Bikethings" Quoth Dorzok, it's a BMW. just activate the levitation function that's part of the optional accessory outer space adventure package.

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06-04-2012, 04:56 PM	#968
marine_mike Gnarly Adventurer Joined: Apr 2012 Location: Mount Clemens, MI Oddometer: 212	If it were a fact that the driver was either illegal or not legally allowed to drive, then the county /city would be 100% liable and have some very tough questions to answer. If you start poking and prodding, bringing up the right questions, they might be more inclined to make it go away quickly. Talk to the reporter and bring it up.