| Subject: Ok, so yesterday my wife and I had to go to court... |
Author:
Mau Xu
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Date Posted: 17:40:49 11/14/02 Thu
for the Small Claims suit filed against us in regards to the traffic accident my wife had back in August. Well, and this one is for you Wump, you can take the girl out of the trailer but you just can't take the trailer out of the girl! This woman sueing us had to be the trashiest person I have seen in a LONG time!!! And I work downtown Detroit... I see plenty of trashy people everyday!!!! Add to that, she had to be more masculine than all of us guys here combined! She gave new meaning to the term "Femi-Nazi Bitch"!
For those that don't know, my wife "tapped" some girl(14 years old) on a bike as she was pulling out of a pizza place(bar). My wife had just taken her foot off the brake when this girl appeared in front of her and never got a chance to press the gas... from what my wife tells me, the pedal to the bike got stuck on the lower part of her bumper and the girl fell off her bike. My wife said the girl had a scrape on her arm and her cheek and the seat post to her bike was bent... other than that everything else seemed to be ok. My wife was quite upset... she was afraid the girl was upset... she appologized repeatedly... the girl appologized as well since she stated she was not paying attention(Remember that point!) The girl refused any medical attention at the scene and did not want my wife to drive her to her grandparents(Whose house she was enroute to). My wife gave the girl her name, address, and telephone number since there was nothing else she could do for her... she came home in tears and hysterical... it was the first time she had EVER been in an accident. A few hours later some asshole cops showed up and wrote her a ticket... they said the girl was ok but I am sure they wrote her a ricket because of the bitch of a mother who even admitted that she told the cops to check my wife for alcohol(Which she hadn't had a drop... she was only picking up a pizza) and to write her a ticket if they could... they wrote her a ticket for Failure to Yield... if I knew they were going to do that... I would never have answered the door. So moving on to the small claims suit...
We had a judgement ruled against us but in some ways I guess (Atleast my wife thinks so) it was still a victory on our part. This is what the woman sued for:
Bike $222.59
Medical Co-Payment $25.00
Band Camp $100.00
Court Costs $38.00
Pain and Suffering $100.00
Funny when she talked to my wife on the phone, the medical copay was $20 and she didn't give my wife a value on the bike. This is when I took over and tried to call her a few days later. Got the machine so I left a message. After a few weeks we didn't get a response so, at the advice of my wifes' boss(who is a lawyer), we sent them a letter via registered mail. Later that week she called and left us a message on our machine that she would call us back. Well since we were in no hurry to pay her anything, we held her to that and waited for her to call us back. Well she finally called us back on Sept 24th... which happened to be the date that my wife was to appear in court for the ticket she was issued... well my wife was not in court that day because our lawyer knows people in the court and was able to push up our court date to nearly a month sooner... the court, however, did not tell this woman that the date had been changed... so when she called on on the 24th her msg was very pissy... I mean, god damn! She had to take a day off her job as a bus driver and her daughter had to take a day off from school, and she NEVER takes off from school!!! I called her back a little while later and was actually able to talk to her... first thing she tells me is that she was mistaken about the medical copay...that it was actually $25 and not $20(Big deal...only $5 but still, how do you NOT know these things before contacting us???)... So I then ask her about the bike and its value... she tells me $329(But she is telling the court 222.59... once again... how can you NOT know these things before you contact us???)... I tell her that I would have to see the bike to ensure the level of damage before I would pay out that much... she told me that she no longer has the bike... I ask what she did with it... she tells me she threw it in the garbage... I asked why the hell she would do something like that... she tells me because my wife had already offered to buy a new bike and she felt the old one was no longer needed... I roll my eyes, sign, and tell her that I can not pay out on something I can't see! She asks me what I need to see since the police report said it was destroyed... I told her I know better than to trust some damn flat foot(no offence Garr)... she asks why do I need to see it? And I say because I want to confirm that it can't be repaired... she replies by saying that she doesn't want it repaired, she wants it replaced! She goes on to state that someone she knows checked it out and confirmed that the frame was bent... I told her I wanted a 2nd opinion... but since she no longer has the bike(how convienent)that was not possible! She then goes on to ask why she was talking to me and not my wife... and I told her BECAUSE I WRITE THE CHECKS!!! She told me that that was so chauvenistic... I told she she should talk to my mother since they sound like they have a lot in common... So she asked me if I was going to pay it, and I told her that I would as soon as she produced a bike and I could determine that it was the bike involved in the accident and was damaged beyond repair... she said that she couldn't produce that so I said I couldn't pay... she said she was going to take us to small claims and I told her to knock herself out...
So she filed a SMall Claims suit against us for the amount of $433 which is a far cry from the $354($329 for the bike and $25 for the medical copay). Well I know my wife really wanted to get everything taken care of yesterday but I told her that I would rather be forced to pay her than to willingly give her a dime... yesterday was SUPPOSE to be a mediation... the laywer for the mediation never showed up so around 10AM they had to get a Magistrate to hear the case... now it became the acutal case and was no longer a mediation...The Magistrae(Who appeared to be a man in his 70's) started out by stating that he did not like interruptions and that if someone is speaking, to let them finish speaking(i.e. No Peoples Court, Judge Judy, Texas Justice, Divorce Court, or Judge Hatchett shit going on!)... I was thinking... THANK GOD!!! Finally someone that will keep shit straight!!! Well for the most part he did but this woman still did her share of interrupting... most of the time the Magistrate would set her straight and tell her to let us finish or stay true to the question when we asked her one...this woman acted JUST like someone you would see on one of those shows!!! Still can't get that trailer out of her I guess!!! The moment she walked up to the podium you could hear the animosity in her voice... the magistrate heard it too and commented on it... she tried to make it sound like this whole ordeal was MY fault because I didn't let her deal with my wife instead(If I let her and my wife deal with it, they would STILL be dealing with it!)... she kept going on about how she was a bus driver(Damn she's proud of that) and that she never takes time off from work(What did she lose? $40?) and that her daughter never takes off from school(How quickly we forget Sept 24th! Oh yeah, you commented on that already! Give it a rest!) She gave a big sob story about how her daughter had to miss Band Camp because of the injury(Sounds like we did her a favor) and how the bike was a birthday present(Who fucking cares?)... She had a stack of evidence to present like canceled checks... pics of her daughters injuries, a letter from the band director at band camp... what didn't she have??? A reciept for the bike nor any pictures that prove the bike was really damaged. So my wife asked her about that(Since I was not allowed to ask any questions but I WAS allowed to tell my wife what to ask)... the woman claimed that she didn't have the reciept but the check was when she purchased the bike and my wife asked how did we know that she didn't buy other things at that same time that were included in that amount... she said the bike was the only thing she bought... the Magistrate asked if her testimony was that the check was in lieu of a receipt(Not his exact words because she wouldn't understand words like lieu)and she said yes... I guess eh believed her(Why would he? She has already shown that she was lying both about the amount of the copay AND the price of the bike!!! Whatever happened to credibility????)... So then her daughter goes to the podium and damn if her entire testimony was COMPLETELY rehearsed!!! When she was speaking she put EXTRA emphasis on the statment that she was paying attention even after she said otherwise at the scene of the accident... she even told the court that my wife seemed like she was more concerned about going to jail than to her(the daughter) well being. She even gave out a few tears to top of the theatrics!!! My wife asked her(As she is entitled to due to court rules) if in fact she said that she(the daughter) was NOT paying attention... the girl said that she never said that and that my wife never even offered to help her up and went right to check the front of her car after the accident.
Now it was my wifes' turn at the podium, my wife pointed out that she did in fact try to help out the Femi-Nazi's daughter at the scene of the accident... offering to call the police... and ambulance... to drive her to her gandparents house... and that the girl refused all of them... My wife also claimed that she never said what kind of bike she was willing to buy for the girl...My wife finished by stating that bike didn't appear to be any more dmg'd than a bent seat post and not all the dmg the Femi-Nazi said was wrong with the bike(Bent frame, broken seat post, bent rear wheel, bent pedal)... When my wife stated the girl walked the bike away the mother cut her off and asked if she meant she dragged the bike(She did a lot of cutting my wife off in speaking)... my wife insisted she pushed the bike away and did not have to drag it...
When I took the podium I pointed out that the animosity the Femi-Nazi was showing started before I even talked to her... it was evident in the msg she left on our voice mail... that I was willing to work with her until she said she no long had a bike and therefore no proof of the bikes dmg...
All the while I was whispering to my wife what to ask and this woman had the gaul to say under her breath(but loud enough for me to hear) "Why doesn't he just let her speak on her own" while at the same time coercing her daughters testimony(Which the Magistrate had to remind her that it was her daughters turn to speak and not hers). At this point the Magistrae made his decision...
$147 for the Bike
$50 for Band Camp(He said only half because she was still able to attend even if she couldn't participate fully... in my opion, she shouldn't have gotten anything)
$25 for Med copay(No problem with that)
$38 Court costs(Once again no problem with that)
I guess it makes no difference that she lied to us about the cost of the copay and the bike in the biginning... thought this WOULD make a difference but I guess when a child is involved they have no choice but to listen to the bleeding hearts that would have you believe this girl is nothing more than a victim. I also guess you don't need to prove the bike was destroyed by bringing the bike in, having pictures of it, or even a receipt as long as some damn flat foot(who probably doesn't know his ass from a whole in the ground) says it was destroyed. How de we even know that he was looking at the bike involved in the acident? I guess when children are involved, it doesn't matter! On a lighter note, the Femi-Nazi made the coment to the Magistrate(As she made to me as well) that if I would have stayed out of it, her and my wife would have solved the issue much quicker(Bullshit... either she would have taken my wife to the cleaners or they would STILL be trying to figure out the cost of the bike!), that my wife was a big girl and could take care of things on her own(Fucking feminists!)... Well the Magistrate told her(sternly) that we are married and anyhting that affects my wife, affects me and our household and that if it was his wife in the same situation, he would be doing the same as I was by counseling his wife(This pretty much shut her up). From what my wife tells me, she stormed out of the court room in a huff(even though the judgement was in her favor... he wouldn't give her anything for pain and suffering because they hear it so often and in all honesty, all the girl had was a strawberry on her cheek and elbow!!! I have caused more dmg to myself just playing around as a kid! Tell the brat to suck it up and move on!). My wife looks at it as a victory but I am still shocked that they allowed judgement on a bike that NO ONE could prove was damaged... I still feel our judicial system is nothing but a farce but I am happy that my wife atleast fought it(She at first wanted to settle). I can only hope that this woman one day hits me with her bus... I also have to find out if the bar broke any privacy laws by releasing my wifes name(even though my wife gave it to the girl) to the girls mother... I tried to speak with the owner the night before the court case and the Femi-Nazi claimed I was harrassing people there(She says she knows the owner... if they will give out my information there, I might have to draft up a site outlining how this establishment does not respect your privacy... within the limits of the law of course!)even though I had only been there the one time since the whole incident!!! This woman really pushed my buttons! It still surprizes me that someone would have fucked that woman to begin with!
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