Help! I need legal advice re: easements

   / Help! I need legal advice re: easements #201  
The fuel tank of any car or truck can be made 'safer' with more metal or less fuel capacity. There is no design which is perfectly safe. The memos in question (like the Ford memos on the Pinto fuel tank) attempted to find a balance of cost and safety, a level of safety which exceeded the Federal safety standards.

Cost benefit analysis is the only way to handle the design tradeoffs both in the regulatory agencies and within the auto companies.

Show me a fuel tank design. I can make it safer, in this example safer is less likely to rupture in an accident, by making the metal of the tank thicker and by adding (more, thicker) baffles outside the tank protecting the tank from damage and separating the tank from the passenger compartment. Would you really want your gas tank made out of 2 inch steel plate if it 'would save one life' (after all a 1 inch plate tank might rupture if hit by a railroad locomotive running at 80 MPH...)? Would you like the size of gas tanks limited to 1/2 gallon (the less fuel present in an accident the safer)?

Remember that when a TV show (Dateline NBC) wanted to show the danger of the side-saddle fuel tank pick up trucks they needed to fake the report. The only way they could make dramatic footage to show danger for the cameras was to mount a burning rocket engine below the fuel tank at the time of the accident. Without this 'artificial' ignition source there was no dramatic explosion or fire to give the report impact. (With rocket engines and other pyrotechnic devices I can't think of a vehicle I couldn't make look bad.). The rocket engines were not installed and ignited by the network producers but by the experts who were helping with the report. The experts worked for the lawyers in the class action suit over the fuel tanks.

This new triumvirate is interesting: class action plaintiffs lawyers, their paid experts, and the TV magazine shows. The lawyers want to inflame the public over the greatest risk of the day (after the initial clients are signed up). The more publicity the more additional clients join the class and the more potential jurors who already 'know the facts' The lawyers hire 'experts' who come up with the excuse to sue (fuel tank placement, should have had baffles, car all by itself jumps out of park into drive and floors the accelerator by itself because the car was made on a Thursday with a full moon...). One can find a paid expert to say almost anything. I know of one case where an 'expert' asserted that his client had a valid copyright on the list of two letter state abbreviations used by the Post Office. The 'experts' than feed the story to the TV magazine shows, appearing on camera 'free' or for little money (free to the TV network but paid by the lawyers). The publicity forces a settlement since many of the potential jurors now 'know' about the danger with the authority of CBS, NBC ABC or CNN. The lawyers cut a deal with Millions in cash for the lawyers and little if anything for the class members. (In the class action suit for the side saddle fuel tanks the lawyers agreed to a $1000 dollar off coupon (off sticker price) for a new truck for each owner of a side saddle pickup.)


The GM dual tank pickup and the Ford Pinto were no more dangerous than other comparable vehicles made at the same time (as shown by the overall accident and injury statistics). Both these vehicles exceeded the Federal Fuel tank standards. However there were memos which sounded bad when read to a jury of people unfamiliar with tradeoffs. Additionally a former engineer was hired in each case as a paid expert to testify how bad the auto company was. What is used by the plaintiffs lawyers is that any car or truck is a series of tradeoffs. Adding more metal to the fuel tank adds weight and cost to the vehicle but will add to the cost and either require more metal elsewhere or reduce the cargo/passenger capacity of the car. Adding the weight to the fuel tank may effect the handling and make the car 'less safe' in another way (e.g move the center of gravity of the vehicle). Look at air-bags, the trade off is clear, they improve safety for average sized adults (not using a shoulder harness) but are deadly for small adults and children in the front seat.

The key for the plaintiffs lawyers here is to make an emotional argument about the suffering of the victim, and avoid discussion of the real-world alternatives and trade offs. I have seen reports that Air-bag deployments have killed more people (children and short adults) than have been killed by fire in all the Pinto and GM pickup fires since 1970. If true (I have not checked the numbers) this does not mean much. I could still use it as the core of an emotional argument against the air bag. But the argument would say nothing about the success or failure of the air-bag since the number of people saved by the air-bag is not mentioned. A risk benefit analysis is needed to determine if the air bag improves safety overall or reduces safety overall.

In yesterday's news it was clear that an Anti-SUV group issued a press release. I heard the story over two radio stations. The story played up the 'news' that an SUV is more likely to roll over than ordinary passenger cars. This is well known just from the fact that the SUV has a higher center of gravity. The spin was just what the plaintiffs lawyers will soon use in court to sue the SUV makers. It was spun as if rollover was the ONLY risk. When in reality rollover is only one of many accident risks. Both radio reports ignored that the large SUV is safer in many other accident situations and safer overall.

The legal system is now requiring Lake Woebegone engineering (the town where all the students are above average), to avoid a lawsuit all vehicles must be below avarage in overall risk, below average in fuel tank rupture risk, below average in rollover risk...
 
   / Help! I need legal advice re: easements #202  
Wingnut,

Juries are not that easy to stack. Each side gets a certain number of strikes, in which they can reject certain jurors. The number and reasons depend on the state. The order in which the attorneys interview the potential jurors is random. So an attorney may have six strikes and not like the first 10 people, but if the opposing attorney does not strike jurors 7, 8, 9, and 10 then four people will be on the jury that the original lawyer dislikes.

What I meant by Joe Average is my jaded view that it is harder to find people who are willing to stand up and say this is crap -- no money for spilling coffee on yourself. For example, my Mom served on a jury where a man had been caught selling drugs to teenagers. My Mom and another woman were the only ones who thought that he should get a harsh sentence. The rest of the jury said that drugs were not that bad and "hey everybody tries 'em at one time or another."

Didn't mean to highjack this thread, I just wanted to respond to the comment that it's the lawyers causing all of the problems. I'll admit many lawyers do not help the situation, but I posit that most are meeting the demand that exists. Far too many people see lawsuits as a get rich and require quick opportunity.

Clint.
 
   / Help! I need legal advice re: easements #203  
I started up a new thread on this subject. I'll respond over here <A target="_blank" HREF=http://www.tractorbynet.com/cgi-bin/compact/showflat.pl?Cat=&Board=rural&Number=227531&page=0&view=collapsed&sb=5&o=&fpart=>The Legal System</A>
 
   / Help! I need legal advice re: easements #204  
mdbarb,
Haven't heard from you in a while. It seems like your thread has gotten off track lately. What's happening with the easement and the mediation?
Haz
 
   / Help! I need legal advice re: easements
  • Thread Starter
#205  
Even I've grown weary of talking about this so I am sure my friends cross to the other side of the street when they see me coming.
here is a quick update.
Mediation round two- If you recall the last mediation, our hero attempted to end the problem by simply buying the offending adjacent property or build a new easement road in a suitable location at my (our hero's) cost. They didn't really respond to these suggestions but asked the judge for more mediation so I naively thought they would have a legitimate offer this time. Instead, they said they would sell only if I bought the adjoining lot that they also own. After initially regarding this as out of the question, I finally said OK we will buy both lots. Then they said, of course they would expect me to pay market value PLUS a premium! Well of course I politely declined as its obvious they have no intention to sell.
Their offer was to accept the new road above if I deed the road, all the property above that road and the "grassy knoll" they have been trying to claim before! In other words we want all we are going to court for plus a new road and more land. Well that me3daition meeting ended abruptly and I don't forsee another.
The deposition went well, with their asking irrelevent questions for about 6 hours. But he didn't finish and would like to schedule another day. That has been 6 weeks and we havn't heard from him.
Good News: FINALLY (about 8 months after initially being cancelled by insurance for filing a claim) insurance has admitted that yes they should provide coverage. Its been about a month since and I havn't recieved any reimbursment yet but I asssume (?) it will be forthcoming (forever naive)
Flapgate issue: I don't know if I have even discussed this here but the evil neighbor installed a flapgate on state property at a culvert that allows tidal water directly into my salt marshes! I have contacted Fish and Game, BCDC, Flood Control,State Lands Comission, The Army Corps of Engineers and every other agency I could find. So far they are all doing nothing until they can determine who actually has jurisdiction on this state parcel. Apparently it is in a gray zone. So the flapgate stays, even though it was put on without a permit until some brave person in one of these agencies can get the nerve up to tell them to take it off! I am AMAZED that someone can go on State Property, install a flapgat that shuts of tidal waters to a salt marsh on someone elses private property and not have IMMEDIATE repocussions!

As an added annoyance, they now ahve the garbage service drive down the easement road to pick up the garbage. They never did this before, I guess the have a right to do it, except the truck keeps turning around on MY property. The battles go on, but I keep looking towards victory in the big picture...eventually.
So as it stands now - we go back to a status conferance with the judge and I assume she sets a trail date. We get deposition from them. I look forward to going to their deposition and sitting across from them with my wife and two lawyers as they ask them all sorts of personal questions (As they are claiming medical problems from all of this).

The evening of of last mediation I actually came across our neighbor in the area of concern. I decided on one last try. In a very calm and even tone I suggested we talk for a moment as it would be at least as productive as giving a bunch of money to lawyers then talking. The only nugget out of that conversation was his opinion that my offer for a new upper road was never even presented! Even though there were 5 other people in the room that hear me and saw my maps, he feels it never happened.
So off to court I go against a crazy person.
My only regret (now that insurance is covering the cost) is that I am sure the judge will rule:
A. In some way neither had considered and will make neither side happy
B. Will not even address many of the seemingly petty issue that will continue to fester as we live next to each other and he drives through my back yard.
C. Realisticly A. and B. above are final
 
   / Help! I need legal advice re: easements #206  
now that flapgate thing surprises me .... here in Michigan, the DNR is actually actively hated for their rigid enforcement of all rules and regs ... as well as some that are only in their imagination.
And the Army Corps of Engineers are even more reviled due to their steadfast instance that - if they think it "should" be wetlands - you have no right to do anything on your land. They're constantly dragging landowners into court for cutting weeds on the beach, moving sand dunes and the like.
And do ANYTHING to screw around with wetlands on interfere with a drain ... well, you'd be in court before you could SAY court!
Interesting that they're so rigid here and invisible there!
 
   / Help! I need legal advice re: easements
  • Thread Starter
#207  
Yes, when this happened I thought "That's it! He has definetly gone too far this time and all I have to do is call some state agency and they will send a swat team out to blow up the flap gate and take them away in cuffs. (I thought similar thoughts when he cut down a tree on my property).
Well now my read on all the governmental agencies is that they are frozen into inactivity until every last bit of info is in, so they can in no way be accused of a mistake.
This is frustrating for me as the affected party, but I understand, I am nothing if not patient and I would then have confidence that the decision would stick.
But it has been quite an education on how much one can get away with, without authorities coming down like I imagined.
 
   / Help! I need legal advice re: easements #208  
mdbarb:

I think part of your problem is the state you live in. From all I know, things that are normal in most states are handled differently in CA. I guess I am just surprised that the flapgate, which would be considered an environmental issue, was not addressed more strongly, give the strong environmental position of the state. Maybe you should put a bit more pressure on the burocrats and cry environmental damage to your property even louder.

paul
 
   / Help! I need legal advice re: easements #209  
<font color=blue>Well now my read on all the governmental agencies is that they are frozen into inactivity until every last bit of info is in, so they can in no way be accused of a mistake. </font color=blue>

I don't know how big a deal you want to make out of it, but I'd contact your state & federal representatives to see if they can light a fire under the various angencies behinds.

Another tactic is to threaten to call the local newspaper / TV station. Be prepared to do it if necessary. Companies/agencies seem more inclined towards customer service if "everybody" is tuning in.

Has any "official" paid a visit to the flapgate?

Still wishing you well in this endeavor. Glad your insurance co. is helping foot the bill.
 
   / Help! I need legal advice re: easements
  • Thread Starter
#210  
That's a thought. I havn't contacted the paper, any citizens groups or politicians yet....
 

Tractor & Equipment Auctions

2010 Ford Edge SE SUV (A51694)
2010 Ford Edge SE...
New Wolverine Skid Steer Forks Attachment (A53002)
New Wolverine Skid...
New Wolverine Skid Steer 3pt Hitch Quick Connect (A53002)
New Wolverine Skid...
2006 Ford F-150 Pickup Truck (A51692)
2006 Ford F-150...
2016 JOHN DEERE 624K WHEEL LOADER (A51246)
2016 JOHN DEERE...
2022 JOHN DEERE 331G LOT NUMBER 99 (A53084)
2022 JOHN DEERE...
 
Top