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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 26931
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Recently, I filed a claim against a municipality; the rep.

Resolved Question:

Recently, I filed a claim against a municipality; the rep. said that they depreciate both resale and non-resale items. My position is that resale items are not yet put into use, can they be depreciated by a municipality because they are self insured? Your explanation will be greatly appreciated.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dwayne B. replied 1 year ago.
What rep? Also, what type of claim did you file?
Customer: replied 1 year ago.

I filed a property damage claim against a water company. The company representative. I do not want to mention the company or the rep's name.

Expert:  Dwayne B. replied 1 year ago.
That's all right, I don't need their names.

Is the water company actually a part of the municipality?

How did the damage occur?

I am going offline in a little while and will be offline for a few hours but will pick up when I return.
Customer: replied 1 year ago.

Yes, the water company is part of a municipality. The water company's main water broke and flooded my business. They have accepted the responsibility, but they are trying to avoid the replacement cost for my resale items.

Expert:  Dwayne B. replied 1 year ago.
In property damage cases the party at fault is responsible for their value at the time the incident occurred. So if it is something that has been used, then the damage is the fair market value at the time. If this is a retail establishment there are several ways to calculate it but it come out to the same thing. You can argue it is the resale value or you can argue it is the wholesale cost but then you also have a claim for the lost business and expenses involved in replacing those items as well as any lost profits that would have occurred during the time these items were being replaced.

It all comes out to the same in the end, but depreciated value is only used for those items that are in use and it actually isn't depreciated value it is fair market value, which usually includes depreciation.

Also, whoever is acting as the insurer can make an argument that "we only pay..." but that doesn't mean a court isn't going to make them pay more. It is a game of semantics they play to try and get people to settle quicker. Another thing they sometimes tell you is that if you don't accept their offer they are going to "close their file". My usual response to that is "So? I bet you reopen it pretty quick when I file the lawsuit."


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Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 1 year ago.

Just for clarification, in your own opinion municipalities cannot claim an exempt to standard depreciation rule? On a side note, the water main break has occurred thrice within the past four years, at the same location, and water main pipe. The pipe was not properly repaired the first two occurrences, until it was finally replaced the third time. If I was forced to go to court on this claim, could I file for all other claims that was not originally filed such as negligence, etc? Thanks for your prompt assistance and clarification. I am just getting ready to run some errands but will respond to your answer in a couple of hours or so.

Expert:  Dwayne B. replied 1 year ago.
They can claim whatever they want but the law doesn't require that the be given some kind of special consideration on the damages.

Yes, you can sue for everything.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 1 year ago.

I forgot to mention that the item for resale were used parts that I purchased between 2009 and 2011 for repairs of older equipments. Unfortunately the receipts were destroyed by the flood. However, i have submitted quotes from reputable sellers of same parts.


 


The municipality position is that since the items are old technology they are going to depreciate it despite the fact they are parts for repair -- would this hold any water? In your own opinion, if a legal representation is warranted, what are the chances that a lawyer could take this case on consignment?


 


I liked your answers. They were concise and succinct.

Expert:  Dwayne B. replied 1 year ago.
I don't think their arguments are valid.

What is the value of the claim at your estimates?
Customer: replied 1 year ago.

About $200,000.00 plus damages ( punitive damages for negligence)

Expert:  Dwayne B. replied 1 year ago.
Is the $200,000 the value of the damaged property and does not include punitive damages?
Customer: replied 1 year ago.

The $200K includes property damage and business loss income. Yes, punitive damages are not included in the $200K

Expert:  Dwayne B. replied 1 year ago.
You shouldn't have a problem finding a lawyer with those kind of damages. They may even be able to find some more damages that you haven't thought of yet.

Don't count too much on punitive damages. They are rarely awarded and most of the time the attorneys don't even ask for them because the jury can think you're being greedy and give you less on the easier damages.

Good luck with it. You should be fine.

I noticed that you don't show any Positive Feedbacks left yet. Many customers don't understand that under this new system the experts only receive credit if a positive feedback is left so I'd ask you to do so when you get a chance.

Once you give a positive rating the question will remain open for another week or so and you can come back if you have any follow ups.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 1 year ago.

What kind of lawyers would you suggest might have expertise with this kind of case?

Expert:  Dwayne B. replied 1 year ago.
Any of them that do civil litigation or business litigation can handle it. The facts are pretty simple. You can find one by going to www.lawyers.com and looking at your geographic area and then further narrow your search by limiting it to those two practice areas.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 26931
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
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