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I am appealing my Crime Victim assistance case. CV questions
I am appealing my Crime Victim assistance case. CV questions whether a crime occurred. (It did but the police never investigated.) So I am going to a hearing. I am trying to establish material fact that it occurred. If I get these people to admit that they hit me on the head and jerked my neck backwards under oath does that establish material fact that they did those actions? Assailant A's own brother can testify that his brother admitted to him that he did it. This is heresay, but I believe heresay is If I can establish that as material fact that they did those actions I don't see how CV can contend that a crime did not occur. The only question then is are those actions crimes. Given that they happened 3 times each and I told them each time not to I don't see how it can be construed as anything but the intentional tort of battery.
Do I have a basis for suing the store that employed a man who
Do I have a basis for suing the store that employed a man who served as an accomplice to an act of Aggravated Assault and Aggravated Kidnapping against me that occurred on the employers property? I was attacked with a gun by the husband of a general merchandise store supervisor. This husband is disabled with access to powerful pain killers and possibly psychotropics that affect perception. His disability may be just a mental disability in that he is very able bodied, quick on his feet, has strength in his hands and limbs, and proceeded to hold me on the ground with my hands behind my head as he pressed a gun against my skull and told me I had just a few seconds to live. He was under the mistaken and indeed deranged impression that I was at his wife's store to stalk her or harm her in some way after he and I exchanged words three months prior in one phone conversation. He was sharing his pain medication with a relative of mine, drinking, and smoking marijuana and I threatened to call the police if they did not cut it out given that my relative is very sick with Diabetes and Hepatatis and does not need to be engaging in drinking and drugging. In any event, I let the conversation pass and thought nothing more of it. But when this husband saw me 3 months later at the store where his wife works, he jumped to a ridiculous conclusion that I must be there to stalk his wife when in truth I was just there to make a purchase and have the receipt to prove it. But the husband organized an ambush against me in his car and recruited an employee of the store to be his accomplice. They charged me in the husband's car, both got out and struck poses as though they were undercover security or a SWAT team with the husband pointing the gun at me with arms straight out and locked, commanding me to get down on the ground with my hands behind my head. I complied and the husband put his knees into my back and held the gun against my head as the accomplice took my wallet from my back pocket to confirm my identity. My wallet was returned / nothing taken, but clearly this ambush had been discussed and coordinated with the employee of the store before it was carried out. The husband's purpose was to terrorize me as revenge for threatening to call the police on him 3 months prior. And his intent may have been to actually kill me in that he fired the gun into the ground to prove it was loaded and he meant business. Again, I believe the man is mentally deranged. But do I have basis for a lawsuit to sue the store where the accomplice and the husband's wife works in that it happened on their property? I've tried contacting the store's regional manager but she will not return my emails. The husband called the police after I left, thinking he could convince them to put me in jail just because i was at the store where his wife worked. The husband, however, was arrested for carrying a weapon without a permit and put in jail for 1 night, then bonded out. I've attempted to make my own report but the correct police officer will not return my calls and is always out when I have been to the police station twice. I can still report under the 3 year Statue of Limitations in Texas (the incident occurred on a weekend 12 days ago). But if I decide to try to settle this in a civil vs. criminal court, would I have a basis to sue the store / employer of the accomplice? While I did not sustain any physical damage from the incident, it has deeply affected my sense of security in my own neighborhood as I was terrorized and violated by this man for no reason but his own deranged thinking and thirst for revenge for something truly minor (I never called the police on him 3 months prior but could have and done so legally.) The store is a large national chain with deep pockets.
Hi Benjamin. Did you get the $125 Bonus I sent from an old question be
Hi Benjamin. Did you get the $125 Bonus I sent from an old question because I didn't know if you would get any money if I replied or accepted on the one that you were brought in by Pail with. I actually had done that because I wanted to ask you several questions, but you needed the back ground as well.We had the hearing, & I believe you will find this quite interesting, especially the unique factors which would very certainly go to the Supreme Court if we won't settle, simply because we have every person believing us. That is helpful. But this case law is like nothing I have seen.& the Judge sent state packing as we had finally been able to show him that the MSJ he had ruled on July 21, he was duped by the Defense.I do really need to ask you a question I am quite certain you will have the answer to, & it is more general in nature.I disagree that you would not be of good service to me or I wouldn't have sent you the extra money to show you my faith.So if you will, please respond if you would mind answering this question.We have a hearing to reconsider the MSJ, which the Judge dismissed the State under their Plea to Jurisdiction, because we were able to show we had always intended & had included the ID of the private hospital, & the only reason the governmental unit was included, & served, was because they were successor in interest. I am no attorney, so I don't know what misconduct is. But we believe we have what we need to ask for a Final Judgment on the institutions attempt to limit our rights, & force us under the TTCA by pretending what they knew & caused to be, a Misnomer, wasting time & resources trying to get the primary target of the suit dismissed & severed with prejudice, successfully, which we are rehearing on the 27th, & expect the Judge will rejoin the dismissed party. Thing is, we now know that we are not locked into the TTCA just because the gov unit bought the hospital that was private when the acts were committed.The audacity, the Defense Attorney for the primary criminal doctor that did all of the dirty deeds, including leaving me to die in ignorance, just filed a new law suit in OUR names against her client, under what SHE wanted, medical malpractice without discussing with us. Is that normal? We told the judge we wished he would instruct the Defendant 's Attorney to STOP acting like she is our attorney in his interest & tell her to stop doing anything in our name.I suspect she felt the time running out when she saw that we had filed for a reconsideration, & claimed they chose that defense & attempted to railroad us with an MSJ knowing that is where most pro se plaintiff's lose, which we did, because we weren't aware of the sneaky aspect of it. They presented in bad faith, what they knew were groundless affidavits & claims, knowing we had never sued his employer, but continued to claim it to the Judge, & were able to put it over only because the university atty told me 7 days before we had to file, when I had tried in vain to get information needed to sue the right persons, & the hospital wouldn't have been named had they refused to provide the information sought for the right nurse of the two who conspired with the Dr. & helped facilitate the fraud, concealment, committed battery/assault in TX, & then he committed aggravated assault, intentionally mutilating my healthy body for demonstration purposes for his industry he was working to advance, though employed by the university at the time.So, since they chose to answer as if we had sued the university instead of the hospital, with them as successor in interest, simply because we had a misnomer, & reversed the location of the names, but throughout the Petition clearly identified our suit was against the hospital, their sole act, gross negligence for leaving a known risk in place because it made more money than it lost, but had they set a protocol, my life would have been saved. I am down to my skeletal frame & skin. Fighting each day. I think we had trouble getting the atty because they misunderstood too that this isn't a healthcare claim, but a DTPA Violation Claim, which we have hands down, & named the 2 trade assns the Dr.'s now Pres. of 1, on Board, as Chair of Review Committee of 2nd, on Executive Council of the main one, & assoc. editor of their industry Journal. Left the employ of the univ. just after risk disclosures locked in caps under tort reforms in 48 states. Has private practice as well just to round out the money tree. He was in residency in 1991 at the Univ where he went to work in 95. He went to annual convention of assn then. In 1992 took a specialization fellowship surgeons don't take, but it related to this new surgery he thought would be hot stuff when completed residency. In 1994 in MN attended the annual assoc mtg again. Hard to believe he had no plans on this industry before his employ.They didn't answer for the Hospital. Should we seek some kind of Jdgmt because they inste
Attorney and Counselor at Law
Doctor of Jurisprudence
For Benjamin Burt ONLY. About to file amended original petitionView more personal injury law questions
For Benjamin Burt ONLY.About to file amended original petition and serve notice on all parties, but need to know the following:We discovered that the surgeon did have a conspirator and he did not act alone, although he was the one to tell her what he wanted her to do. And she chose to knowingly facilitate it.On the amended petition, do we add her as a defendant?and can we include in the cause of action basis, with all other claims, conspiracy to defraud? (It was a nurse.)She might be best as a witness only if she has no more loyalties since the surgeon left the institution to start his own practice.Also, she not only assisted with the original fraud, but we had only included aggravated assault for the mutilation of my body against my expressed will, but by injecting me with something different than I was told I was getting, and no name for it, just that it would stop the drug reaction, and then I could leave, "per the surgeon's final statement before leaving to wait for the medicine to stop the drug reaction I was having before I left for home, and he did leave the window open that suggested I may also want to change my mind if I learned the reaction had caused my change of heart. But instead of giving me "something that will calm the level of anxiety down, I was given something that would make me appear still capable of giving the consent he was going to return and ask for, which was "do you want to do this" and my reaction, due to having been given anesthesia instead of some mild sedative that would stop the reaction and calm me down. Every medical expert and professional alike has stated that giving that to any patient who has canceled a surgery, for ANY reason, would be unethical due to the fact that they would be rendered no different than any other anesthesia. I was told I was being given one thing, and was instead started on one of the anesthesia's, which was not part of the original plan of general anesthesia.Also, upon filing the amended petition and serving notice, when can we notify them that we want to start the discovery process immediately, and begin depositions immediately before anymore time passes. We are already facing battles which they will go for first, SOL, which we have full documentation to prove that the crime was inherently undiscoverable, and when and why we began investigating, following the "reasonable person" rule. Thanks!
Attorney and Counselor at Law
Doctor of Jurisprudence