Lawsuit Update

[Norm500]

The one time my business was taken to small claims court by a 
customer, (in New Mexico), I consulted with my lawyer before going 
to court.  His recommendation was that I didn't need him in the 
small claims court, but if I lost, then he would represent me in 
an appeal which is apparently more formal.  I won BTW so didn't 
need him.  I do think it prudent to check with a lawyer and get 
his advice before going to court however.

Norm

----- Original Message ----- 
From: "Gray E Fowler" <gfowler at raytheon.com>
To: <discussion at nsrca.org>
Sent: Monday, March 21, 2005 9:17 AM
Subject: Lawsuit Update


>I met with other club officials Saturday morning and here is what 
>we are
> doing.
>
> There was much discussion on whether to get a lawyer or not. 
> Some fear
> that in Small claims in front of a JP, which by the way ignores 
> all normal
> court rules, a lawyer would piss off the JP. This lady does not 
> have a
> lawyer because she cannot really afford one.  We are calling all 
> current
> club members and asking if they have had any interaction with 
> this lady
>
> 1. Are you aware of anyone crashing on or near her property.
> 2. Did she come over to our property and fall and break her arm
>
> We are filing a response today denying all claims of trespassing 
> and the
> breaking of her arm. Included in our response will be the prior 
> history
> with this lady which includes
>
> 1. A face to face meeting with the County Managers who reveiwed 
> our club
> documents.
> 2. A live noise demo that resulted in the County stating in 
> writing that a
> noise problem does not exist and that they recognize that the 
> flying
> boundaries are for reference only, and that occasional overflys 
> do happen
> by accident and it is not a problem.
> 3. Repeated Sherrif visits from her complaints, where as no 
> action is ever
> taken.
> 4. Results from County Commisioners court in front of a judge, 
> whereas her
> claims were dismissed.
>
> The JP will then make a decision on whether or not to hear this 
> case. Our
> club members really think our response will end this, I do not.
> I feel that our club members, like 90% of the rest of the world 
> are
> fearful of lawyers. Most view lawyers as an expensive solution 
> that they
> have no control of. When you hire a lawyer, and go to court, you 
> are in a
> very "specialty" situation that frankly the average citizen does 
> not
> comprehend, nor can properly react to.  I think we (my club)are 
> absolute
> fools for not getting  a lawyer. The Club Pres has said if  the 
> JP accepts
> this case we will reconsider obtaining a lawyer. My polling of 
> club
> members indicates that people who are against a lawyer have 
> never retianed
> a lawyer, but they sure hate them. A few that are for it have 
> had a lawyer
> and see the benefits. Of couse the AMA told us to deny all 
> claims and not
> to get a lawyer. They willn help us if this got out of hand, but 
> not right
> now.
> I find it absurd to believe that a JP would get pissed off that 
> we brought
> a lawyer. Hey! We are talking about $5000! I would think that 
> the JP would
> think we are idiots for NOT having a lawyer. I see this as a 
> method for
> ending this lady's claims now and forever. I think we should go 
> after her
> in writing for OUR court costs which include legal fees. I never 
> expect
> restitution but I do want her to know that we take this serious 
> and will
> fight her to the bitter end. He has has most cash wins, and in 
> this case
> we have much more cash. We can spend $1000 in lawyer fees now 
> and be done
> with it.
>
> I would bet that MOST of you out there who have been to court 
> with a
> lawyer are with me and those of you who have never have been to 
> court are
> against my thoughts.   There is a wild card, which is JP court. 
> Anything
> goes, and for that reason I realize I could be wrong.
>
> So we are posting a denial of all claims today.
>
> On trespassing...one of of members is a Plano Cop. Here is the 
> Police and
> court take on Trespassing. Posted or not posted means nothing. 
> You can
> step on anyones property at any time. If the owner asks you to 
> leave, you
> must leave and be given the chance to leave. To make it legal, 
> and hold up
> in court, a police office must witness this exchange. Now I am 
> sure that
> if she tells a person to get off in January and a cop (or other 
> witness)
> is there and you show up again in Feb and once again witnessed, 
> then you
> are trespassing. Flying over her trailer is not trespassing.
>
>
>
> Gray Fowler
> Principal Chemical Engineer
> Composites Engineering 


=================================================
To access the email archives for this list, go to
http://lists.f3a.us/pipermail/nsrca-discussion/
To be removed from this list, go to http://www.nsrca.org/discussionA.htm
and follow the instructions.