Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Jan 9th, 2019 4:39 am
Member
Nov 9, 2017
259 posts
11 upvotes
heynow9991 wrote:
Jul 22nd, 2017 12:25 pm
Op here. So it has been one week and one day since they called and asked for my insurance company information. They said they would be serving me notice. Nothing so far. I'm probably jinxing it by saying this
Wonder what happened to your case?
Member
Jan 24, 2018
216 posts
41 upvotes
heynow9991 wrote:
Aug 9th, 2018 8:44 am
OP here with another update.

My tenant has a lawyer. I have been talking to them and sharing evidence with them. My insurance company is setting me up with a lawyer, but I haven't talked to them yet.

I talked with the plaintiffs lawyer yesterday. This was the first time I had talked to the actual lawyer. I had called them to get a description of thier client, because throughout the lawsuit they refer to him as a male and a female. Like literally in one sentence it is a he and the next a she, then a he. I wanted to make sure I was looking at the right guy on the security video. She described him, and it is the right guy on the video who is shown walking into my property.

So we talk for a bit and she says I know you are claiming it didn't happen on your property and if you show me the evidence I am happy to release you from the suit. I told her I wanted to do that last year when they first called me but now that I'm facing a million dollar suit I need to get advice before I make any decisions. I reminded her that she has done a disservice to her client by pursuing the wrong owner for 2 years, and now the time has expired to go after the right property owner. Remarkably, she admits to me that her staff screwed up in not relaying the information to her that I had claimed it happened on the neighbors property. She said that prompted an office meeting to discuss how important it was to relay this kind of information. She also said that she had informed her insurance company of the mistake and the possible liability that they were facing. Both myself and the plaintiff have a good case against the lawyer. Remarkable.

All this bulls!tt because one dumb ass clerk doesn't talk to the lawyer.

As I have stated earlier, I still plan on counter suing everyone for malicious prosecution. I know some people have said it won't work, but I think in light of the recent developments I could get a judge to feel some pity on me. I won't get crazy and sue for "ONE MILLION DOLLARS" like they are. I plan on counting up every day that I have spent dealing with this and asking for $500 for every day. This is around what I make on an average day. I probably have 10 days into this so far. So $5k, small claims court, f*** them the bastards
Well, what you will get when you counter sue for "malicious prosecution" is diddly squat. if i were you i'd just pay them something and stop trying to act like you're a lawyer and move on with your life

whether or not the dude was injured isn't the question here niether is it anywhere in a lawsuit- the question is was this dude smart enough to get medical reports, go to the hospital saying he fell on your property etc.

further if it's been even 1 day more than 2 years from the date of the incident they can't sue you. bring motion for dismissal and you're done
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Mar 18, 2005
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jimmysack wrote:
Nov 17th, 2018 12:19 pm
Well, what you will get when you counter sue for "malicious prosecution" is diddly squat. if i were you i'd just pay them something and stop trying to act like you're a lawyer and move on with your life

whether or not the dude was injured isn't the question here niether is it anywhere in a lawsuit- the question is was this dude smart enough to get medical reports, go to the hospital saying he fell on your property etc.

further if it's been even 1 day more than 2 years from the date of the incident they can't sue you. bring motion for dismissal and you're done

how is a guys word to a hospital that he fell on OP's property more convincing than the actual video footage showing him not falling on OP's property?
Member
Jan 24, 2018
216 posts
41 upvotes
Evil Baby wrote:
Nov 17th, 2018 12:26 pm
how is a guys word to a hospital that he fell on OP's property more convincing than the actual video footage showing him not falling on OP's property?
OP said the video footage doesn't show everything i believe, and said its not clear

also, did op keep original footage (not copy, on usb etc. ) ? cus if he didn't that evidence won't even be admissible. once chain of evidence is pooped that evidence goes down the toilet

anyways, all this talking is pointless. the guy doesn't have a case against OP. its been over 2 years. statue of limitations is 2 years. judges are strict with this, other wise every johnny and sally in canada would not abide by the 2 year law and people would get sued left and right after 10 years or maybe 10,000 years later?

op file notice of intent to defend and bring motion and seek costs judge will throw his lawsuit in the toilet.

//lock thread
mods close this thread as its pointless posts now
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Jul 29, 2005
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jimmysack wrote:
Nov 17th, 2018 12:19 pm
Well, what you will get when you counter sue for "malicious prosecution" is diddly squat. if i were you i'd just pay them something and stop trying to act like you're a lawyer and move on with your life

whether or not the dude was injured isn't the question here niether is it anywhere in a lawsuit- the question is was this dude smart enough to get medical reports, go to the hospital saying he fell on your property etc.

further if it's been even 1 day more than 2 years from the date of the incident they can't sue you. bring motion for dismissal and you're done
Why should OP pay them something?
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[OP]
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Mar 5, 2017
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OP here

Yea, Why would I pay them anything? They are pretty much trying to con my insurance company out of a million dollars. Why the hell would I want that to happen? What do you think will happen to my rates? How old are you? Im just sitting here shaking my head.

I have no updates.

So far I have collected all the evidence, contacted all the witnessess and gotten to the point where I was talking to the opposing lawyer, who was basically saying we are going to release you from the suit. Then I changed tactics because I had a lawyer assigned to me by my insurance company, and I told the opposing lawyer I needed advice before I make any moves. So I tell all this to my lawyer and guess what, nothing happens. All I needed to do to end this is go show them my evidence and they would go away. That is what I should have done. Instead I wait, with this hanging over my head. Its been more than 2 months since I almost had this wrapped up and no updates from my lawyer.
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Jan 16, 2011
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mark my words, your insurance company will settle... Yes I have read the entire thread.
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Dec 25, 2017
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I just finished reading the whole thread, very interested in hearing how this will all end so I subscribed for updates as well. Please keep us all informed of what's happening!

The idiot suing you is a terrible person and this law firm that they selected is even worst. Since when does law firms set themselves up to get themselves sued instead of suing on behalf of the client?... Seems like they would have dropped the case if they knew there was no case to begin with but now they just redirected the harm to themselves. Still, suing for one million dollars in damages is insane, I doubt your insurance company will settle and you won't be out that deductible, they'll just lose terribly from how their firm is managed!
Member
Jan 24, 2018
216 posts
41 upvotes
heynow9991 wrote:
Nov 19th, 2018 2:50 pm
OP here

Yea, Why would I pay them anything? They are pretty much trying to con my insurance company out of a million dollars. Why the hell would I want that to happen? What do you think will happen to my rates? How old are you? Im just sitting here shaking my head.

I have no updates.

So far I have collected all the evidence, contacted all the witnessess and gotten to the point where I was talking to the opposing lawyer, who was basically saying we are going to release you from the suit. Then I changed tactics because I had a lawyer assigned to me by my insurance company, and I told the opposing lawyer I needed advice before I make any moves. So I tell all this to my lawyer and guess what, nothing happens. All I needed to do to end this is go show them my evidence and they would go away. That is what I should have done. Instead I wait, with this hanging over my head. Its been more than 2 months since I almost had this wrapped up and no updates from my lawyer.
sometimes it is better to pay and move on then drag something out in 5 years of litigation. evfen if u are not paying for the lawyer and ur insurance covers it u will still be legally required to attend discoveries, mediation, and a lot of other crap. add all those days off work it can easily come to big big ned flanders type money
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Aug 15, 2015
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Time is of the essence. I feel badly for you that you have to worry about this for two years. You have enough evidence to show you attended to the matter and tried to get it resolved, keep your records, now it's time to sit back and relax and do nothing.

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