Lawsuit Update

[John Ferrell]

Remember, I am on your side:

"You mentioned flying over her trailer is not trespassing. Although this is
legally correct, it is in violation of AMA safety rules and your club
probably has rules against flying over her trailer if it's close to the
field."
I live in the country and noise does make a difference to me. Flying over my 
house other than the first time is not negotiable.

In fact, if I am ever able to identify who leaves the cast off deer parts in 
the ditch, I am going to deliver them to their front porch!

People who live in the boonies expect a measure of peace and privacy!

John Ferrell
http://DixieNC.US

----- Original Message ----- 
From: "Larry Diamond" <lld613 at psci.net>
To: <discussion at nsrca.org>
Sent: Monday, March 21, 2005 9:34 PM
Subject: RE: Lawsuit Update



Gray.

My two cent FWIW

Although I believe you should consult an Attorney before going in the court
room, you will need to understand the rules of the game. In some states an
attorney may be present, but can't represent you during the Small Claims
court proceeding. This is an effort to keep the playing field level and yet
allow both side to represent their best case.It would be wise to go and
observe the court and the JP prior to your court date. This will give you an
idea of how the JP operates. Also, if someone else shows up with an
attorney, you can observe the JP's reaction.

More important than going to court, and has been stated in other threads
before mine."Your club needs a Win-Win scenario." If you go to court and
your club wins the decision, she loses..Hence Win-Lose and she will still
continue.

As long as the Win-Lose results exist, eventually it will get somebody's
attention and the club will lose the flying site.

The only way to result in a Win-Win is to get your smoothest talking club
member (selling skills) and approach her in an effort to solve the problem
in such a way that both parties are happy. If your Board of Directors can
meet personally with her and let her know that they will carefully consider
her concerns and would be willing to work with her to change or modify some
club rules. It is more likely that the Board can state the club rules to
show that her interests are not only protected, but the club should be
operating by them. Also it may be best to find a volunteer to take her calls
(complaints) by a club member who can help communicate with the members.

You mentioned flying over her trailer is not trespassing. Although this is
legally correct, it is in violation of AMA safety rules and your club
probably has rules against flying over her trailer if it's close to the
field.

She is most likely more frustrated at not being taken seriously and thus
continues to push on any minor irritation by the club. If your club can make
her feel like she is important enough to be heard and address her real
concerns, she may end up being a supporter of the club. At a minimum, reach
a compromise, then set a date for a follow-up meeting to see how things are
going.

I highly recommend that the person who initially confronts her has very soft
people skills with outstanding salesmanship.

In summary. If your club actually makes it to the court room, the club has
already lost no matter what the verdict. Most results of a Small Claims case
are printed in a local newspaper. The club will not want political
sympathizers on her side.

Larry


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