Friday, July 27, 2012

People's Court: 7-26-12

Just Say NO!
Donna is suing Mitchell and Kim for $1109.00. This amount is for the money she is out after Mitchell totaled her car. How did Mitchell, a 17 year old brand new driver wind up driving Donna's car? She gave him the keys at 10:00 pm, so he could drive home to pick something up. Why? This is the question of the day that is never really answered. The legal question of who is responsible for the damages, is straightforward. Mitchell is responsible because he was driving when the accident occurred. The moral issue is who is responsible for Mitchell driving the car. There is no question that Donna is responsible. She handed over the keys. Mitchell only had his license for 11 days. He was not supposed to be driving alone at night. What was she thinking? We will never know because this case was about the legal question. Mitchell was going to sleep over Donna's home. Mitchell is the cousin of Jake, the son of Donna's boyfriend. When they all returned home after dinner, Mitchell asked if he could borrow Donna's car. He told her he needed to get his medicine. He actually wanted his X-box. We never find out what kind of medicine he needed. It is unfortunate that Donna gave Mitchell the keys to her car. Someone could have been killed in the car accident. Why didn't she tell him to call his mother, offer to drive him, find out what he really needed, why he was going alone, etc? There are so many questions that should have been asked. Donna should have said no. There were so many other ways to handle this situation. Ask questions, find out what kind of medicine he needed. Did he need it that night? Can his mother bring it to him? The answers to any of these questions would have lead to a totally different outcome. How could she hand over the keys and not know where he was going? She never asked where he lived. There are so many questions that have nothing to do with the legal issue. The answers to these questions would offer insight into how this accident occurred. Unfortunately, we do not get these answers. Kim, Mitchell's mom is counterclaiming for $1500.00. She feels the stress she endured after her son's accident entitles her money. She has responsibility in this as well. Mitchell called her from the car because he was lost and needed directions. She did not tell him to pull over and stop. She did not offer to come and get him. She knew he was not supposed to be driving at this hour by himself. She knew he was lost, since she was giving him directions. They were on the phone when the accident occurred. Kim heard the accident and rushed to the scene. She feels her experiences and the aftermath entitle her to $1500.00. What is wrong with people? I would like to hear one person admit they were wrong. Finally, Mitchell does admit that since he was driving, he was responsible for the damages. Legal responsibility and moral responsibility are two different things. I am so glad that no one was seriously injured in this accident. Cars are replaceable, people are not. Please let me know what you think.

Walk Away From A Fight!
Ella and Lisa are suing Deborah and Justin for $5000.00. Ella is Lisa's mom. Deborah is Justin's mom. This is for dental bills and pain and suffering after Justin punched Lisa in the face. Why would a 15 year old boy punch a 13 year old girl in the mouth? This is a question that is left to us to speculate on the answer. The two teenagers tell totally different stories. The only fact that is clear to us, is that Deborah and Justin are found legally responsible to pay for the dental bills and pain and suffering. Ella and Lisa do not get the full amount they are asking for. They are awarded $3000.00; the full cost of the dental bills and $600.00 towards pain and suffering. Lisa's story is that when she was walking home afterschool, she passed Justin and a group of kids. She said Justin was being hit and then he punched her as she walked by. She ran home, crying and bleeding. Her mom called 911, the police came, Justin was arrested. One of Lisa's teeth fell out and she needed major dental care. Justin's story is that he was playfighting with a group of friends. Lisa walked up to the group, slapped him and he punched her in the face. The truth is somewhere in the middle. There were witnesses to the incident, yet no one is in court to testify for either side. The two stories make no sense. Why would Lisa walk up to a group and slap Justin? Why would Justin walk up to Lisa and punch her? Either way, the legal responsibility lands on Justin. If Justin's story is true, punching Lisa was an unreasonable reaction to a slap in the face. This could have lead to even more serious consequences than losing a tooth. Justin learned a valuable lesson, punching someone is wrong, especially a girl. I feel that a fifteen year old should already know not to hit someone. Thank goodness Lisa's injuries were not worse. Hopefully they will both come to terms with what really happened, since they are the only two that know the truth. What do you think happened?

 Three Years!
Sharyn is suing Mike for $686.00. This is for the cost of lanterns that were damaged three years ago. Mike owns a rubbish removal company. He was contracted by Sharyn's across the street neighbor. When the dumpster was being removed, the cable broke and there was damage to Sharyn's property. A stone pillar with a lantern and a stonewall were damaged. Mike took responsibility for the damage. He removed the rubble and debris. He had a mason rebuild the pillar and the stonewall. When the work was completed, Sharyn informed Mike that the lantern did not work. She also wanted the working one replaced so they would match. Mike agreed. The story should end here, but it does not. Why?, what went wrong? Sharyn priced lanterns, found out they were more expensive than she originally thought. She did not want to tell Mike it would cost more money. She got tired of looking at lanterns and forgot about it. Now, three years later, she wants her yard to look nice because her son is coming hme from college. Her son is in court, yet Sharyn does not want him to testify. Is anyone of this Mike's fault? He was more than cooperative at the time.  He took responsibility for the damage. He did the repairs right away. He even agreed to replace the working lantern. Three years later, why would he have to replace the lanterns? Sharyn feels that since the statue of limitations has not run out, he should have to pay. If she had evidence, she might have won. She might have been within her right to bring the case, but she still has to prove it. She should not have waited so long to pursue this case. In the hallway, it is clear she does not understand why she lost. Mike is satisfied with the outcome. He knows he did the right thing and is suspicious of the three year wait. It is so important to take care of a situation in a timely manner. What do you think of the outcome of this case?

Please share your thoughts in the comments. Thank you for joining me today.

Adventure is worthwhile in itself.
-Amelia Earhart



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