Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Nov 17th, 2018 12:26 pm
Penalty Box
Apr 5, 2013
3324 posts
861 upvotes
markham
Poppwl wrote:
Nov 6th, 2018 7:29 pm
Have you recovered from your injury? Does your injury still affect you to this date or not really? I'm just curious.
injury was about 12 years ago..fully recovered for the most part..a little arthritic when its cold and damp..but thats expected,,i have many aches and pains as I get older but I still am active so I go with the flow...I played golf about an hour after cast removal at the time..in very little pain
Jr. Member
Nov 9, 2017
138 posts
6 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?
Jr. Member
Jan 24, 2018
165 posts
33 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
Deal Expert
User avatar
Mar 18, 2005
17938 posts
1500 upvotes
Niagara Falls
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?

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