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I own a small rual route trash service company, and our

county offers a transfer station...
I own a small rual route trash service company, and our county offers a transfer station that has a crane that will offload the individuals trailers to take the stuff we bring the landfill, which is over 30 miles one way ....I have a two part questions1. My husband and the crane opperator got into a tiff becuse our vehicle was overheating and we where wanting to get water from the water hose and the operator told us no ... that it wasn't his problem ... when my husband told him the "f" off ... the operator jumped out of his crane and got in my husbands face and was screaming at him that he could take his sh&t somewhere else ... my husband told him to back off ... and long story short .. my husband no longer is allowed to go to the transfer station ... even though we haven't been given any formal documentation stating why ... just advised by the director he couldn't.... Can they do that ... keep him out of a county funded facility because the operator says???2. Ever since then ... this same crane operator has on 4 different occations ... completely ripped up the floor in my trailer ... within a 5 month period ... There is a sign that says they are not responsible to damages ... however ... if the damage is being done intinitally ... would that sign still apply??? Plus I made a formal complaint ... and instead of this crane operator being punished ... they advised me that I would need to start hand offloading my trailer ... I usually take in about 4-5 thousand pounds of trash 3-4 times per week.... is this really a realistic thing for them to impose on me??? They say that the metal floor that I have in my trailer is not good enough ... and that is why they are damaging it .... I say CRAPIs there anything I can do ... and I have photos of the trailer if you want to see them.
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Customer reply replied 1 month ago
am I asking this question in the wrong category???
Answered in 1 day by:
3/21/2018
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Customer reply replied 28 days ago
please.. I really appreciate your time and consideration of this situation.. if I am asking this question in the wrong section.. please forward to the correct one.
Customer reply replied 26 days ago
Any info???
Customer reply replied 26 days ago
Didn't realize that this would be such a difficult question....
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry for the long delay. Based on the experts available and the complexity of questions, sometimes it can take a long while. It is possible that other experts avoided this question because of its complexity, but I can take a shot. One moment...

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Customer reply replied 26 days ago
Thank you

You bet. One moment.

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1. As far as the issue with being at the landfill, a person cannot be denied access to public property unless there is a statute or rule that restricts it or unless there is a court order that restricts it. Because it is not private property, an individual person cannot keep your husband off the land so he's welcome back to the landfill. He may need to sue the landfill if they continue to not let him on, but it is something he could consider.

2. If he has ripped up your floor of your trailer, then this to me sounds like a conversion. Conversion occurs when there is a substantial interference with the personal property rights of another. This is possible when either a person is blocking the rights of another’s right to the personal property, even if that person had authority to possess the property, but that right was taken away by the owner (e.g. the owner took away permission from the person currently in possession). Usually, the measure of damages is the fair market value of the property at the time of conversion or a return of the property itself. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award. You may want to consider just writing a formal demand letter advising that the property should be returned ASAP There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

3. As far as having you offload your trailer, you should have them point to a rule that says that this is the case. If there is no rule or ordinance that says that this is the case, then you don't have to do such a thing.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 26 days ago
Wow... you really have made me a happy girl ... I am going to send you pictures of the damage.. and when I spoke with the crane operator he told me that he would not pay for anything because my piece if shit trailer wasn't worth $2.00...I have been fuming over that for a week now....I was also advised by the commissioner AND the director of health and safety.. that my trailer basically was not good enough for care from the crane operator...

Ok, cool. Go ahead and send the photos.

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Customer reply replied 26 days ago
I'm sending you the original email and the response I received from commissioner Graham and Lisa Krobot director if health dept.I am just beside myself over this whole thing and the actual lack of concern from anyone...The health dept has tried to sue us for public nuance 3 times and has lost each time... I feel like now this is what they are going to do to try to break me
Customer reply replied 26 days ago
when does incidental damage become intentional????There is a sign that says not responsible for damages to equipment while unloading..But come on.....

I see. I'm sorry to hear about that. So, as a practical matter, I think the wise thing to do would be to get a new trailer if it's possible. This can remove whatever excuses they have regarding this. If that is not possible, then you may want to consider something called a writ of mandamus. This is a petition with your local civil court asking them to have the county landfill enforce their rules. You could also file that conversion lawsuit in small claims if you believe they have done intentional damage. They may defend on the grounds that it was incidental; however, all they have to do is intend the act, not the damage, and you can recover.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 26 days ago
No ... I guess i have some reading to do .... and see how i can rectify the situation...Thank you for your time and allowing me to vent and get some true answers

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