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- Newsgroups: misc.legal
- Path: sparky!uunet!gatech!darwin.sura.net!zaphod.mps.ohio-state.edu!cs.utexas.edu!sun-barr!ames!elroy.jpl.nasa.gov!ufo!hayduke!nancy
- From: nancy@hayduke (Nancy Feagans)
- Subject: Divorce, bankruptcy, accident, liability...
- Message-ID: <1992Dec22.180830.8833@jpl-devvax.jpl.nasa.gov>
- Sender: usenet@jpl-devvax.jpl.nasa.gov (For NNTP so rrn will be able to post)
- Nntp-Posting-Host: hayduke
- Organization: Jet Propulsion Laboratory (NASA)
- Date: Tue, 22 Dec 1992 18:08:30 GMT
- Lines: 60
-
- It seems as though my brother has become an innocent victim
- of our legal system. Here's what happened:
-
- - He left his wife in Feb. 1990, and filed for divorce 6 months
- later. She wanted their '77 Mercedes; he took the Mazda van.
-
- - When the insurance came up for renewal in late '90, he informed
- her - verbally and through the insurance company - that she must
- take out her own policy for the Mercedes. She never did.
-
- - The divorce was final Jan. 3, 1992.
-
- - On January 27, she made an illegal left turn in front of a
- motorcyclist; he was killed.
-
- - No drugs or alcohol were involved, so she lost her license for
- 3 months; there was no fine, and no jail time.
-
- - The case came to court last August. She was found guilty of
- "misdemeanor manslaughter" and ordered to provide 240 hours of
- community service, plus her license is restricted to driving to
- work and back only.
-
- - She spent *all* of her monetary divorce settlement on attorney's
- fees - in excess of $30,000. She literally has zero assets except
- for some household furnishings.
-
- - The family of the deceased filed a lawsuit naming her *and* my
- brother. Why him? It turns out that she never reregistered the
- Mercedes in her name after the divorce. His name was still on
- the title.
-
- - When she heard about the lawsuit, she promptly filed for
- bankruptcy. So the plaintiffs come after my brother.
-
- - After months of going back and forth between their attorney
- and his attorney, they (the plaintiffs) are willing to settle
- for $14,900. from my brother.
-
- - The kicker is, both his attorney and another attorney he checked
- with told him that if he decides to go to court and fight this, he
- will most probably lose, plus accrue several thousand more in legal
- fees. They told him that bottom line: he is the only one the
- family can go after, and as the amount of $14,900 is less that the
- maximum dollar amount they could go for in a case like this ($16,000)
- the court would, in all liklihood, find for the family of the
- deceased.
-
- One last thing: my ex-sister-in-law hates my brother so much that
- she is willing to do anything she can to stick it to him. Well,
- having to come up with that kind of money will just about do it.
-
- So.... any words of advice from the net? Could there be any
- recourse for him? Thanks in advance.
-
- --
-
- Nancy J. Feagans (818) 306-6423
- Jet Propulsion Lab nancy@jpl-devvax.Jpl.Nasa.Gov
- "Not a shred of evidence exists in favor of the idea that life is serious."
-