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-   -   How would you like to have this couple for neighbors? (https://thetfp.com/tfp/tilted-life/102235-how-would-you-like-have-couple-neighbors.html)

zz0011 03-16-2006 07:19 AM

How would you like to have this couple for neighbors?
 
Or maybe you already do?

Ok, maybe not THIS couple, but their twins...

...but should we give `em an "A" for inventive?

Man Hits His Own Car Then Sues Himself
Mar 16 7:17 AM US/Eastern
LODI, Calif.

When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages. Only thing is, he was the one driving the dump truck. But that minor detail didn't stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident, even after admitting the crash was his fault.

After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.

City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can't sue her own husband.

"You can sue your spouse for divorce, but you can't sue your spouse for negligence," Schwabauer said. "They're a married couple under California law. They're one entity. It's damage to community property."

But Rhonda Gokey insisted she has "the right to sue the city because a city's vehicle damaged my private vehicle."

In fact, her claim, currently pending at Lodi City Hall, is for an even larger amount _ $4,800.

"I'm not as nice as my husband is," she said.
___

Information from: Lodi News-Sentinel, http://www.lodinews.com

Poppinjay 03-16-2006 07:22 AM

It's been done before, so C- for inventiveness. Convicts have sued themselves in the past, asking the state authority to pony up the dough since the inmate is destitute.

They must be a fun couple at dinner parties.

Charlatan 03-16-2006 07:39 AM

Quote:

"I'm not as nice as my husband is," she said.
But just as thick... just as thick.

The_Jazz 03-16-2006 07:43 AM

Believe it or not, I expect that in the end the claim will get paid. Gokey was working in his capacity as a city employee using the city's vehicle. There's no exclusion in the typical commercial auto policy for an employee damaging their personal vehicle. It sounds like the city has self-insured the coverage, which does give them some leeway over what claims get paid, but a judge is going to look at the prevailing insurance language and find no such stupidity exclusion.

There's a good reason why the city should not be allowed to get away with denying this claim. The city obviously did not take due care to make sure that employee vehicles were protected from the dump trucks. If any other employee had been driving the truck, they would have paid the claim. If it was a willful act, that's one thing and shouldn't be paid, but if it was the accident like it seems to be, then the city needs to pony up the money.

This is humorous, but the city's definitely in the wrong here from the facts as stated in the story.

Redlemon 03-16-2006 08:05 AM

There was a family in the Philadelphia area (late 80s?) that used to insure their vehicles with multiple agencies, then run into each other and file claims. Obviously, they were caught, but I don't remember the specifics.

zz0011 03-16-2006 10:16 AM

Quote:

Originally Posted by Poppinjay
hey must be a fun couple at dinner parties.

If YOU'RE hosting the party, invite them and I'll come to, just to watch... :)

little_tippler 03-17-2006 05:17 AM

:lol: :lol: :lol: :lol: ........ :hmm:

this would be funny if they weren't actually going to get away with it. Shame on them.

Psycho Dad 03-18-2006 07:30 PM

The city would have been ahead to pay the initial claim and then fire the guy for an on the job accident.

tooth 03-20-2006 12:31 PM

Quote:

Originally Posted by The_Jazz
... If any other employee had been driving the truck, they would have paid the claim. If it was a willful act, that's one thing and shouldn't be paid, but if it was the accident like it seems to be, then the city needs to pony up the money.....

That is the crux of the issue, from my point of view. But, I could imagine that the city would see this as a dangerous precedent to set.

The_Jazz 03-20-2006 12:49 PM

Tooth - I agree, but I think that the city is well within its rights to do exactly as Psycho_Dad suggested and fire the guy. If the guy did it on purpose, that should be a fireable offense. If it wasn't purposeful (which is what I suspect), it's an at-fault accident at the very least and should be enough to at least issue a warning and get the paperwork started on the guy.

Basically, I think that the city is pissed off and tipped the newspaper off to generate bad feelings against the claimant. Its interesting that the rest of TFP thinks the guy is a jackass for making a valid claim, but I see the city as the bad guy here. The city attorney should have paid the claim and called the guy's supervisor to start the paperwork on getting him fired. If you look at ANYONE hard enough, there's always a good reason to fire them. People who don't take the right steps in the process deserve to get sued for wrongful termination. As it stands now, the employee will probably be able to make a case for harrassment if the city's reasons for getting rid of him aren't ironclad.


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