Lawsuit Update

[Wayne Galligan]

Small claims court is primarily for cases where smaller amounts of money are to be determined and a lawyer, although not needed, just ensures you that the proper protocol(intimidation heh! heh!) is used.  I used one in small claims court when a guy bounced a check for a motorcycle and wrecked it the day after.  Then he claimed it was a faulty piece of equipment, where he was doing a wheelie then flipped it.   Of course I won, but it took 1 1/2 years to collect $650 and I had to garnish his check and still pay for my lawyer.   So much for wining the case.  I would have been better off taking the bike back, fixing it, then reselling it.  

Wayne G.

  ----- Original Message ----- 
  From: Gray E Fowler 
  To: discussion at nsrca.org 
  Sent: Monday, March 21, 2005 11:17 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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.f3a.us/pipermail/nsrca-discussion/attachments/20050321/83363b49/attachment.html