Jump to content

pg1067

Members
  • Content Count

    56,158
  • Joined

  • Last visited

  • Days Won

    154

Reputation Activity

  1. Like
    pg1067 got a reaction from juliano fernandes in Juliano Fernandes needs advice   
    Protect it from what?  What does "extra warranty" mean?  It implies that you already have a warranty and are considering some sort of additional warranty.  Is that right?  Rather obviously, whether any sort of "extra" or additional warranty is or isn't a good idea depends on what the existing warranty covers (which you didn't tell us), what additional coverage the "extra warranty" will provide (which you didn't tell us), and what concerns you have about the car (which you didn't tell us).  This post also does appear to raise any legal issue.
  2. Like
    pg1067 reacted to adjusterjack in Served with court summons paperwork ONE day after 14-day eviction notice for non-payment?!?   
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice.
     
    Eric, am I right about that?
     
    If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature.
     
    If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help.
     
    Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  3. Upvote
    pg1067 reacted to adjusterjack in Diving Accident   
    Good luck with that.
     
    Have you received your Darwin Award yet?
  4. Like
    pg1067 got a reaction from MediocreGolfer in Are police automatically called on near-drownings?   
    When you respond to quotes, please don't add text into the quote boxes.  It makes it difficult for readers.
     
     
     
    That all makes sense.  Those types of wounds are far more likely than not to result from criminal type activity.  Especially in states on the ocean or with significant lake shores and rivers, accidental "near drownings" probably happen with a fair amount of frequency, and reporting and investigating every one would probably impose significant burdens on hospital/EMT personnel and police.
     
     
     
    I agree.  No one is going to say, "well....this otherwise excellent novel is marred because there is a near drowning without the police being called."
  5. Like
    pg1067 got a reaction from Tax_Counsel in Diving Accident   
    Sure it would have, but the question will be whether it was a reasonable option.  I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do.  And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water.  Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned?  Making the darn thing 8-feet deep would be far more likely to result in injury or death.
     
    I'll bottom line it:  if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  6. Like
    pg1067 reacted to PayrollHRGuy in Diving Accident   
    Then I believe you are done with any chance for a lawsuit.
     
    Title VIII
    LIMITATIONS Chapter 95 
    LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: (1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.— (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (5)(h). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.— (a) An action founded on negligence.
  7. Like
    pg1067 got a reaction from MediocreGolfer in Are police automatically called on near-drownings?   
    Just for clarity's sake, my opinion isn't any better or worse than any other anonymous stranger's opinion.  With that said, I think what you're wondering is whether, regardless of the circumstances (including where the events take place), would a lifeguard or paramedics or hospital personnel call the police.  The answer to that is absolutely and unequivocally no.  The only reason to contact the police would be (1) if a crime were suspected; or (2) some law requires it.  There are lots of circumstances in which a boy might "nearly drown" without any reason to suspect a crime.  I'd be curious to know why the person in your writers' forum believes that the police would "have to be involved."
     
     
     
    To the best of my knowledge, the only time mandatory reporting is required is if the crime suspected is domestic abuse.
     
     
     
    There is no absolute rule that applies everywhere in the U.S. and regardless of circumstances that would require this.
     
     
     
    Concur.
  8. Like
    pg1067 got a reaction from MediocreGolfer in Are police automatically called on near-drownings?   
    What does "automatically called" mean?  Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"?  Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  9. Like
    pg1067 got a reaction from Jrutland in Third offense driving under suspension in South Carolina   
    This South Carolina attorney's article appears to explain the law fairly well.
  10. Upvote
    pg1067 got a reaction from PayrollHRGuy in Are police automatically called on near-drownings?   
    What does "automatically called" mean?  Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"?  Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  11. Like
    pg1067 reacted to PayrollHRGuy in Death of CHP officer by intoxicated driver   
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  12. Like
    pg1067 reacted to LegalwriterOne in Death of CHP officer by intoxicated driver   
    What he is booked for doesn't mean anything.  It's the DA's office that files charges, not the cops.
  13. Like
    pg1067 reacted to RetiredinVA in Death of CHP officer by intoxicated driver   
    I was speaking as a realist.  According to Wikipedia, at present there are 744 people on death row in California but the last execution was in 2006.
  14. Like
    pg1067 reacted to adjusterjack in Abandonment   
    If you are a landlord and you waited 8 months to ask this question, you have no business being a landlord.
  15. Like
    pg1067 reacted to MiddlePart in Disqualifying candidates based on geography/region   
    Under federal law, it is generally OK to take those things into account in making a hiring decision.
    Those categories are not among the categories that federal discrimination law protects.
     
    Although you'd want to be careful that discriminating against candidates who apply from dissimilar climates/regions doesn't cross the line into national origin discrimination, which is unlawful at the federal level. 
     
     
  16. Like
    pg1067 reacted to PayrollHRGuy in Violation of home detention on a suspended sentence   
    See. You know more about the judge than anyone on this forum.  Lawyers local to you will know even more.
  17. Upvote
    pg1067 got a reaction from PayrollHRGuy in 3rd degree retail fraud   
    This article, published by a Michigan law firm, seems to do a good job discussing Michigan shoplifting laws.
     
    One additional point:  If you were shoplifting in 2011 and again in 2019, most folks are going to assume that you were also shoplifting during the intervening time and simply avoided getting caught.
  18. Like
    pg1067 reacted to RetiredinVA in Violation of home detention on a suspended sentence   
    There is no way to predict the outcome without being familiar with the sentencing judge's practices and policies.  Any of the options you mentioned are possible.
  19. Downvote
    pg1067 got a reaction from Chris W. in Trying to get out of lease, unsafe environment   
    No.
  20. Like
    pg1067 reacted to PayrollHRGuy in Possible unlawful firing for teacher who speaks out against racism   
    You are a special ed math teacher.  How about you teach math.
  21. Like
    pg1067 got a reaction from Mommytothebest in Serving Paperwork   
    Mailing the papers to you is serving them.  Once parties have appeared in a case, service can generally be done by mail.
  22. Like
    pg1067 got a reaction from FindLaw_JY in Kroger don't pay me for my expenses for my interview   
    What would possibly make you think this has anything to do with the Americans with Disabilities Act?  Certainly your post provides no reason to think it has anything to do with it.
     
    If the company agreed in advance to pay the $150 in expenses associated with your interview and hasn't done so, you're free to sue in small claims court.
     
     
     
    You missed one -- in the second e-mail quoted in the original post.
  23. Like
    pg1067 reacted to FindLaw_JY in Kroger don't pay me for my expenses for my interview   
    Yes, I've removed names, phone numbers, addresses, and email addresses from the OP. Please continue the discussion. 
  24. Upvote
    pg1067 got a reaction from cbg in Diving Accident   
    Sure it would have, but the question will be whether it was a reasonable option.  I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do.  And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water.  Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned?  Making the darn thing 8-feet deep would be far more likely to result in injury or death.
     
    I'll bottom line it:  if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  25. Upvote
    pg1067 got a reaction from PayrollHRGuy in Diving Accident   
    Sure it would have, but the question will be whether it was a reasonable option.  I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do.  And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water.  Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned?  Making the darn thing 8-feet deep would be far more likely to result in injury or death.
     
    I'll bottom line it:  if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
×
×
  • Create New...