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Title: Ass-hole trial worries Post by cootie on Aug 1st, 2005, 12:36pm Hey guys.....does anyone know ANYTHING about trials and what part character witness's or names taken at depositions mite have to play ? It involves a close freind that rear ended anouther freind on his bike 'playin around' in front of a camp grounds. The guy that got hit was ridein on a mini bike that nite after it happen'd after the ordeal with cops and all and drinking and walking all over talkin to people and then he decided to sue the insurence co for big bucks. He was goin to have back surgery before this happen'd and also had been liveing beyond his means on credit cards and had bills catching up with him so he seen this as an opportunity ! He did have surgery AFTER the accident a few months later and AM SURE the wreck didn't help his situation either tho but it was already BAD. The wreck escalated alot of his problems that's all. He has sue'd people before and so has his wife......we NO LONGER associate with them cuz of what there doing plus he is a scarey guy now that his true self has shown. Insurence gave him about 10 grand total....but he wanted more. He had told us of his plan to go on disability and build a monster garage and build custom bikes and pay off bills and get his wife a bike. (she's a neurotic tranquilizer queen and want nothing to do with her now) The money is what keeps them together.....they have nothing much in common and very disfunctional. Insurence gave them a final amount of 1 thousand more cuz he has some SUE ANYBODY FOR ANYTHING snake lawyer goin after them. They told me the money people pay in for it is there for the takeing and THEY WANT IT !!!! The guy went postal and had a few HEAVY artillery gun moments around his house then went after the guy that hit him. Now they are BOTH sueing him for pain and anquish there snake lawyer conn'd up. They don't care if the freind has to pay the rest of his life to them in payments they WANT THAT MONEY to fulfill there dreams. They had depositions last week and our freind said he HAD to give names of freinds and ours was included. But am thinking our name was probly also mentiond with the not a very nice person doin the sueing cuz we were GOOD friends for a while and we just don't talk to them anymore so he probly still thinks were pals and just mad. I dispise the people.....dangerous types that go tooth and nail after a freind to get RICH. What will our names play in any of this.....will be be called in to testify in court (jury trail in Jan) or will we just be called in by lawyers to be asked questions privately ? We didn't see the accident happen.....but we were close to both sides. But not sure what they will ask us or want from us ??? I don't want my house fire bombed.......lets put it that way !!!! (the bad friend was in prison for 6 years for beating someone and they died). SORRY to bore ya all with this (which I probly do often).....but I am haveing some SERIOUS anxiety over all this. We will say nothing but the truth and if it helps our friend being sued that's great cuz he is a GREAT person. But I jus don't want to have to 'watch my back' if ya know what it means and question and answer time be discussed with the not a very nice person that lives up the road from us. Brad has skipped one cycle and sure hope it doesn't come this fall which is quite possible.......or have this bring it on. He don't need a hassle with an ass-hole Pam Thanks again and SORRY for the long story.......ignore me at will....................I got carried away with details but thought it mite help explain where we stand with all this.......kinda sorta [smiley=huh.gif] |
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Title: Re: Ass-hole trial worries Post by LeLimey on Aug 1st, 2005, 12:42pm Relax Cootie I don't think you have much to worry about. The only thing you CAN be questioned about is the accident and you didn't see it. If your decent froends lawyer wanted to use you as a character witness to prove your ex friend was a jerk (which he undoubtedly is) you can be sure as God made little gree apples that his lawyer would object so it wouldn't matter anyway. The only thing you need to worry about is that your "safe". You can't help your decent friend as you didn't see the accident so you don't have to put yourself in the position of wondering if you should or not and thats all thats important. I hope it helps. I hope that miserable waste of skin gets what's coming to him too Let us know how it pans out please Helen |
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Title: Re: Ass-hole trial worries Post by giffy76 on Aug 1st, 2005, 12:47pm Just make sure you're the first to fire-bomb. Shoot or be shot. I believe I know of this person you speak of and he would not be missed if he came up missing. I think you can get away with just being a character witness without actually having to testify but I'm no lawyer. and since you didn't actually see the incident chances are you wouldn't have to appear in court. |
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Title: Re: Ass-hole trial worries Post by Pinkfloyd on Aug 1st, 2005, 12:52pm on 08/01/05 at 12:42:27, LeLimey wrote:
I'm guessing you don't live in the United States ;-( Bobw |
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Title: Re: Ass-hole trial worries Post by Charlie on Aug 1st, 2005, 1:17pm Try to relax. A lot of the time these witnesses aren't called. They just want you coming to the court house just in case. When I was sub penised, a lawyer just jotted down some stuff he asked while standing in the hall and sent me home. Good luck but if you have trouble, tell him we know some nice guys in the leg breaking business. Charlie http://www.netsync.net/users/charlies/gifs/errorgun.gif |
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Title: Re: Ass-hole trial worries Post by LeLimey on Aug 1st, 2005, 1:17pm Bob is this your way of saying I'm not on your planet?! ;) Well its how it works here sorry! I'll shut up (yeah right!) |
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Title: Re: Ass-hole trial worries Post by sandie99 on Aug 1st, 2005, 1:59pm on 08/01/05 at 13:17:46, LeLimey wrote:
Helen, we'd miss you too much to let you shut up for real. ;) [smiley=hug.gif] |
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Title: Re: Ass-hole trial worries Post by sassy_lady on Aug 1st, 2005, 10:17pm call your friends lawyer, ask him right out, & then tell him your worries!! yet since you didn't see anything from the event, I really don't think you have anything to worry about.. he said, she said don't really happen in car events, & the lawyer if he's a good one will get the past stuff on these people his self, out of the court records, that will cover the type of people they are.. pfdan's to all!! |
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Title: Re: Ass-hole trial worries Post by cootie on Aug 1st, 2005, 10:41pm I'm not sure what 'takeing names' at a deposition means for the people they took the names of......course I wasn't involved with depositions what so ever. I was there where it happen'd tho and at the party. Am figurein both sides had to give FRIENDS names.....mite be a double indemnity for some of us.....do they want to talk to us or drag us into court or what. I don't know who the lawyers are involved. I know the one only takes cases he will win and works for free TILL they get there settlement. I don't want drug into ANY of it even tho I want my other freind free'd of all this. When people go bad Pam |
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Title: Re: Ass-hole trial worries Post by sassy_lady on Aug 1st, 2005, 10:47pm sorry, I'm tired, been at the hospital all day with one of my lady's, no family in town until today, Did u see the car hit the bike? |
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Title: Re: Ass-hole trial worries Post by cootie on Aug 1st, 2005, 10:58pm Two bikes collided. One was screwin around gonna do a burnout or sumthin dumb and the one in front stopped and actually pulled over in fronta the one goofin off to watch him. But he was a bit ahead of the one goofin off. The goofin off bike LURCHED forward and took off slammin the one in front. Was a dumb accident.....and dumb is the key word. But the guy was compinsated thru insurence. But now he wants MORE. Sue'rs want soles Pam I'm tired too and my back is KILLING me........... :P Thanks for the info guys.......jus not familiar with this type of CRAP and what they want with our names taken. |
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Title: Re: Ass-hole trial worries Post by kimmeesue on Aug 1st, 2005, 11:05pm Didn't I mention once before that you are a "nut magnet"? Where do you find these people? |
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Title: Re: Ass-hole trial worries Post by cootie on Aug 1st, 2005, 11:22pm Ha-ha-ha-ha......you got it kimmi.......I have only told ya bout HALF the nut bags I have met up with. It was a freak accident at an annual anniversary party at a campsite and I was midning my own business drinking beer and yukkin it up with my freinds when all this had to happen. Since we were freinds with both sides our names come up.....when ya know as many people as we do yer bound to find a few nuts layin along the highway. Weedin em out Pam |
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Title: Re: Ass-hole trial worries Post by Pinkfloyd on Aug 2nd, 2005, 12:42am on 08/01/05 at 13:17:46, LeLimey wrote:
I'm learning of the differences in the systems myself. I'm dealing with some barristers from London. Very interesting. My guess cootie, would be that you'd be much more important on the witness stand as a witness to past transgressions and as rebuttal to character witnesses, rather than being one yourself. So you might be put into a position of saying bad things about people rather than being asked to say nice things. Personally, I'd try very hard NOT to be put into that position. This fight is about money and isn't worth you worrying yourself sick about it or being put into a dangerous situation. You might very well be called to "rehabilitate" the bad guys reputation. Meaning, make him look better. Good guy's lawyer: So, Miss Cootie, we've heard testimony that Mr XXX is really a nice guy. Is that true? You: Well, ummm, well....<cough> no he isn't very nice. GG Lawyer: What evidence do you have to support that claim? You: Well, I know he spent 6 years in jail for beating a man to death. <gasp from the jury> Bad guy's lawyer: Hmm. Miss Cootie, so tell us. You knew my client had done this in his past? You: ummm, yes. BG Lawyer: So, you knew that and he was still your friend? You: well, ummm..... BG lawyer: Well, he was a good enough friend that you went camping with him after knowing this, did you not? You: Well, ummm....yes. But.....we were all.... BG Lawyer: Excuse me, that was a yes or no question and you've already answered it. So, you were willing to sleep in a tent, without any way to lock your doors, knowing he was around? You must have trusted him pretty well. You: Well....ummm. I guess...but I was with Br...... BG Lawyer: Excuse me.....There you have it ladies and gentlemen of the jury. Here is a person that knew of mr XXX's past and felt he had turned his life around and on the night in question, was a trustworthy person. ------- When people are suing for damages, the jury or judge must be able to trust the person suing, that he/she is telling the truth about the injuries. Trust and honesty are important. That is what much of the character witness questions would be about and you could end up being a punching bag (pardon the pun) between two lawyers. :( Bobw |
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Title: Re: Ass-hole trial worries Post by cootie on Aug 2nd, 2005, 9:59am Bobw.......you are reading my mind.......you got it.......what you said is EXACTLY what I am visualizeing that could happen. That us that hung out with the looser will make him look trustworthy and an inoscent bystander in all this. I can see him hobbleing into the court room now pretedning to be oh ho much in pain. And the look on his disfunctional family as they walk in with distraught on there faces cuz of all they have been thru. There BIGGEST family trauma was NOT gettin all that cash they expected the first time. Anyhow......we stopped hangin out with then over a year ago and told him if he tries to sue the friend (esp knowing this to be an extreme greed case not of need)...the freindship is over. And....so be it. The others still see them off and on but he hasn't told most what he is up to......all they know is he is telling freinds he is just takeing care of his family. Oh my....if you seen how they treated each other you'd peuk ! And the kid......and how he talks to his mom......geeze !! But yeah....I don't want to help his case nor do I want to bad mouth him in court and get him on MY CASE. Hell he'd go after me for slander when all is said and done and be wating for that to pan out and get rich. Problem is alot of people don't understand what bein 'called on' with this sort of case means or what to say or not say so they may HELP the jerk unknowingly like you said. I am tryin to get INFORMED before any of this happens. A clause in the jerks cause Pam Thanks again................ PS: One more question.....how does one avoid bein called up for the 'dark side' or what's the trick on wording things.....any ideas. I will speak for the good guy if I have to. Most of the freinds don't know many details on this guy.....since for a few years we got close we got informed and didn't like what we heard or seen for the duration yet we did have good times. It began to digress as he got ideas in his head about law suits. Then when the accident happen'd he played out his dream. So we walked. I don't trust the people and never REALLY have 100 %. But hangin with em long as we did mite not look good.....guess we are atracked to sumwhat dangerous folk at times when we are sure we can keep control of the situation and it doesn't effect us. But in the end......it just mite. Live and learn is a smart thing to 'live on' by. |
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Title: Re: Ass-hole trial worries Post by Karla on Aug 2nd, 2005, 11:21am Pam I am so sorry you are going through all this crap right now. You don't desearve this. I will be praying for your situation and that you wont have to testify. |
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Title: Re: Ass-hole trial worries Post by cootie on Aug 2nd, 2005, 11:41am Thank you Karla........it's not as if this is some sort of life or death situation but STRESS non the less......Brad's been havein problems with the heat and not feeling well and been EXTREMLY tired lately and has me worried. I have him a doc apt tomarrow and got him rite in. He got into a wierd "tired loss of ambition mode" last cycle and.....so......I am more worried about THAT and him haveing to go thru this trial crap "IF" we were to get drug into it.....both sides have the "SAME" friends.......if they was to call me up I'd keep forgetting the questions and they would get pissed and kick me off the stand. Unforgetable forgetfulness Pam |
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Title: Re: Ass-hole trial worries Post by Pinkfloyd on Aug 2nd, 2005, 12:54pm on 08/02/05 at 09:59:20, cootie wrote:
Well, if you get called for a deposition from the lawyer of the good friend, you could go and speak to him before the court recorder got there for an off the record "chat" and let them know your feelings and concerns. Stick to facts and less subjective items that can be argued. If you end up being called by the other side, for a deposition, the "good guy" lawyer should be there to protect you and object to any questions you don't want to answer. Most of these cases never make it to trial. Since its a civil trial and not a criminal trial, the court would most likely be less compelled to force anyone to testify if they don't want to, (unless it's OJ on trial) :-X Don't let any of them push you around. Don't be intimidated by the $1000.00 suits or the maple paneling. They may try to make you think they are in charge and have power over you during the deposition, when in all reality, you are the one with the info they want, and should enter into these discussions from a position of power. Part of the deposition's purpose is to see how you'd react under a courtroom setting and to see if they can push you around and get what they want from you. Be strong, be confident. You've overcome the beast...a couple lawyers are nothing in comparison. 8) Bobw |
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