Saturday, August 23, 2008

Suing the pants off the City

This is me in the office of the
City's attorney. For some odd reason the plastic flowers in the vase were additionally adorned with several rubber bands draped artistically. Too bad they don't show up in the picture.

Yesterday ScottieDog and I had to go give a deposition to the attorney for the City about my accident. It was a little weird.

Yes, I know, the country is going to the dogs because of too much litigation. Spare me. When I was a property owner, I sweated bullets over the (miniscule) cracks in my sidewalk and wondered if I should fix them. And paid for liability insurance too, even though nobody ever tripped. (The reason the City is liable as well as the property owner is that there was a street tree involved. I believe it was a young gingko.)

I have lost so much money because of this accident! And will lose a lot more. Not to mention my right hand being all messed up. You can kind of see in the photo that it's not right.

During the deposition, the most important question seemed to be, "Did you see the crack in the sidewalk before you tripped?" WTF kind of question is that? If I had seen the crack, wouldn't I have stepped over it? And if I didn't see it, would I remember NOT seeing it? I couldn't answer that one at all. ScottieDog said during the preparation with my lawyer, "Just say you didn't see it." But, being a stickler for accuracy, I just came out with, "I don't recollect seeing it." Which just about covers it, I guess. And calling it a "crack," well, it was more of a complex obstruction.

My lawyer said to expect much longer and more detailed depositions coming up. So what, I say. I know what happened. I tell myself, "Just stick to the facts, ma'am."


Andy @ said...

I commend you for sticking up for yourself and taking action. I am so unassertive that I would never have the guts to file a lawsuit against anyone! Don't let them push you around!

Melissa said...

Hi again Andy, and many thanks for the link to my blog in your last post! I should have said, too, that you can guest post in my blog any time, not that it will ever be bigger than yours--you have quite a head start on me.

This is the only time I've ever sued anybody, and I wouldn't have, except that a lot of my NYC friends said "of course you'll sue, and this is the person to contact...etc.etc." So I did, being under the influence of narcotics at the time. But I think it's worth it...I actually can't afford NOT to sue at this point.