Lawsuit Update

[Ron Van Putte]

On Mar 21, 2005, at 7:48 PM, Bill Pritchett wrote:

> Gray:
> Lots of exchanges have taken place here regarding the prudence of 
> retaining a lawyer.  I have to chime in on this...... if you get one 
> (and I think you should) make absolutely sure it's a good one.  
> Lawyers are like us as flyers......they come in all levels of 
> accomplishment.  A truly good (read aggressive) lawyer on your side is 
> hard to beat.

Bills right.  50% of the lawyers graduated in the bottom half of their 
class.

Ron Van Putte

> ----- Original Message -----
>  From: Bill Glaze
> To: discussion at nsrca.org
> Sent: Monday, March 21, 2005 8:40 PM
> Subject: Re: Lawsuit Update
>
> It has been said that a person who acts as their own lawyer, has a 
> fool for a client.  Bill Glaze
>
> Gray E Fowler wrote:
>
>
> 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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