My question involves court procedures for the state of: WA
My questions are not so much about merits of the case but re procedural errors and the impact on reputation/identity search as a result. Is there recourse?
My son was involved in a minor car accident Nov '11 and I was named as a co-defendant because he was using the family car. He was cited for causing the accident, he contested that, and the court did not find him at fault.
There was a driver and passenger in each vehicle and all were transported to nearby hospital, evaluated, examined and imaged. Both driver and passenger of the other vehicle and my son's passenger were cleared and released with only bumps and seat belt bruises within two hours. My son had a cut on his chin and a concussion so he was treated and observed for about four hours before release.
Without specific notice from my USAA auto insurance provider, about six months after the collision I was served with a summons and complaint as co-defendant in a PI suit against my son who was then off at college. My son was not served. USAA had assigned a contract atty an easy drive from us. He has been barely communicative, kept me on a phone call .7 hrs which should have been .3 hrs, and did not invite us to his office to meet us and discuss the case. There was no air bag activation in either car and no significant injuries found by the ER doctors. Plaintiff brought a suit for subsequent hospital bills and pain & suffering against my son and me. Her passenger was co-plaintiff. That is fine, people do that, which is why we have insurance. The case moved slowly. The co-plaintiff passenger settled for personal liability limits and her claim was dismissed with prejudice. The Plaintiff atty just kept dragging along and missed dates to produce documents, etc.
About 1 1/2 years after her accident with my son, the plaintiff driver got into another car accident when someone backed into her on a side street. Plaintiff atty prepared a PI suit against that driver in Nov '14. Then atty realized about a week before the Statute of Limitations was going to run out on his suit against my son and me that he had never served my son (off at college still). Plaintiff atty then quickly dismissed claim without prejudice against us and bundled it with a suit against the driver in Plaintiff's subsequent accident (resetting a new statute of limitations in the process). My son and I became co-defendants in the new case# with a third party stranger (who is a felon). My son was served Dec '14 for the first time.
This time I was not personally served (as I had been for the previous case#). I am unclear if our USAA contracted atty legally accepted service for me for the new case. He mailed me a copy but it was never served on me personally. My son had to take time from studying to fill out a new set of Interrogatories in spite of the fact that not a single thing had changed pertaining to the collision he had been in with Plaintiff, only because there was now a new case# and a subsequent collision involving the accident prone Plaintiff.
More foot-dragging. Our USAA assigned atty told us not to worry, they would settle within both of our limits and for $50K total through arbitration and a date was set. Prior to arbitration, Plaintiff atty came to realize that new defendant actually had $100K limit with American Family instead of $50K. Accordingly, plaintiff's pain & suffering jumped rather suddenly. Arbitration was cancelled (can't arbitrate for over $50K) and trial was set so that Plaintiff could try for $100K or more award in settlement or jury trial). More foot dragging.
Without any explanation or prior notice from our USAA atty, in Jul '15 Plaintiff atty had claim against me dismissed with prejudice. Maybe Plaintiff atty thought that I might not present well to a jury for his purposes, I don't know. I am a disabled US veteran on fixed income and I suffered a moderately severe permanent brain injury 15 years ago due to a property owner's clear negligence. The only assets I have are award from my PI lawsuit.
This has been a very stressful ordeal for me and my family. My question is this: In spite of a 7/24/15 court order by which the claim against me was dismissed with prejudice I am still shown as co-defendant in six pleadings; most recent March '16. According to what the pleadings state I have a trial date set for Sept '16 and Settlement Conference set for June '16. I realize that it is likely due to "clerical error" yet I believe the lawyers who have signed the documents are responsible for them. Do I have recourse in any way via court rules re identity/reputation damage to me personally since an internet search reveals that I have been a def in two tort motor veh cases, one case filed in 2012; one in 2014 (now with a felon co-defendant). There has been sloppiness in general from both the USAA def atty and Plaintiff atty from day one. My son and I have put up with a lot of undue stress. We don't even know what our USAA contracted atty looks like. We have never met him. I would welcome an opportunity to show my appreciation for the mistreatment.
It seems so bungled and haphazard. Is this normal practice in law these days? I don't care about a Bar complaint shoulder shrug. I want to know if there is law that applies re Dismissal. I there a loop-hole opportunity we could use to end this nonsense?
My questions are not so much about merits of the case but re procedural errors and the impact on reputation/identity search as a result. Is there recourse?
My son was involved in a minor car accident Nov '11 and I was named as a co-defendant because he was using the family car. He was cited for causing the accident, he contested that, and the court did not find him at fault.
There was a driver and passenger in each vehicle and all were transported to nearby hospital, evaluated, examined and imaged. Both driver and passenger of the other vehicle and my son's passenger were cleared and released with only bumps and seat belt bruises within two hours. My son had a cut on his chin and a concussion so he was treated and observed for about four hours before release.
Without specific notice from my USAA auto insurance provider, about six months after the collision I was served with a summons and complaint as co-defendant in a PI suit against my son who was then off at college. My son was not served. USAA had assigned a contract atty an easy drive from us. He has been barely communicative, kept me on a phone call .7 hrs which should have been .3 hrs, and did not invite us to his office to meet us and discuss the case. There was no air bag activation in either car and no significant injuries found by the ER doctors. Plaintiff brought a suit for subsequent hospital bills and pain & suffering against my son and me. Her passenger was co-plaintiff. That is fine, people do that, which is why we have insurance. The case moved slowly. The co-plaintiff passenger settled for personal liability limits and her claim was dismissed with prejudice. The Plaintiff atty just kept dragging along and missed dates to produce documents, etc.
About 1 1/2 years after her accident with my son, the plaintiff driver got into another car accident when someone backed into her on a side street. Plaintiff atty prepared a PI suit against that driver in Nov '14. Then atty realized about a week before the Statute of Limitations was going to run out on his suit against my son and me that he had never served my son (off at college still). Plaintiff atty then quickly dismissed claim without prejudice against us and bundled it with a suit against the driver in Plaintiff's subsequent accident (resetting a new statute of limitations in the process). My son and I became co-defendants in the new case# with a third party stranger (who is a felon). My son was served Dec '14 for the first time.
This time I was not personally served (as I had been for the previous case#). I am unclear if our USAA contracted atty legally accepted service for me for the new case. He mailed me a copy but it was never served on me personally. My son had to take time from studying to fill out a new set of Interrogatories in spite of the fact that not a single thing had changed pertaining to the collision he had been in with Plaintiff, only because there was now a new case# and a subsequent collision involving the accident prone Plaintiff.
More foot-dragging. Our USAA assigned atty told us not to worry, they would settle within both of our limits and for $50K total through arbitration and a date was set. Prior to arbitration, Plaintiff atty came to realize that new defendant actually had $100K limit with American Family instead of $50K. Accordingly, plaintiff's pain & suffering jumped rather suddenly. Arbitration was cancelled (can't arbitrate for over $50K) and trial was set so that Plaintiff could try for $100K or more award in settlement or jury trial). More foot dragging.
Without any explanation or prior notice from our USAA atty, in Jul '15 Plaintiff atty had claim against me dismissed with prejudice. Maybe Plaintiff atty thought that I might not present well to a jury for his purposes, I don't know. I am a disabled US veteran on fixed income and I suffered a moderately severe permanent brain injury 15 years ago due to a property owner's clear negligence. The only assets I have are award from my PI lawsuit.
This has been a very stressful ordeal for me and my family. My question is this: In spite of a 7/24/15 court order by which the claim against me was dismissed with prejudice I am still shown as co-defendant in six pleadings; most recent March '16. According to what the pleadings state I have a trial date set for Sept '16 and Settlement Conference set for June '16. I realize that it is likely due to "clerical error" yet I believe the lawyers who have signed the documents are responsible for them. Do I have recourse in any way via court rules re identity/reputation damage to me personally since an internet search reveals that I have been a def in two tort motor veh cases, one case filed in 2012; one in 2014 (now with a felon co-defendant). There has been sloppiness in general from both the USAA def atty and Plaintiff atty from day one. My son and I have put up with a lot of undue stress. We don't even know what our USAA contracted atty looks like. We have never met him. I would welcome an opportunity to show my appreciation for the mistreatment.
It seems so bungled and haphazard. Is this normal practice in law these days? I don't care about a Bar complaint shoulder shrug. I want to know if there is law that applies re Dismissal. I there a loop-hole opportunity we could use to end this nonsense?
Dismissal: Court Order Dismissed Me As Co-Defendant but New Pleadings Still Name Me for Trial
Aucun commentaire:
Enregistrer un commentaire