Crime victim now being sued by his assailant, may have to pay

Oregon Live ^ | 10/24/2009 | Aimee Green

[Saije]

Tremayne Durham still wants his money back.

Three years ago Durham killed one man and held another hostage in an unsuccessful attempt to get back $18,000 he thought he was due. He is now serving a life sentence in the Oregon State Penitentiary, but he hasn't given up trying to collect. Today, he's using the courts instead of a .357 magnum -- and so far, he's having more success.

Durham has filed suit in Multnomah County Circuit Court against Rob Chambers, whom he paid nearly $18,000 to build a soft-serve ice-cream truck in December 2005. Durham changed his mind a few months later and when he couldn't get a refund, killed one of Chambers' former employees. Later he showed up at Chambers' house and jabbed a gun in his stomach and held him hostage for two hours.

Durham was sent to prison last year. He filed his neatly handwritten suit in February, seeking money for the truck and an extra $20,000 to cover, among other things, the cost of traveling from his home state of New York to Oregon in his personal collection attempt.

In Multnomah County, civil suits under $50,000 are automatically sent to an arbitrator to resolve. The arbitrator assigned to this case issued a draft ruling earlier this month in Durham's favor because Chambers failed to respond to repeated letters requesting he participate in hearings.

Now, Chambers says he feels victimized all over again.

Chambers, who doesn't have the money to hire an attorney, says he never got the letters and thought the case had been dismissed.

"He's terrorizing me," said Chambers, 39. "...That's the good ol' American way: He can sue me. I'm just amazed that they would even see this case."

[Saije]

Bizarre. At least he's not including the cost of the bullets used to shoot the employee.

[Greysard]

whom he paid nearly $18,000 to build a soft-serve ice-cream truck in December 2005. Durham changed his mind a few months later and when he couldn't get a refund

It's quite possible that the manufacturer (the victim) already purchased the vehicle and the materials for the custom work (why he'd be doing nothing for a few months?) Often contracts on custom work cannot be canceled with full refund; they are usually stopped and monies retained for the costs incurred by the stop date.

It looks like Mr. Durham just tries to keep himself busy with something, since he now has plenty of time. But the victim should not become complacent - legal attacks could be just as bad as physical ones. A good lawyer not only will have this suit dismissed, but will file a countersuit for damage done to victim's business.

[2harddrive]

The Red Chinese bill the surviving family members for the cost of the bullets they use to execute their prisoners!

[JrsyJack]

In Multnomah County, civil suits under $50,000 are automatically sent to an arbitrator to resolve. The arbitrator assigned to this case issued a draft ruling earlier this month in Durham's favor because Chambers failed to respond to repeated letters requesting he participate in hearings.

Seems to me that Durham's right to legal remedy ended when he stuck a .357 in Chamber's stomach...but that's just me.

[colorado tanker]

Yes, he is entitled to a remedy. Assault is not just a criminal charge, there is a civil cause of action for damages. The civil equivalent of kidnapping is false imprisonment, which also carries a damages remedy. The problem here is the guy didn't respond to the lawsuit. He could easily have countersued and probably would have gotten a bigger judgment against the perp that the perp would get.

Most people don't bother to sue the perp in civil court because they have no assets.

[JrsyJack]

Probably but he should have gone down that path before resorting to murder, kidnap, assault and attempted murder. To seek a civil remedy now is an affront to our legal system.

[colorado tanker]

If the judge is any good he/she will probably figure out a technicality to see justice is served. Still, had the guy done anything, even write the judge a letter explaining his story, he would have made it a lot easier to see the right thing is done.

[VOA]

“Bizarre.”

Not in Oregon.
Or California, Washington State or other liberal NUTBURGER enclaves
throughout the USA.

In those areas, being “disrespected” is a valid basis for suing and
winning a settlement against a victim.

In most parts of “Flyover Country”, especially the southern end of it
in Oklahoma, Texas, Louisiana, this crazy Bravo Sierra doesn’t fly
with juries very often.

[PAR35]

I’d start by attacking the constitutionality of the arbitration statute. The arbitrator might change his mind if it starts looking like he’ll have to work for a living.