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-   -   Do I have a case?can I sue (https://www.askmehelpdesk.com/showthread.php?t=129161)

  • Sep 13, 2007, 10:21 AM
    dumbo22
    Do I have a case?can I sue
    Okay so here's the case I broke a bone in my wrist 2 weeks ago and was put on case to prevent further injury aka.. surgery.. I went back to hospital today to get a check off I been of work for 3 weeks.. turns out I need to get surgery. From surgey I have 6 weeks off unpaid.. because my work a bunch of cheap you know what's.. than 3 to months heal time on light dutys I don't have lite duties its all labour.. I'm wondering if I can sue this one person and here's the story.. I was drunk and I sat on this chicks hood as a joke while it wasn't moving.. while I was sitting on it she thought it be funny to rip up to 15 kms and turn. I flew off the car put my hands out to prevent me from hitting my head and broke my wrest.. here's the thing me and my friend both drunk and the 2 girls driving were sober. I was wondering if I have a case rather than going to the firms and looking like an idiot thank you for your time
  • Sep 13, 2007, 10:38 AM
    JAMIET
    Quote:

    Originally Posted by dumbo22
    okay so heres the case i broke a bone in my wrist 2 weeks ago and was put on case to prevent further injury aka.. surgery.. i went back to hospital today to get a check off i been of work for 3 weeks.. turns out i need to get surgery. from surgey i have 6 weeks off unpaid.. because my work a bunch of cheap u know whats..than 3 to months heal time on light dutys i dont have lite duties its all labour.. im wondering if i can sue this one person and heres the story.. i was drunk and i sat on this chicks hood as a joke while it wasnt moving.. while i was sittin on it she thought it be funny to rip up to 15 kms and turn. i flew off the car put my hands out to prevent me from hitting my head and broke my wrest.. heres the thing me and my friend both drunk and the 2 girls driving were sober. i was wondering if i have a case rather than goin to the firms and lookin liek an idiot thank you for ur time

    I would think you could sue, since that was wreckless of her to move a car knowing you're on the hood. Since she was sober, she can't say she didn't know what she was doing. Basically she endangered your well being.
  • Sep 13, 2007, 11:52 AM
    shygrneyzs
    So you are saying that even though you were drunk, you are not responsible for what happened to you. Isn't it always someone else, something else, that causes all our woes and sorrows and we NEVER are to blame for being foolish.

    That being said, sure, take your claim to an attorney and see what happens.
  • Sep 16, 2007, 10:21 AM
    s_cianci
    You probably do have a case. Even though your own indiscretion contributed to your injuries, that really has no legal bearing. You can file a lawsuit and see what comes of it. Be sure to document your losses and damages.
  • Sep 16, 2007, 11:04 PM
    dumbo22
    Damges that I have is broken wrist with surgey 6 weeks off no pay.. 3-4 months heal time with light dutties my work has no light duties so I probably lose my job
  • Sep 17, 2007, 05:33 AM
    ScottGem
    If you were sitting on a car's hood and the driver started the car moving while you were doing it, that would be negligence and you would have a case against the driver. Contact a solicitor.
  • Sep 17, 2007, 08:46 PM
    froggy7
    Quote:

    Originally Posted by ScottGem
    If you were sitting on a car's hood and the driver started the car moving while you were doing it, that would be negligence and you would have a case against the driver. Contact a solicitor.

    Unless, of course, the person who was driving can claim that she felt threatened. If some drunk guy was just sitting on the hood of my car, that's one thing. If he's sitting on my car and being obnoxious (sexual comments, aggressive gestures, etc.) and I feel like my safety is in danger, guess what? I'm going to do what it takes to remove myself from that situation. And if he gets hurt in the process, well, that's something he should have thought of before he started it.

    And as a non-drinker that has been around some serious drinkers, I will point out that what seems like "fun" to the drunk is often not all that amusing to a sober person.

    Just pointing out that there may be more to this story than what the OP thinks, and a likely defense that the driver may use.
  • Sep 17, 2007, 09:03 PM
    Fr_Chuck
    You have a case, but you will not get full payment, since you will be held partly at fault for your actions. And of course expect a counter suit for possible damage to their car when you sue them.
  • Sep 18, 2007, 01:29 AM
    dumbo22
    There no damage to the car at all.. and she my friend like I knew her I was drunk sat on hood as a joke and she drove going 15 km and turned and I flew off I laying on the ground for a bit while they ahead sitting in car laughing at me.. I went over was mad kicked the car made some ruid remarks and walked away. Since I live in canada sugery was paid for.. I just wondering if I have a case where id win or if its even worth going to court.. I know I'm at fault to I shouldn't have went on hood but you should realise going 15 with someone on the hood is dangerous.. and funny thing is she said she only went 15 and that's not fast at all. What if I had hit my head on the payment she could have killed me
  • Sep 18, 2007, 02:30 AM
    rpg219
    I think... if she is a friend, why would you consider suing? When you're (obviously) young, doing dumb things and drinking you should take responsibilities for your own actions. If I were sitting on someone's hood and they cranked their car... I would get off. So in a way it's your own fault. You better hope a judge doesn't think like a sober person if your going to sue!
  • Sep 18, 2007, 10:10 AM
    excon
    Quote:

    Originally Posted by rpg219
    If I were sitting on someone's hood and they cranked their car....I would get off.

    Hello dumbo:

    I agree with rpg. I don't think you have a case at all.

    If you were sitting in the middle of a road, drunk as a skunk, and somebody hit you, do you think you would have a case against them? I don't.

    excon
  • Sep 18, 2007, 03:07 PM
    dumbo22
    How can I get off a car when she rips and I did try to get off and do you know what happen I broke my wrist and had to get surgery.. do you suspect me to jump off that would have been even worse.. I'm 19 years old but the fact that I'm going to lose my job and be broke and how she's bing a about it makes me want to sue and when everyone I know is telling me to sue but I've been holding back because of it I have bills to pay and all that fun stuff how am I going to offered it for 3-4 months with no work and do you think I can any job with one arm I live in alberta you need that arm... just if I win how much you think I can get outa it and if its even worth it...
  • Sep 18, 2007, 03:28 PM
    stonewilder
    Well don't go to judge Judy 'cause I think the girl would say that you wouldn't get off the hood which is why she did it. Then judge Judy would tell you your stupidity is going to cost you. If I were her and you got on the hood of my car I'd do the same and if you did any damage to my car I would be the one suing you. You would in fact look like an idiot.
  • Sep 18, 2007, 06:47 PM
    froggy7
    Quote:

    Originally Posted by dumbo22
    how can i get off a car when she rips and i did try to get off and do u know what happen i broke my wrist and had to get surgery.. do u suspect me to jump off that woulda been even worse.. im 19 years old but the fact that im goin to lose my job and be broke and how shes bing a about it makes me wanna sue and when everyone i know is tellin me to sue but ive been holding back because of it i have bills to pay and all that fun stuff how am i goin to offered it for 3-4 months with no work and do u think i can any job with one arm i live in alberta u need that arm... just if i win how much u think i can get outa it and if its even worth it...

    I'm going to be brutally honest here. There's something called "learning from your mistakes". You shouldn't have been sitting on her car in the first place. It's rude, and depending on how well the car is made, can actually damage it. Second, you shouldn't be drinking so much that you decide to do stupid things like this, or so that you are so impaired that you can't process what's going on around you and make rational decisions. Yes, you could have wound up hurt a lot worse. And yes, you are going to be hurting financially because of this. But you were the one who set the entire sequence of events in motion. So think seriously about what you are doing with your life, because the decisions you make today will have consequences tomorrow.

    I can say that if I were the judge and this case came in front of me, I'd only be willing to give you damages for the medical bills. And even there, it will probably only be a partial judgement, depending on what reason the girl gives for her actions. The rest of it I would say is your problem to deal with.
  • Sep 19, 2007, 02:58 PM
    dumbo22
    She did it because she thought it was funny... why do you think they were laughing there es off when I was laying there bleeding and injured.. it happened in a madder of secondss its not like I sat on her hood for ten minutes and she was yelling at me to get off and slowly progressed speed. She probably drove about a 3 feet if that and I flew of in a second.. she went from 0-15 and my buddy was in the back seat and was like wow I can't believe you just did that and welling to go to court as my witness but the way you guys are taking it I don't think I will be going
  • Sep 19, 2007, 03:37 PM
    shygrneyzs
    Have you contacted an attorney yet?
  • Sep 19, 2007, 04:19 PM
    dumbo22
    No I haven't
  • Sep 21, 2007, 08:45 AM
    smoothy
    Expect a counter suit. A car is private property. You were sitting on it. You admitted kicking it, and on top of everything you were guilty of public intoxication.

    If I was the judge the verdict would not be pretty based on the reasons I just gave. While I am not a lawyer, pushing the issue can end up being a costly mistake for you based on what has happened.

    Sometimes the best thing to do is lick your wounds and learn from the experience. Basically don't get drunk and respect other peoples property.
  • Sep 21, 2007, 11:45 AM
    shygrneyzs
    From Sept. 13th to the 19th you had not contacted an attorney but you had plenty of time to do that.
  • Sep 22, 2007, 10:12 PM
    dumbo22
    I was chillen with these girls all night they were at my house it happened in front of my house on my block she in the car I went across to do a starshy and huch move as a joke... she was driving us to the bar how is it drunkin in public when it is in front of my house 2 secs out the door

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