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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dear Legal, My name isXXXXX On Saturday, August

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Dear Legal,
My name isXXXXX

On Saturday, August 15th, 2009 "Melrose Family Day." I stepped in a hole playing with adolescents on a outside city basketball court. Tore my quadiceps tendon muscle's in my left knee, and still in lots of pain from my left knee up to my groin area when walking. The knee is weak and buckles when I walk coming up on 4 year's later. To this day I'm on pain medications for my pain, misery and suffering. I have lost everything as a result of that accident, and now on disability.
My mother, and sister was there and watched as the ambulance drove me off to the hospital. We did found an attorney, he appealed and lost. Judge's claim that I am...1) an experience basketball player (not a pro, played alittle), 2) that I have played on that court numerous times (3 times in 30 years), I do not live around there, and 3) I assumed the risk associated with playing basketball (we also assume the risk in driving, etc), but they make no mention of the hole on the court which I stepped in.
After my injury the ground has been restructured/repaved. I have witnesses who saw me step in the hole and witnesses who saw me on the court, as well as photo's of the hole before and after.
My question is can I appeal again, will an appeals attorney help me now after losing my appeal, and can I sue the judges for their injustice towards me and my situation with the park negligence.

In need of your assistance and guidance.

Thank you in advance,
Samuel Felton

Thank you for your question, Samuel. Please permit me to assist you with your concerns.

You cannot sue the judge directly--judges have immunity from suit even if you believe their decision to be wrong, and even if they are wrong. You can appeal the decision and request a higher court to evaluate the initial decision to see if the judge made an error. Appeals courts have the ability to keep the decision as is, modify parts of the ruling, or find serious mistakes in law, overturn, and remand it back to the lower court. That means that they would ask the lower court to re-hear the decision with the new instructions or new rulings that the appeals court put in place. If you appealed and lost, the next step is to appeal to the highest court in your state and see if they are willing to rehear the case and potentially reverse the rulings. I cannot guarantee that they will end up doing so, but you able to do so. Historically very few decisions win on appeal, so kindly do not blame the messenger in this instance.

Good luck.

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