Lawsuit Update

[Gray E Fowler]

Rick

We have done everything about being nice as you suggested, mostly believe 
it or not when I was the Pres.  If we lose the JP judgement we can appeal 
and then get real serious.
What was not really brought about in my earlier postings is that this lady 
is, in my opinion is psychotic. She has tried and failed to get her 
closest neighbors to sign a petition against us. We have been EXTREMELY 
nice to her for the reasons you mentioned, but now she has made a legal 
attempt at costing us $5000 and it sets up a precedence that will be 
negative for all of us. Imagine if she wins, by saying, the noise was so 
bad that I was a nervous wreck, and I fell down and broke my arm! It 
happened in Texas but New Jersey is next.
We may be right, but that has nothing to do with getting this lawsuit 
dismissed. THAT is that part that those whom have never gone through the legal 
system seem NOT to understand, Being right and moral and having the high 
ground only go so far. 
By filing our denial today, we lock her into small claims court, which is 
the $5000 limit in Texas. Countersuits are simply to get her to back down. 
If she fears the loss of money due to filing frivolous lawsuits, she will 
think twice before doing it again.


Peace, Love to all non RC types out there (hey Ron! is that a better 
message?) and of course  P&L to RC dudes and extra kisses to pattern 
dudes.... 


Gray Fowler
Principal Chemical Engineer
Composites Engineering




"Rick Wallace" <rickwallace45 at hotmail.com>
Sent by: discussion-request at nsrca.org
03/21/2005 12:48 PM
Please respond to discussion

 
        To:     discussion at nsrca.org
        cc: 
        Subject:        RE: Lawsuit Update


Gray - 
(it may be toooo late for this, but here goes) - 
As you can expect, your plight was a between-flights topic of discussion 
at the field on Saturday, and the group concensus was that meeting her 
anger and complaints with measured, courteous response in all cases will 
probably go much further in the long run than sinking to her level with 
counter - suits, accusations, legal action, etc. 
You guys have the moral and legal high ground - you've got the law, the 
local government, and everyone else but her on your side here. Your noise 
is proven by objective standards to be essentially unmeasurable; no one 
else has complained, and you guys have proven to be model citizens in all 
respects (right?...) 
There should be a way to hold that high ground against this person - a 
smile and a firm but courteous response is often the best - and it will 
ALWAYS hold up better under examination later on than the "... But she hit 
me first!" brand of response. 
One guy even suggested that the club send the lady in question flowers and 
a get well card to show goodwill to this unfortunate person -- who 
apparently has some issues of her own that probably go far beyond your 
occasional overflights. (and the flowers and card might well just make her 
even madder... oh yeah, we're trying to be gentlemen here...) 
You guys clearly seem to have the big hammer on your side here - you could 
almost certainly file and win counter- suits for harrassment, frivolous 
legal action, etc ... and it'd probably be really satisfying to do that in 
the short term. But just becasue you CAN doesn't automatically mean you 
should - and I'd think community relations would be better in the long 
term if you keep your response as low key and courteous as possible - 
certainly at a lower noise level than hers. You can afford to be courteous 
- after all, you're in the right about this whole thing. 
And after all, if that doesn't work YOU can always elect to go big and 
nasty on her - just remember that once that's done it's really hard to go 
back, and may be difficult to present the image of a good community 
citizen / activity where people would want their kids to spend time. 
Just my $.02
Rick 
>From: Gray E Fowler <gfowler at raytheon.com> 
>Reply-To: discussion at nsrca.org 
>To: discussion at nsrca.org 
>Subject: Lawsuit Update 
>Date: Mon, 21 Mar 2005 11:17:38 -0600 
> 
>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 

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