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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27091
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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We do landscaping in California and have a farm where we grow

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We do landscaping in California and have a farm where we grow cut flowers in Oregon. We sent one of our workers up to Oregon to help with the harvest and do some clean up on the farm. We paid his way and we let him stay in the mobile home up there. While he was up there, unbeknownst to us, he bought a car from one of the neighbors. On a trip up there, my husband became aware that he bought the car and told him that he was not to drive it as he had no license and no insurance and the car had not been registered to him. The Day after my husband left (on a Sunday - his day off), he took the car out, rolled it (5x) and lost his arm. He was medivaced to the hospital where his arm was amputated. Feeling awful, we let him stay at the mobile home during his recovery and paid a couple of people to help him out and take him to the doctors etc. We found out during this time that he had had several beers before driving. After a month we told him that he was going to have to go home or if he didn't want to face his family and the other workers (which he didn't) that he would have to find another place to live. He chose to come back here and said he was going to go back to Mexico. A woman drove him to the office (I took a picture of her license plate in case we needed to know where he was living - we could give the license to the work comp investigators) He told us we owed him overtime. We figured out what we owed him and paid him. He came back the next day and said we owed him for 85 hours OT for 2011 and 85 hours OT for 2012. We figured it out and paid him. He then told us we owed him another 200 hours of OT and we grudgingly paid him that and had him sign a note saying that we paid him in full and that he admitted that the accident was his fault and that he had drank some beers. Two days later, we found our nursery had been vandalized. There were no cut fences so it was someone who had the combination to the lock. We filed a police report and when I showed the police the license plate I photographed, they ran it and found out the car was registered to our employee. He is back to drinking and has some people telling him to sue us. We're concerned about what our liability is. We have had several fraudulent work comp cases and they always settle and we get stuck with higher rates. Can we counter sue if it comes up for endangering our neighbors, property etc. I'm not sure why he wasn't arrested when he left the hospital considering he was driving a car not registered to him without a license or insurance. Maybe it was because he was the only one involved but we are now concerned, in general, since we found out he has a car down here and we know he drinks and drives. We're exhausted from dealing with this.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 11 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

The only question I see is "Can we counter sue if it comes up for endangering our neighbors, property etc."

Dwayne B. :

The answer is no on that since you can't countersue for what might have happened and endangering your neighbors isn't your damages.

Dwayne B. :

I'm sure you have additional questions though.

Customer:

Do we have any liability. We have been told that since we sent him to OR to work and we let him stay in a mobile home on the property - essentially paying for his room - that we were liable 24 / 7. The accident was on a public road on a Sunday.

Dwayne B. :

I don;t see any real liability for you.

Dwayne B. :

I don't agree that you are liable 24/7, there is no basis for that, and with all of these facts I think it is unlikely you would be liable at all.

Dwayne B. :

Since he was committing a crime at the time he was injured that is also a defense to him being "on the job" as it wasn't in the course and scope of his employment.

Customer:

Great thank you - we were trying to figure out what we were going to have to do to protect our assets. We have a corporation but we may rework things so everything is not in the corp. Thanks again.

Dwayne B. :

You're very welcome. Anything else I can assist with?

Customer:

Will that get emailed to me so that I can show my husband - he's a wreck.

Dwayne B. :

No, it doesn't email automatically but after you issue your Positive Rating this will change format and you can then print it using your print function.

Customer:

Great thanks

Dwayne B. :

I can ask the moderator to email it to you but I understand that usually takes a few days.

Customer:

Ok Thanks.

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27091
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 2 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Dwayne B. replied 11 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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