Friday, May 22, 2009
Wednesday, May 20, 2009
Today i helped on a deposition which is a sworn statement given under oath and questioning by an attorney. The deposition had a stenographer at one end of the table and the lawyer from the other side on one side.and Mr. Stanton on one side of a long table with the City employee next to him. The lawyer asked question about a vacant lot in the City and the City worker who was a department head had to answer the questions truthfully. What i noticed was that the City worker only answered the question asked and never elaborated on it. The lawyer told me that is important because if you try and do more than the question asked you usually say something you regret. The Deposition took about an hour and the lawyers were respectful to each other but during the deposition they often said things on the record to preserve their rights.I helped in preparing the witness, drove to the deposition and reviewed when we got back.
Tuesday, May 19, 2009
Today I worked on a case where a person slipped and fell while getting out of her car in a vacant lot that the City owns. the City';s position is that she should not have been trespassing on City land and they ares responsible. However, the woman claims that the area was plowed and that she thought it was a parking. The City does not plow the property because they don't use it. the city attorney suspects that someones plowed the lot ( restaurant owner in the area) and allowed his customers to Park there. In any event the City will not pay the claim even thought the woman broker her arm. i had to review pleadings and discovery that the parties had exchanged.
Monday, May 18, 2009
Today was sort of an interesting day. There was a claim that came in from a woman who claimed her tire went flat as the result of hitting a staple that was in a area of the road that the city had just opened up to fix a pipe in the ground and then covered up. The claim is that a staple in the road must have washed into the area that the city put a gravel patch in and then punctured her tire. The City denied the claim because the crew that dud the hole, fixed the pipe, and then backfilled in never had any staples on them. The city also has to put a temporary patch in first and have the soil compacted first before they pave it over. If they pave it over first the blacktop will sink. So it looks like the City was not negligent and they did not pay the claim. The other thing I worked on was a letter to help the city collect on unpaid taxes. It was complicated but people that don't pay the taxes on their homes have the city file a notice that tells anyone that tries to buy the house that the city is owed money and the City's tax bill must be paid first.