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what's funny though is that the wife may have a case - the city did damage her vehicle and i think the city attorney was wrong trying to use family immunity since her suit is really with the city. you practice in this area lawdog?
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go broncos
share the sidewalk
liberty > safety . . . ron paul '12!
what's funny though is that the wife may have a case - the city did damage her vehicle and i think the city attorney was wrong trying to use family immunity since her suit is really with the city. you practice in this area lawdog?
No, I don't (especially since I don't "practice" anything yet, and that pesky bar exam looms in the near future), but...
The city atty's point is that since they are married, there is no distinction between them so it still comes down to the original case where the husband is trying to sue himself. The city's involvement is not one of primary negligence - only through respondeat superior are they responsible for the actions of one of their employees. (An exception would be if the city was somehow negligent in maintaining the truck, and the lack of maintenance was the cause of the accident with no negligence on the part of the driver - i.e. he did not know about the maintenance problem).
No, I don't (especially since I don't "practice" anything yet, and that pesky bar exam looms in the near future), but...
The city atty's point is that since they are married, there is no distinction between them so it still comes down to the original case where the husband is trying to sue himself. The city's involvement is not one of primary negligence - only through respondeat superior are they responsible for the actions of one of their employees. (An exception would be if the city was somehow negligent in maintaining the truck, and the lack of maintenance was the cause of the accident with no negligence on the part of the driver - i.e. he did not know about the maintenance problem).
oops, i thought the city atty was using family immunity to say that the wife couldn't sue the husband . . . in which case i was thinking it's really wife v. city. lack of reading comprehension - 1; mattos - 0.
sigpic
go broncos
share the sidewalk
liberty > safety . . . ron paul '12!
oops, i thought the city atty was using family immunity to say that the wife couldn't sue the husband . . . in which case i was thinking it's really wife v. city. lack of reading comprehension - 1; mattos - 0.
Seems to me it would come down to who's name is on the title of the car. If it's just her, she might have a case. In that a city worker did indeed damage her car, even though he's her husband.
However, if his name is on it, I feel they just got their 15 minutes of fame, and nothing more.
Seems to me it would come down to who's name is on the title of the car. If it's just her, she might have a case. In that a city worker did indeed damage her car, even though he's her husband.
However, if his name is on it, I feel they just got their 15 minutes of fame, and nothing more.
Not exactly how I want mine...........
In California, it doesn't matter. My understanding is that its community property
In california, it doesn;t matter. My understanding is that its community properyy
Zakly....
Now you gotta remember this is in California...so Jared, and Lawdog you know the drill...this clown claims the city truck was faulty and caused him to run over his own car because the car was ethnically different than the dump truck. Besides the dump truck probably has low self esteem because it is always having to haul dirt, and other junk. Therefore it was offended by the car and was justified in backing over it.
So the way this will probably work out is the guy and his wife will have to eat the damages on the car and pay for therapy for the dump truck.
Wait I think I hear banjos playing in the backgroud....
As the world changes rational people will change with it. Only the zealots, and fundamentalists resist change. God save us from them.
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