Posted on 11/15/2004 6:17:15 PM PST by RaceBannon
Edited on 11/15/2004 11:12:31 PM PST by Admin Moderator. [history]
I am being sued for something that happened at the December 2000 Freep of Joe Lieberman.
JimRob has allowed me to hold an internet fundraiser to help defray the costs of my lawyers fees.
I am broke and thousands of dollars in debt, and depending on how much I can collect here, I amnot sure if I can continue or work to sign a mutual release if offered.
Right now, we have ended the discovery phase, and are awaiting the deposition of the man who accused me of assaulting him that day.
That charge is a lie.
The following story below is my short account of what happened that day.
She does!!! What is her poster name?
Hi race, never knew you were in any trouble, 'till tonight. I'll be sending you something, as soon as I can. I don't get paid 'till the end of the week.
Prayers for you. This is just wrong.
I'll send what I can in snail mail tomorrow. With it comes a prayer for everything to turn out ok for you.
According to his initial statement, he didnt need to go to a doctor at all.
It was fear or something like that.
My bad regarding the gift tax. You guys were right about it being tax free to the one receiving it.
Great idea, AV! Darn, I used to know Michelle's hubby's screen name, but I forgot it. Can you help Cacique, Race or Raoul?
What are the alleged injuries? What is he claiming? How much has his medical bills/expenses come to?
He does.
A very big A M E N ! ! ! to that Kayak!
"Jim,
Have you thought about getting a PayPal account or something like that? That way we can give over the net with our credit/debit cards."
BRILLIANT! That way, I can send some money from Australia!
If you have concrete proof this maggot was in the back of your truck, why don't you file a counter suit?
Will you keep us posted? I am sure I can speak for most freepers, that we will continue to help you as long as needed. If everybody just didn't go out and rent that blockbuster video and send to you instead... the numbers would add up to alot.
If you have a lawyer, he can find out very quickly if this guy is alleging injury/ what type of injury, and the extent/cost of medical treatment.
Glad to know that.
Still, I'd like to see Bannon bury this worthless, pandering SOB under a wave of credible witnesses just for good measure.
Also present the IRS the info I've read posted concerning the good Reverend's activity v.s. his tax extempt status.
Finally?
...sue him for the legal expenses.
Do us all a favor and "put the wood" to this SOB.
Keep the faith - we're praying for ya.
/jasper
"The trucks are on the way....and the check is in the mail!!" Semper Fidelis!!
How about Howie Carr, too - he's always using Free Republic for show prep!!
Anybody know his screen name??
Okay, it seems obvious to me that many of you have a fundamental misunderstanding of how the civil justice systems works.
First of all, you can't appeal to some third party to intervene and stop a lawsuit that's been filed against you just because you claim it is frivolous. I don't know why so many people think it works that way, but the fact is it doesn't. Perhaps people want to reassure themselves that there is some extra-judicial safeguard against being wrongfully sued. Would be nice if there was. But there is not.
Second of all, you can't get a case dismissed by just saying, "oh, hey, Judge ... this case is bogus. None of what he's saying is true. Here's what really happened." You can't get a case dismissed that way regardless of how persuasive or brilliant your answer is, how many people rush to your defense, or how many exclamation points you put after your version of events. You could file affidavits from a dozen nuns, the Attorney General, and the Plaintiff's own mother. It doesn't matter. If the other side can produce any evidence--any at all, even if it is just the first-hand testimony of the plaintiff himself, as long as that testimony, if true, would establish the material elements of the claim, then it is virtually impossible to avoid going to trial. This means that if you are walking down the street and Joe Litigant, local troublemaker, bumps into you (or not), he can file suit, claim you punched him in the face, and as long as he is willing to say it under oath, it is up to a jury to decide. Of course, he is not SUPPOSED to be able to make stuff up, and he won't necessarily persuade the jury to side with him, but you can't stop a lawsuit merely by saying, "Judge, he's just making this up. Please dismiss because here's how it really happened." Different jurisdictions have different standards, but the general rule is that if there is a dispute of material fact as to what occurred (or even if anything occurred), it is up to the ultimate finder of fact to decide what happened. That's usually a jury. That's the scary thing about our system. You better believe the other side's lawyer is going to be trying to get the kind of people most likely to hate your guts on that jury.
I just thought I'd post this because poor RaceBannon must be sick of people saying things like, "hey, I'm sure you can just get this dismissed if you talk to the D.A." [or the Judge, or the State's Attorney's Office, or the Police, or the F.E.C., or the Rotary Club]. It just doesn't work that way. If this guy is willing to state under oath that Race grabbed him by the throat, then a jury will likely be the ones who decide if that's true and if it is, whether he should be compensated for it. The picture probably hurts Race more than it helps. It shows Race had his hands on him. It doesn't matter how innocuous it actually was. The guy'll just say Race grabbed his throat right after that photo was shot. My point is, he needs money to pay his lawyer, not advice.
And I'm sending him something myself, in case you're wondering.
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