Tractor rampage

[chucko]

"He is claiming 2,500 in cosmetic damages and wants my insurance info! Remember, it was his son who raided HIS liquor cabinet."

I much as I hate to say this get a lawer have the lawer inform (in court if needed) how this was all the fault of the neighbors kid and his old man for having the liquor where the "children" could get to it. Clam it's the same as a loaded gun left whhere a child can get it.

 

[kensfarm]

"Remember, it was his son who raided HIS liquor cabinet."

What did the Sheriff say about the source of the liquor.. I get a lawyer too.. make the neighbor pay for everything since he's decided to be a "be nice". If he really gets to be a pain.. call child services on him.. tell them the story.

I'd make sure you take pictures of everything for court. Tell your Ex she can have full custody if she pays for all the damages he's done.. if not she can have full custody after he's worked off all the $ needed.. which should take about 3 years.. he'll be 18 by then.

Good luck.. keep a level head.. this is just a bump in the road.. life will get better!

 

[LarryD]

Don't take a knife to a gun fight, get yourself a lawer. As others have said, this "accident" started at you neighbors house. Seems to me he is as much responsible as anyone.

 

[cmhyland]

I agree with LarryD... Taking a bazooka to a gunfight is much better.

Get the lawyer, file charges against the neighbor for
serving or otherwise making available booze to miners.

Go after the exwife for half the costs of damages and lawyers fees.

Then work the boys butt off to repay his mother and you....

Regards,
Chris

 

[Cactus]

Lew,
Check back here regularly...there are lots of good people here that will listen and offer suggestions.

 

[riptides]

Lew,

Seems all you need is to retain an attorney as others have mentioned. I think your past seven years should be used to great advantage. Looks like the neighboor needs some help with alcohol and keeping it away from minors. Not you.

Good luck. One day at a time.

-Mike Z. /forums/images/graemlins/grin.gif

 

[jayhawkRoy]

I'm going to offer a slightly different view of things, based on my experiences with Small Claims Courts. Realize that small claims court may operate differently from state to state. If he is, indeed, going to file in small claims court, then you owe him no additional information. I would wait and see if he actually files in court. You will be notified when he does, as the defendant. You may not need a lawyer to defend yourself. He is required to detail his losses and you can challenge them in front of the judge. Merely saying there are $2500 in cosmetic damages does not cut it. He must detail exactly what damages he had repaired or provide estimates of what he needs to repair. You can also have your son and/or the other guys son testify in front of the judge to establish exactly where the boys got the liquor and detail all their activities that night. Based on what I have read here, you may be able to establish that the liability for the problems that occurred on your property is joint. His part is that the kids got access to the liquor cabinet. Your part is you didn't secure the keys to the tractor, and damages resulting from the boys' use of liquor occurred with your tractor on both pieces of property, with your son at the wheel. Ultimately the judge will determine a percent of liability and award damages accordingly.

At this point, until you are served with a notice of lawsuit (whether it is small claims or a regular civil claim), I would continue a dialogue with him (if possible, and keep pointing out that his son and his liquor was involved) and make him make his move. You don't owe him any insurance information or any other information, for that matter. Lots of people talk and only a few carry through with their lawsuit threats. After seeing the contents of his lawsuit, I would then decide to hire a lawyer or not. I would, for my own protection, get a copy of the incident report. That will be the official account of the incident and basis for other future actions.

Good luck as you navigate through this. Keep a clear head, be as objective as you can about the situation, and retain an even temperament....Roy

 

[meanstreak]

good story but don't believe it

 

[Henro]

<font color="blue"> good story but don't believe it </font>

Hummmmmm....

Which parts don't you believe?

From my experience as a kid it sure seems almost a natural event to me... /forums/images/graemlins/blush.gif

Personally, although one never knows with absolute certainty when reading posts on the internet, I don't see anything too unusual or exceptional in this one... /forums/images/graemlins/blush.gif

This could just be "been there, done that" but "in a different way" speaking... /forums/images/graemlins/blush.gif

 

[ChickenNecks]

There sure is alot of people here in the know. Reading these last few posts have really helped me put this in perspective. I appreciate each and every piece help and advice...and I mean that. Thank you TBN.

My neighbor has since come over and said he would not pursue a lawsuit if my son agreed to help with repairs. I thought that was a fair and just compromise. My son needs to understand he is responsible for his actions. Jack seemed to calm down when he heard the whole story and found out I talked to an attorney.

Now to see if I can get my son on the ball working off his debt.

I think he should answer to the neighbor and his step mother before me. Is this a good plan? The alcohol abuse (it continues) is the real problem.

Lew