| Cobra_R |
My Aunt and Uncle where at a party there were lots of people and vehicles. Drinking out on a acerage its nice and dark.
Ok thats the setting. my uncle got really smashed so when it was time to go home my aunt went and moved his truck and went and got him on the way back they seen a guy Jump in my aunt ran around the corner of the truck to get in the passenger side and my uncle went for the driver. as my aunt opened the door the guy kept driving forward. My uncle opened the door grabbed the guy and pulled him out slammed him to the ground and held him.
the guy gets in contact with my Uncle a week later and tells him I am sueing you for all your worth blah blah blah.
Its dark some strange guy at a big party gets into your running vehicle and puts it in gear.
In my head thats theft. and you have every right to subdue the guy in the vehicle to get it back. Now my uncle never punched him he just pulled him out and restrained him. this guy has no right to sue in my mind. Am I correct?:dunno: |
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| Xtra_X |
I can't speak for the law but I'd say dark strange guy got off lucky.
I think he's blowing smoke so at most contact a lawyer. |
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| dtjohnst |
quote:
Originally posted by Cobra_R
My Aunt and Uncle where at a party there were lots of people and vehicles. Drinking out on a acerage its nice and dark.
Ok thats the setting. my uncle got really smashed so when it was time to go home my aunt went and moved his truck and went and got him on the way back they seen a guy Jump in my aunt ran around the corner of the truck to get in the passenger side and my uncle went for the driver. as my aunt opened the door the guy kept driving forward. My uncle opened the door grabbed the guy and pulled him out slammed him to the ground and held him.
the guy gets in contact with my Uncle a week later and tells him I am sueing you for all your worth blah blah blah.
Its dark some strange guy at a big party gets into your running vehicle and puts it in gear.
In my head thats theft. and you have every right to subdue the guy in the vehicle to get it back. Now my uncle never punched him he just pulled him out and restrained him. this guy has no right to sue in my mind. Am I correct?:dunno:
He has every right to sue. We all have the right to sue anyone we want when we feel we've been wronged.
I think you're wondering if you're uncle will lose or not. I can't say because I don't really understand your story. I will say it's very hard to win a case when you were drunk at the time. His testimony will be taken with a grain of salt and the assumption will usually be he acted irrationally. He's fighting uphill already. |
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| Cobra_R |
| The thing is my aunt was sober and told him the guy to stop the truck and he didnt. |
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| dtjohnst |
quote:
Originally posted by Cobra_R
The thing is my aunt was sober and told him the guy to stop the truck and he didnt.
But your aunt isn't being sued.
The guy still has the right to sue. |
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| Cobra_R |
Ok I should have worded that a little better.
Does he have a case. if told by A) the driver at the time to stop and does'nt and B) Never had permission to be in the vehicle to begin with? |
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| dtjohnst |
quote:
Originally posted by Cobra_R
Ok I should have worded that a little better.
Does he have a case. if told by A) the driver at the time to stop and does'nt and B) Never had permission to be in the vehicle to begin with?
The question isn't "did he have a right to kick him out", the question is did he overstep his bounds.
Put yourself in the judges chair: you have a guy who was drunk as fuck saying he didn't go too far, a woman who has a vested interest in the case saying he didn't, and a guy who claims to have had his head smashed in. Who're you more likely to believe?
It's impossible for anyone here to say what the likelihood is because we don't have both sides of the story. We don't have pictures of the guy who's suing, his argument, his reasoning, etc.
You have a right to protect yourself and your property, but not a right to injure people who aren't a threat to you or to use force beyond what is required.
EDIT:
A lawyer will give him a free consult and tell him whether or not he has a case, and he'll be more reliable and accurate than anyone here. |
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| Cobra_R |
gptcha thanks mom just got a call from my aunt says the lawyer said no one has a right to go into your vehicle un announced. so. it will look like theft and the fact that he did not hit the guy but just pull him out a restrain him and witnesses are attesting to that fact. looks open and shut.
thanks for the input. |
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