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TVTranscript
00:00All parties on Cherry v. Keller. Step forward, please.
00:1630-year-old railroad agent Timothy Cherry claims 40-year-old railroad engineer Leroy Keller assaulted him over a parked car that blocked his.
00:26Leroy is countersuing for his 30-day job suspension and attorney fees.
00:32Order. All rise.
00:38This is case number 697 on the calendar in the matter of Cherry v. Keller.
00:42The parties have been sworn in, Judge. You may be seated.
00:47You both work for the railroad, is that right?
00:50Yes, please.
00:50And you had this big brouhaha over parked cars.
01:00Foolish, right?
01:02Fool.
01:02So, Mr. Cherry, why don't you start from the beginning and tell me why you believe Mr. Keller owes you all this money?
01:12$3,000 with a counterclaim for another $3,000.
01:16On July the 18th, we have a mail contract to work for the railroad.
01:23I was up in the mail car attending to my duties when Mr. Keller approached me.
01:29He was very upset that he couldn't get out from where I was parked.
01:32He couldn't get out?
01:34He couldn't get out of his parking spot.
01:36His parking space because of your car?
01:38Because of where I was parked.
01:39Mr. Keller approached me and his exact words to me were, give me your keys or I'll bust your windows out and ram your car.
01:50I turned to the person I was working with at the time and I told him, well, let me go down and move my car out of his way.
01:56As I went to get down out of the car, as soon as I touched the ground, Mr. Keller ran over to me and went to grab me in my chest.
02:02I pushed his hands off of him and I told him not to touch me again and that I would be back.
02:06You know, I told the people I was working with I would be back, let me go and move my car.
02:10All the way up the platform over to the garage, Mr. Keller's making shoulder contact with me.
02:15He's bumping me, telling me who you think you are.
02:18You have no reason to block me in and you knew this was my car.
02:22I had no idea whose car it was.
02:24It was an area where all the employees parked.
02:26If it happens to where we block each other in, we simply just come and ask, you know, ask to move.
02:33Once we got out to the garage, I went to open my door, you know, to let him out.
02:38He had went over to his car.
02:40Before I could get the key good out of my door, he rushed over to me and pushed me to the side of my car.
02:47At that point, I didn't know what he was going to do.
02:49He had been to his car.
02:50He was back over there.
02:51He had pushed me for the second time.
02:53I went to my trunk, I actually ran to my trunk, opened my trunk, and removed the baseball bat.
02:59By the time I came from the rear of my car, Mr. Keller was on his way back to his car.
03:05He started revving his engine.
03:07He started moving his car forward like he was going to ram my car.
03:10And by the time I backed up enough for him to get out, he actually did make contact, but it didn't cause any damage at that point.
03:17He left the garage.
03:18I immediately picked up the phone and called 911.
03:20As I'm on the phone with the 911 operator, Mr. Keller enters the garage again from the other direction, gets out of his car and approaches me, reaching for my phone.
03:33I have pictures of the damage that was done to my car.
03:35Well, I thought you said there was no damage done to your car.
03:38The damage that happened to my car was a result of him shoving me to the side.
03:43When he shoved me to the side, it was this elbow, I guess, that caused the damage.
03:47When did he shove you to the side?
03:48When I went to take my key out of my lock, he came rushing over to me at my car and pushed me to the side.
03:53He got inside of my car, released my emergency brake, and started pushing my car backwards.
03:57Let me see the alleged damage to your car, sir.
04:07Those are pictures.
04:08I have a light-colored car.
04:09It's kind of hard to see it, but I tried to take it from an angle where you could see the indentures.
04:20It's very hard to see.
04:21I also have an estimate, Judge, where that particular place was estimated.
04:38Although I'm having difficulty seeing it, clearly, the place where you took your car in to be repaired,
04:43from where you claim that he came over and pushed you, you have a bill for $526.42.
04:53Okay, Mr. Keller.
04:55Judge, I would like to show a diagram of the parking lot in the car incident.
05:01This shows the train as which this is where Mr. Cherry was located working on the train.
05:12I came into work that morning about 7.30 a.m. after being on duty for 14 straight hours with nothing to eat.
05:21I went from this location here to my car, which was parked here.
05:26And as you can see, Mr. Cherry's car has me pinned in between a concrete wall and two other cars.
05:36I walked from this location through this door to the ticket window, and I asked the ticket agent.
05:42I said, there's a Mazda 626 parked out here.
05:46And I gave him the license plate number.
05:48I said, could you make an announcement?
05:49I thought maybe there was a passenger waiting to pick up someone that had just parked there and would be there for temporary time.
05:58The ticket agent, he said, I know whose car that is.
06:00That's Mr. Cherry.
06:01He works here.
06:02I said, well, could you get a hold of him and have him move the car?
06:05I'd like to go home.
06:06He went outside to look, and he said Mr. Cherry was way down at the end of the platform here working on the train.
06:11I said, okay.
06:12I said, I'm going to call the parking lot and find out if there is a policy of double parking here.
06:19But there are a lot of other cars that are double parked.
06:21There was one other car double parked.
06:23Well, I see that.
06:24So what did you do, sir?
06:25So I went in and I talked to the security.
06:28They said it was a matter that they couldn't handle.
06:31So then they suggested calling the police and calling the tow truck.
06:35And the tow truck said that he could not tow a car unless he had permission from the police,
06:41and the car had to be parked there for 48 hours.
06:43Okay.
06:44First you found out the car belonged to Mr. Cherry.
06:46So how long did that take?
06:47How many minutes?
06:48Probably about 10 minutes.
06:50Okay.
06:51And then you were still at that location when you called the tow truck?
06:56Yes.
06:58A tow truck.
06:59Did you have to get a number of a tow truck?
07:01Yes, out of the yellow pages.
07:02Okay.
07:02So you had to get the yellow pages, look up a tow truck, and call a tow truck.
07:06And about how long did that take?
07:07Another five minutes.
07:10So that's 15 minutes.
07:12Mm-hmm.
07:12Did you call the police?
07:14I spoke to the dispatcher, and they said that there was nothing they could do.
07:18That took another 10 minutes?
07:20No.
07:20How long?
07:21Just a couple minutes.
07:22Another five minutes?
07:23Yeah.
07:24Okay.
07:24So now we're up to about 20 minutes.
07:26Yes.
07:26Right.
07:27And then you decided yourself to walk over to where Mr. Cherry was working.
07:31Yes.
07:31And how long, sir, did it take you to get from the ticket window where you were over
07:37to where Mr. Cherry was?
07:39About three or four minutes.
07:41Judge Judy continues in a moment.
07:43I said, are you crazy?
07:46I said, do you realize what you're doing here?
07:49He says, look, you're lucky I don't get my gun out of my trunk and kill you.
07:53Real cases.
07:57Real people.
07:58Judge Judy.
08:00Railroad agent Timothy Cherry is suing railroad engineer Leroy Keller for assault after Timothy
08:06blocked his car.
08:07So my first question to you is, sir, instead of calling a tow truck, which took 10 minutes,
08:14calling the police, which took another five minutes, 15 minutes, why didn't you just take
08:20a three-minute walk over to where he was and say, why don't you move your car?
08:24Mr. Cherry and I have had an interaction before.
08:27What kind of an interaction did you have before?
08:30One evening about 11.30 p.m., I was on my way to work and I was coming into the parking
08:37lot.
08:38There is a stop sign that's displayed because there's a bad intersection.
08:42I stopped at the stop sign.
08:44Mr. Cherry drove around me at a high rate of speed to get to his parking spot.
08:50And I said to him, I said, did you know there was a stop sign back there?
08:55And he said, I'm from St. Louis.
08:58We don't stop at stop signs.
09:01So, what did you say?
09:04With that attitude, I figured there's no sense talking to a gentleman.
09:08So you didn't say anything to him?
09:09No, I didn't.
09:11Okay.
09:12So then you walked over there.
09:14Yes.
09:15What happened when you got over to him?
09:16When I got over to him, I said, do you own a Mazda 626?
09:21He said, yes.
09:22I said, well, you're blocking me.
09:24I said, I'd like for you to move the car.
09:27Is that the way you said it, sir?
09:28Yes.
09:29You sure about that?
09:31Yes.
09:32He said, I'll move it when I get done with my work.
09:35Right.
09:37The middle.
09:37And I said to him, I said, I have been delayed long enough.
09:43I would like to go home.
09:45I've been up for 14 hours, and I would like to go home.
09:50He said, I'll take care of it when I get done with my work.
09:55Once again, I suggested to him, I said, just give me your keys.
10:00I'll move your car for you, and I'll leave the keys at the ticket window.
10:03He threw his gloves down, and he started getting upset, cussing at me, and telling me that he wasn't going to give me his MF keys.
10:15He jumped out of this train car, and instead of climbing down the ladder, he tried to jump on top of me.
10:22And with my natural reactions of him coming out on top of me, I pushed to keep him away from me.
10:30Once he got down on the platform, then he started chest-butting me around.
10:35And I told him, I said, look, I said, I don't have time for this.
10:39I want to go home.
10:40So we walked from the train back through the depot.
10:45I went through the first door in the depot from the train station, through this door, and to my car.
10:54Mr. Cherry went back into the baggage room, through the employee's room, and he stayed back there another five minutes before he came out of there.
11:01Now, I sat in my car waiting for him.
11:04When he finally showed up, when he came through this door and he came out here, instead of getting directly in his car and initiating to move directly,
11:13he stood by his car with his arms folded and just grinned at me.
11:18So when he came over to his car, he put his keys in his door, unlocked his door, opened up his door, got into his car, sat in his car, and looked at me again.
11:28Then he got out of his car, and he went to the trunk.
11:33So I went over to look.
11:35I looked inside the car.
11:36I noticed it was a manual shift car.
11:39I popped it in neutral, and I put my shoulder on the doorpost and give it a push back.
11:46As I was pushing the car back with my door on the doorpost, when I looked up, Mr. Cherry has a baseball bat, and he was taking a swing at me.
11:54I said, are you crazy?
11:58I said, do you realize what you're doing here?
12:01He says, look, you're lucky I don't get my gun out of my trunk and kill you.
12:06And I said, that's it.
12:07Shh.
12:08Hey.
12:08I said, that's it.
12:09I got in my car.
12:11By that time, I had pushed it back myself.
12:14I got in my car.
12:15As I was leaving, I looked in my rearview mirror, and yes, he did have his cell phone out, and I figured, he's calling the police.
12:23I'm going to be in trouble if I leave the location.
12:27I pick up my cell phone in my car.
12:30I call the police.
12:31The dispatcher says, yeah, we have an altercation down at the Amtrak station.
12:35I said, I think I'm involved in that.
12:37I said, would you like me to return to the location?
12:40Yes, that would probably be the best thing to do.
12:42So I returned to the location.
12:44After talking to the police, they tried to resolve the situation, and they talked to us,
12:52and they explained to us that either one of us would file charges against each other.
12:57We're going to end up in jail that day.
12:59The officer told me, he said, if you go up to him and you just shake his hand and apologize to him and say, let's forget this, we'll let it go.
13:07So I went up to him, and I extended my hand.
13:09I shook my hand, and the officer said, go on.
13:13We'll take care of it.
13:14So a few days later, about three days later, my supervisor calls me, and he asks me about this situation.
13:24The company decides to hold a formal investigation.
13:28Through the formal investigation, the facts were gathered that both of us were at fault.
13:34Responsible.
13:35That's correct.
13:36And they docked you both a month's pay?
13:38They fired us both for 30 days.
13:41Okay.
13:42That's your cross-complaint.
13:44You want the amount of money that you lost for being fired for 30 days.
13:51That's what you say here.
13:52What I'm having a problem with is, after 30 days of being disciplined, Mr. Cherry files an assault report with the police.
14:02I have to go hire an attorney to represent me in this case.
14:06It cost me $700.
14:07The prosecuting attorney dropped the case due to lack of evidence on the police report.
14:14That wasn't good enough for Mr. Cherry.
14:16Now Mr. Cherry is filing a claim against me in small claims court.
14:19If I feel that, if anything, I'm entitled to the lawyer's fees that I've had to pay for, purely out of harassment, on Mr. Cherry's part of trying to get even with me.
14:34Judge Judy continues in a moment.
14:36He actually had his hands firmly put on my chest.
14:40All right, Mr. Cherry, you're not a wimp, are you?
14:43You're not a wimp.
14:44You weren't injured.
14:45He overreacted.
14:46Closed captioning.
14:47Sponsored in part by...
14:50Real cases.
14:52Real people.
14:53Judge Judy.
14:55Railroad agent Timothy Cherry is suing railroad engineer Leroy Keller for assault.
15:01Leroy is countersuing for lost wages and attorney fees that resulted from the fight.
15:06Let me tell you, I've heard your side of the story and I've heard your side of the story.
15:09Each of the stories flavored and colored a little bit to suit your own purposes.
15:13So let me tell you what I think happened.
15:16I think as far as the parking and blocking his car is concerned, Mr. Cherry, that was absolutely the wrong thing to do.
15:25You never know if you block somebody's car, whether it's five minutes, ten minutes, or an hour, or two hours, that say nothing.
15:33That there may be an emergency, somebody has to get their car out right away, and it's very irritating,
15:37especially when you're at some distance from where you have inconvenienced somebody.
15:42So I don't blame him for getting angry.
15:48Now, the fact that you had a history before suggests to me, Mr. Keller, that you were not as calm as you present yourself here today.
15:56I do not believe that after you spent 15 to 20 minutes trying to get even with him by having his car towed away by the police rather than walking three minutes over to where he was working to tell him to move his car, that you were happy with him.
16:11That you walked up to him and said, could you please move your car?
16:13I'd like to get out.
16:14That is inconsistent with human nature, and it's inconsistent with male testosterone.
16:19It just doesn't happen that way, Mr. Keller.
16:23So that he doesn't know what's happening, all of a sudden you come up, you've had a little tiff before, and you start screaming at him to move his car.
16:33And probably used a couple of expletives in the process.
16:38Then Mr. Cherry gets irritated, and he's going to take a walk back to help you move your car, but he's going to take his sweet time about doing it.
16:47So he's sitting in the car burning and stewing.
16:50Now, I absolutely think that he was 100% wrong to go into your car and move it physically.
16:58Now, what I want to know from you, Mr. Cherry, is once this was all over, sir, and you had your disciplinary proceeding, and you all went through getting laid off for a month and lost wages over this nonsense, why did you file assault charges against him?
17:14By him grabbing me in my chest.
17:16He made threats not only to me, but to my vehicle.
17:18When I got to my vehicle, Mr. Keller continued with his threats.
17:22It's a little overreacting, Mr. Cherry.
17:23He actually had his hands firmly put on my chest.
17:27All right, Mr. Cherry, you're not a wimp, are you?
17:29You're not a wimp.
17:30You weren't injured.
17:31He overreacted.
17:33I have some testimonies.
17:34He overreacted, sir.
17:35He overreacted.
17:36You know, I'm not giving him, I'm not going to give him an award or a testimonial dinner for his loud mouth, for his bad attitude, for doing the wrong thing.
17:45I think, judgment-wise, about your car.
17:50But there comes a point where you have to put a period and say, all right, this is enough.
17:54We both suffered from this incident.
17:55It was the wrong thing.
17:58Judge Judy continues in a moment.
18:01Mr. Keller, I believe, sir, that you overreacted to this situation.
18:20You got good and mad.
18:22I can imagine that.
18:23You've seen people in a parking lot waiting to get their car out for three minutes, and they get crazy if they want to get out of a parking spot and somebody is blocking them.
18:30So, Mr. Cherry, I am giving you the money to fix your car.
18:34I think that you both got hot under the collar, both of you.
18:39However, you had out-of-pocket that you can establish to me to fix your car, and I assume that you're fixing your car, sir?
18:46$526.
18:47As far as your counterclaim is concerned, Mr. Keller, I believe that in this instance, if I were to indicate that one person was the aggressor, in this case, it would be you.
18:59He may have known how to push your buttons, but once your button is pushed, that's your responsibility.
19:05And you did certain things that I could tell that somebody who was only very, very angry would do.
19:14Take control over somebody else's vehicle because they're not moving fast enough to push it away manually is something that somebody would only do if their testosterone level was up to their eyes.
19:24So, judgment for the plaintiff in the amount of $526.
19:27The counterclaim is dismissed.
19:29That's all.
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