If it was not true it would be funny....

[Randall Bearden]

On 3/18/05 8:21 PM, "Lamar Blair" <l.blair at worldnet.att.net> wrote:

> Again do not do this you may think it would work but take my word it will not.
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> Lamar
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> ----- Original Message -----
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>> From:  Keith  Hoard <mailto:khoard at midsouth.rr.com>
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>> To: discussion at nsrca.org
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>> Sent: Friday, March 18, 2005 8:06 AM
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>> Subject: RE: If it was not true it would  be funny....
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>> I have to  agree.  Pay a lawyer his $250 fee to write her a really
>> threatening  letter, make sure it talks a lot about money, and she¹ll go
>> away. . . (maybe).  . .
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>> Keith L.  Hoard
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>> Cordova,  TN
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>> khoard at midsouth.rr.com
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>> From: discussion-request at nsrca.org  [mailto:discussion-request at nsrca.org] On
>> Behalf Of Gray E Fowler
>> Sent: Friday, March 18, 2005 9:52  AM
>> To: discussion at nsrca.org
>> Subject: Re: If it was not true it would  be funny....
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>> Terry, Tony  
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>> Right now I am of the mindset  that we get a lawyer and really slam her, then
>> counter sue for court expenses.  She is low income, does not have a lawyer,
>> and from my experience "Lawyer vs.  No Lawyer" is usually a slam dunk win. I
>> really do not expect to get a  monetary judgement but I do want her to feel
>> scared from a monetary point that  if she keeps this up it could cost her. I
>> guess the question is -is it  possible  in small claims court to counter sue
>> for legal "defense"  costs?
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>> 
>> Gray Fowler
>> Principal Chemical Engineer
>> Composites  Engineering
> 

Based on what you have stated she doesn¹t have a case.  The accident was not
on the flying site property and nobody there invited or caused her to leave
her home and have the accident.  The fact that she has a history of
complaints and that those complaints were not proved weighs in your favor.
As far as trespassing maybe she considers the airspace above her property to
be restricted in some fashion.  I don¹t believe that a citizen can claim the
airspace above their property as private otherwise think of the messes that
every airline or the military would have to deal with just to fly.

The actions that she took leading to her accident were of her own choice.
It sounds as if her own carelessness is the cause.  Pain and suffering are
usually not awarded if you didn¹t in fact cause them.  The fact she hurt
herself on her own property will make make the burden of proof (which falls
on her) very difficult.  As far as legal costs she can sue for filing fees
but not attorney fees because representation is not required to plead the
case.

A strong counter suit would get her attention.  After all you seem to have
gone to extra lengths to prove that you are doing what is reasonable to
resolve her problem. (Except for dying and having the flying field
bulldozed)  The problem will be proving she actually caused you harm beyond
the pain in the but she is.  If you have a lawyer in your club well then
problem solved, slam dunk for the good guys.  You may counter sue for court
costs but unsure about the lawyer fees.

I am not a lawyer however I studied tort law and some civil law while
completing my Masters.  I could be way off base here but I don¹t think I am.

Keep us posted
Randall Bearden
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