View Single Post
 
Old Oct 22, 2011, 06:34 PM
Open Eyes's Avatar
Open Eyes Open Eyes is offline
Legendary Wise Elder
 
Member Since: Mar 2011
Location: Northeast USA
Posts: 23,288
lad07,
The point is that if they are not held responsible, that will mean that they will know that they can get away with trespassing and causing damage and they will become more negligent.

I came home from work today and my husband had left already and there was about an hour where we were both not home, neighbors were, pony lose again, out of a chained fence. What do you think they will do if I walk on the suit. And the people we are suing have money and realestate.

No, I am not going to walk on this, it is not costing me anything but time. Ofcourse I have no choice but to pay on the debt these people caused me to have and I have to continue to care for the damaged animals. But it is because of people like me standing their ground that there are now laws that protect livestock owners from others who damage their livestock, even people who own dogs. So the other thing is that if my case wins there will be another one on the books of record. I look at the big picture and what it means. Either I just let someone walk on my life and really damage it or I fight back.

And Rose, there are two insurance companies because the father, who installed the fence owns both properties and I had many conversations with him.

As far as my attorney goes, I think he is just old and forgetful and these cases are paid out upon settlement. And who knows if he will be able to practice law and even be alive to finish this. And the reason why other attorneys don't want to take the case is because they would have to negotiate with my attorney a cut of the settlement because my attorney by contract is owed 1/3 of the settlement if the case gets settled. Who would want to take that on and also deal with my attorney whom they all know as a well established attorney. It is not like they know his condition or ability now, he was successful and highly respected for many years.

Personally, I think that I am not his only client and he gets overwhelmed and he forgets, honestly. And I would not be surprised if I was not the only client that might not be happy. And also in the last year the firm has disolved and he celebrated a reunion and he had a lot of self absorbed personal issues on his mind. I could tell that in my deposition, he embarrassed me, I was surprised at his off the record conversations that took up time that should have been given to completeing my deposition. He actually surprised me with his behavior and choice of conversation during my deposition, and the opposing attorney didnt care either and I was embarassed.

I am still waiting for a new deposition date. And I am going to start calling him and bugging him, although with him, he just gets angry.

I am also going to find out who I can talk to at the court house about this situation too. And I want to mention that both attorneys for Father and daughter were at my daughter's deposition, if this was not a good case and a threat, I don't think they would be all that interested. There is a definite time line and I have all the veterinary records to prove it, if I was in a jury I would clearly see that. This is not one animal and the injuries are too similar, there is too much for just coincedance and all animals were seen and proven sound and healthy before the time line of thier fence malfuctioning and they do have a history of not watching their animals. And they stupidly have a history during the case of trespassing on my property and admitting to the police that they tore down my no trespassing sign, how stupid they are. Honestly they are for some reason wanting to just trespass on my land.

I have to use the law to establish my rights to my land and my property. I have that right and they clearly did not want to respect that right. If I win my case and they do anything else, they will already have a record. If they are angry at me for holding them accountable, well, they were the neglegent ones not me.

The opposing side scheduled depositions, it was my attorney that did not inform me and cancelled the last minute. This is what bothers me because it sends the wrong message to the opposing side. My attorney just simply forgot the depositions. Oh I wish I could find out from the opposing side how often my attorney has done this. And before I did my deposition my attorney told me it was only going to be about another six months. And he now has no time line, which confuses me.
I wonder if my attorney has made errors. Even in my deposition he had to put on the record that he made a mistake in the filing of information he had to correct that he said it was because the neighbor's dog was barking and it wasn't barking, it was chasing, made me wonder if he read my story of occurance. At least that is on the record.

What gets me is that I am fighting the neighbor who I am positive was negligent by their own admission and now my own attorney, I am not doing anything wrong, this should not be going on and on. Ok, I was going to get a letter written to my own attorney and then a deposition was scheduled. So now, I don't know what to do, what does the opposing side think, surely they can see my attorney is not doing his job, that doesn't look good for me. Everywhere I look it doesn't look good for me and I have never done anything wrong. I feel like I am in the twilight zone.

None of this was my fault. And what do I do blow it all up and then it even is postponed longer?
I am not sure what to do. Yes, I see the advice, and I am beginning to think I have to get helpI .
I was hoping that by getting the deposition done I would get back on track but now the other side is postponing. And for all I know my neighbor could be pushing for this to get settled too and they are pissed that it is taking so long, I don't know what is going on on their end. And I certainly don't want to be blamed. What a mess this is becoming. I don't know what the opposing side thinks, and I certainly cant call them. I honestly feel like I can't trust anyone to do their job. It is crazyness to me.

Open Eyes

Last edited by Open Eyes; Oct 22, 2011 at 07:24 PM.