Judge Judy Episode 9971 🌹🌹🌹 Best Amazing Cases Season 2025 Full Episodes p3 HD

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Transcript

00:00:00This is case number 54 on the calendar, the matter of Kozad v. Reyes.

00:00:03Probably has been sworn in, Judge. You may be seated.

00:00:07Mr. Kozad, you work as an attendant for someone who was ill, is that right?

00:00:12Yes, Judge Scheinler.

00:00:14And it is your claim that when you went to pick up some of this person's medical material at the

00:00:22doctor's office,

00:00:23you came in contact with the defendant who was a receptionist, is that right?

00:00:27That's correct, Your Honor.

00:00:28And there was some sort of a dispute as to whether you had the right to pick up these records.

00:00:35And there were, according, I guess to both of you, words exchanged.

00:00:39You left and were subsequently arrested and charged...

00:00:44There was no arrest, Your Honor.

00:00:46...subsequently charged with assaulting the defendant, and you incurred a great deal of expense.

00:00:53Lawyers' expenses, court expenses.

00:00:55Those charges were ultimately dismissed, according to you, and you are suing the defendant for malicious prosecution, correct?

00:01:04Yes, Your Honor.

00:01:05The defendant says that you did, in fact, assault her.

00:01:08She is counterclaiming for a variety of things as a result of that assault.

00:01:12So that's what this case is about.

00:01:14How long had you been working as an attendant, Mr. Kozad?

00:01:17I've been living with the particular person involved for about, it'll be nine years in November.

00:01:22Is this an employee relationship?

00:01:24No, Your Honor.

00:01:25We've just been roommates, and he has trouble with reading and writing, and so he assigned me power of attorney

00:01:31in 1998, which I have proof of.

00:01:34Okay.

00:01:35What records did you want?

00:01:38The results of a blood test called a PSA.

00:01:41PSA is usually for prostate cancer?

00:01:43Yes, Judge.

00:01:44Did you call the office first?

00:01:46Yes, I did.

00:01:46She said that she could not provide me with the results over the phone, but asked me if I had

00:01:52power of attorney, and stated that if I had brought it to the office, I could obtain the results.

00:01:56So what did you do, sir?

00:01:58I proceeded to, I discussed this with Leonard, who said that due to the fact that his next appointment wasn't

00:02:03for three months, he'd like to have the results in a more timely fashion.

00:02:07I went to the office, presented Ms. Reyes with the power of attorney document, and asked for the PSA results.

00:02:14She asked me for a copy of the power of attorney form, which I provided her with, and she said

00:02:21she would like to place it in Mr. Park's file.

00:02:24I indicated that was my only copy, and that if she could just take a copy of the original and

00:02:31then give me the results, then she said she wouldn't do that.

00:02:35She wouldn't make a copy of the power of attorney.

00:02:37Right.

00:02:37She handed me the form back, and then I stated to her if she didn't provide me with the results,

00:02:42I would call the police.

00:02:44And then she handed the phone receiver through the window to me and dialed the non-emergency number, which had

00:02:50an elaborate menu, and I asked her to press zero.

00:02:53And then she said, well, I have to go call the police somewhere else, and she took the phone away

00:02:59from me.

00:03:00How did she do that?

00:03:01She grabbed the coiled end of the cord that was attached to the base unit on her side of the

00:03:05wall and pulled on it.

00:03:07And I have in the police report that her colleague was there and stated that's what she did.

00:03:13Okay.

00:03:14Now, what's the next thing that happened?

00:03:16You left.

00:03:17No, I went downstairs to where the pharmacy was, and there's two pay phones there.

00:03:21And I called the police a second time on the 911 number, at which time they told me that in

00:03:27between the two calls, Ms. Reyes had made a call.

00:03:31And did I throw a phone at her?

00:03:32And I told her no.

00:03:34Then I sat down to wait for the police, and her colleague, Ms. Reyes, came down and sat right next

00:03:39to me and said that the whole...

00:03:40Don't tell me what Ms. Reyes said.

00:03:42That's hearsay.

00:03:42She sat next to me and talked with me for a while and said that...

00:03:46Don't tell me what she said.

00:03:48Then she went back upstairs, and then two officers came.

00:03:52At the time, there was no arrest, and she wrote down some notes on a small pad.

00:03:57Did you subsequently, sir, have to appear in court?

00:04:01Yes, Your Honor.

00:04:02I had to appear six times.

00:04:03Did you hire an attorney?

00:04:05Yes, I did initially, Your Honor.

00:04:07I have the receipts and the description of the things that the attorney did for me.

00:04:12Okay.

00:04:13And ultimately, you then had to use a public defender?

00:04:15Yes, Your Honor.

00:04:16Did the case ever go to trial?

00:04:18No, Judge.

00:04:19The case never went to trial.

00:04:21There was no arrest.

00:04:22The case was dismissed at the request of the DA.

00:04:25Do you have a letter to that extent?

00:04:27Yes, I do.

00:04:28Okay.

00:04:28So, what I would like to see first is the letter of dismissal from the district attorney.

00:04:36Then I would like to see your police reports, including the statement of Ms. Reyes.

00:04:41Your Honor, the police report also states that there were no marks or injuries upon...

00:04:44I will read it.

00:04:45Don't tell me what it states.

00:04:46Reading was one of the first criteria that I had to pass for this job.

00:04:55So, the district attorney decided not to prosecute this case?

00:04:58Yes, Your Honor.

00:04:59Okay.

00:05:00That's one thing.

00:05:09Well, this report from the police doesn't really bear out, sir, what you told me.

00:05:13He told me that he pulled the phone back and then threw it in the window towards the cradle.

00:05:19Cozad told me, I guess I wasn't as gentle with the phone as I could have been.

00:05:24He told me that when he threw the receiver, Reyes was near the back phone talking to someone

00:05:30and he did not see the phone hit her.

00:05:32Your Honor, I'd like to address that inconsistency.

00:05:35And the fact of the matter is that she was next to the phone because her colleague stated

00:05:40the same thing, that she was next to the phone.

00:05:42The colleague, Miss, also said that you threw the phone.

00:05:48Your Honor, what she perceived as a throwing of the phone was due to the tension developed

00:05:51between me holding the handset and Miss Reyes holding the cord.

00:05:55I released the phone and it went back through the window.

00:05:58Cozad, according to Miss, pulled the phone back and then threw it through the window.

00:06:05That's what she says.

00:06:07Duke Cozad says office manager Yolanda Reyes had him falsely arrested after he attempted

00:06:13to retrieve his friend's medical records.

00:06:15Yolanda says Duke threw a telephone at her.

00:06:18She, that's Miss, went downstairs not to comfort you, sir, but to get the license plate number

00:06:27of your car.

00:06:28That's what she went down for.

00:06:30Well, Your Honor, how would she know what kind of car I drive to do this?

00:06:33I'm just telling you, there are inconsistencies here with the story that you tell.

00:06:37Your Honor, the officer, while she did an exemplary job, was a trainee and made other

00:06:41inconsistent remarks on her report, too.

00:06:43Sir, I'm just telling you, these are your reports.

00:06:44These are the reports you gave me.

00:06:45The items in quote, I did say.

00:06:47I wasn't as gentle with that phone as I could have, but everything else is the officer's

00:06:51words.

00:06:51And you threw it.

00:06:52And you threw it.

00:06:52And Miss says you threw it.

00:06:53You asked me to look at Miss Reyes' statement.

00:06:55Miss Reyes says that you threw the phone.

00:06:56That doesn't mean necessarily that it hit her, because nobody saw it hit her.

00:07:01And the police officer saw absolutely no bruising on her, no marks, nothing.

00:07:07So I don't know whether you hit her or not.

00:07:09What makes you think, Miss Reyes, that it's against the law to turn over a patient's records

00:07:16to the patient?

00:07:18Those are the rules, and I have a letter from the doctor.

00:07:20I don't give a rat's tutu about what the doctor's rules are.

00:07:26Doctor's rules are not law.

00:07:28You said to the police, according to policy and the law, patient's records are their records.

00:07:34And the patient wants the test results, and the patient's allowed to get the test results.

00:07:38Period.

00:07:39End of discussion.

00:07:40And if he's got a power of attorney, he stands in the same place as the patient.

00:07:44Right?

00:07:44That's one thing.

00:07:45Yes.

00:07:45So you were wrong.

00:07:47He had a power of attorney.

00:07:49Now, my next question to you is, I assume that in a medical office you have a fax machine

00:07:54or you have a copy machine.

00:07:55Is that right?

00:07:56Yes.

00:07:56Why didn't you volunteer to make a copy of his power of attorney?

00:08:00I did.

00:08:01I did.

00:08:01He got mad.

00:08:02Wait, just a minute.

00:08:03You said to him, nicely, when he came in, is that the power of attorney we talked about?

00:08:09I'll take it.

00:08:10Let me make a copy and put it in the file.

00:08:11Exactly what I did.

00:08:12Is that what you said?

00:08:12Exactly what I did.

00:08:13Is that what she said?

00:08:14She said, I'd like to place this in the patient's file, meaning the copy I had.

00:08:18I said, that's my only copy.

00:08:21Could you, I can't release this copy to you.

00:08:24I need to retain possession of this copy.

00:08:27Did you ask her to make a copy of it?

00:08:28I don't remember, Your Honor.

00:08:30I don't know whether she said she had to make a copy or not because when you got off the

00:08:35phone with her that morning, she was hell-bent on trying to contact the patient himself.

00:08:40So she called the patient and you spoke to her on the phone and said the patient's doing

00:08:45the laundry.

00:08:45He cannot come to the phone.

00:08:47Right?

00:08:48I said he was out.

00:08:49I didn't say he couldn't come to the phone, Your Honor.

00:08:51I said he's outside doing the laundry.

00:08:53That's exactly what I said.

00:08:54Mr. Kozak, let's not split hairs here, sir.

00:08:58So then you come down to the office after she has tried to get in touch with the patient,

00:09:01I assume to verify that, you know, it's okay to give you the record.

00:09:05She's not able to do that.

00:09:06So I don't think that you were...

00:09:08Your Honor, she did know because I accompanied Mr. Park to the office on two previous occasions

00:09:12to fill out his forms.

00:09:14I don't care.

00:09:15They don't want to get sued.

00:09:16They don't want to get sued by giving any of his medical history to somebody if they're

00:09:22not absolutely positive that that's what the patient wants, especially if you're not his

00:09:26guardian.

00:09:27You may have power of attorney.

00:09:29However, you have power of attorney, it allows you, I assume, to get what you need.

00:09:32Let me just take a quick look at your power of attorney, sir.

00:09:35I'd like to see it.

00:09:48Claims and litigation, personal and family maintenance, benefits from Social Security,

00:09:54Medicaid, Medicare, and the military, retirement plan transactions, and tax matters.

00:10:00Nothing here says that you have the right to his medical records.

00:10:03You want to take a look at it again?

00:10:15Your Honor, under item K, where it says benefits from Medicare, Medi-Cal, etc., Mr. Park paid

00:10:22for his doctor's visit with a Medi-Cal card.

00:10:25Stretching!

00:10:26There's a difference between paying for it with a Medi-Cal card, Medi-Cal card, check,

00:10:31or anything else.

00:10:31It doesn't give you the right to get his medical records.

00:10:36I'm an error, Your Honor.

00:10:38You are.

00:10:38So that if Ms. Reyes had given you these medical records, and if Mr. Parks had sued

00:10:45the doctor for turning over those medical records, they would have been unprotected.

00:10:50That's not to say that you hurt her.

00:10:53Now, Ms. Reyes, I would like you to tell me your version of what happened.

00:10:57I got a call on September 21st, around 9.30 in the morning, from this gentleman here, Mr.

00:11:04Kozak.

00:11:04He told me, he explained to me, I've been reading an article on the paper in regards

00:11:08to the PSA, and I want to get Leonard's, you know, test results.

00:11:14I said, well, first of all, I don't have that right.

00:11:19The doctor is the only one that can release that information to the patient.

00:11:24He said, well, you know, I have power of attorney.

00:11:27I said, well, as soon as the doctor comes, I will have him call you and release that information

00:11:33to you.

00:11:34He got upset, and he hung up.

00:11:37I gave it a few minutes to call the patient and let him know that the doctor will give

00:11:43you a call and give them to you, and if you have any questions, you can have all your questions

00:11:47answered.

00:11:48Okay.

00:11:49When I called, he said, no, he's out doing laundry and hung up on me.

00:11:53About an hour later, he shows up, very hostile, irate, demanding that I give him the test results

00:12:00of that PSA of our patient.

00:12:01I again told him, I can't release this information to you.

00:12:05The doctor needs to release this to you.

00:12:07I asked him to see the paperwork.

00:12:09He gave it to me.

00:12:10I proceeded to step just not even five feet behind me to the copy machine, and he started

00:12:15getting very hostile at the window.

00:12:17What did he say?

00:12:18He said, give me my paperback.

00:12:19No, I didn't say you could make a copy of it.

00:12:21Give it to me right now.

00:12:22He goes, I'm going to call the cops.

00:12:24Go ahead.

00:12:25I said, hold on.

00:12:27I gave him back the paperwork, called the police department, handed him the phone.

00:12:31I wasn't on the phone, so I didn't know the prompts that you have to go through, and we

00:12:37had another call.

00:12:38There's another phone behind me, say, maybe eight feet at the other desk, and my medical

00:12:43assistant proceeded to get that call.

00:12:45She had a question regarding one of the patients that was calling.

00:12:48So you walked over there?

00:12:50No, I did not.

00:12:50I did not walk.

00:12:52I stood right here.

00:12:53Here's my desk.

00:12:54Here's the phone.

00:12:56Here's the window.

00:12:57I grabbed the phone, gave him the cord.

00:12:59He stood right at the window, and as I did that, he started getting irrational.

00:13:03Oh, well, I take back those comments that I made about you.

00:13:05I thought you were more intelligent and professional than this.

00:13:08And, you know, I said, wait a minute here.

00:13:10I said, you know, you really need to leave because we had two patients coming in.

00:13:14I told him.

00:13:14You need to leave.

00:13:15You need to leave and call, you know, the cop somewhere else.

00:13:19I hung up the phone.

00:13:20You pressed the button to hang up the phone.

00:13:22To hang up the phone.

00:13:23You know, I thought I was doing him a favor.

00:13:25Okay, whatever.

00:13:25You weren't doing him a favor.

00:13:26He stepped a couple feet back, stretching the cord like an angry face, like just trying

00:13:31to break my phone, and then threw it at me, and it hit me here and here.

00:13:36You were not injured other than...

00:13:38Just the phone just slamming me really hard from it going and him pulling it because he

00:13:43caused it, you know.

00:13:44You didn't receive any medical treatment.

00:13:46No, I didn't.

00:13:48I did not.

00:13:48Okay, but you decided to press charges against him.

00:13:52Yes.

00:13:52Tell me why.

00:13:53For the mental anguish, because, I mean, after that day, of course, I left.

00:13:58I left my work.

00:13:59Yes, I did.

00:14:00I didn't come back for two days.

00:14:01You were upset.

00:14:02Okay.

00:14:02And I still proceed to lock the door.

00:14:04Your Honor, she called her husband who threatened me in the hallway of the medical office.

00:14:07I'm not...

00:14:08Just a second.

00:14:08Am I talking to you?

00:14:09No, Judge.

00:14:11Go ahead.

00:14:11You left that day.

00:14:12And what kind of harassment do you say you've suffered since then?

00:14:15Physically, the public defender came into our office like five times trying to tell me

00:14:19we could settle this out of court right now while we have patients, no consideration for

00:14:24the doctor's business at all.

00:14:25That can't be attributed to him.

00:14:26And his lawyer, that the public defender, sometimes they get a little bit overzealous.

00:14:32Oh, I understand.

00:14:34They're doing their job, but I mean...

00:14:35A little bit overzealous.

00:14:36You know, so he comes to your office and he figures he'll make a pest out of himself.

00:14:40He'll say, forget it.

00:14:41And on the 28th, his brother called me and insisted that I release the chart to him.

00:14:48He said, I'm coming from the airport right now and I'm going to get that chart.

00:14:51I said, no, you cannot come to the office.

00:14:53You can't attribute that to him either.

00:14:55By the way, did the brother come to the office?

00:14:57No, we told him not to and I called the police and it's stated in here also.

00:15:01What else?

00:15:01What are the harassment?

00:15:02Other than just not feeling safe at my place of work, wondering if he's going to walk in

00:15:08because an hour later he walked through the door.

00:15:15That only happened once, is that right?

00:15:17But he's called, yes.

00:15:18I've never called.

00:15:19Shh, shh, shh.

00:15:20The once that he showed up in the office to get the medical records was this one day that

00:15:24this happened.

00:15:25Mm-hmm.

00:15:25Is that right?

00:15:26Mm-hmm.

00:15:26All right, you count the claims dismissed.

00:15:28Now let's get to your claim.

00:15:29A, Mr. Kozak, you did not have a power of attorney to get medical records, at least on its face.

00:15:34There are certain specified things that you are, that you are unable to do as a result

00:15:39of the power of attorney and getting medical records is not one of them.

00:15:43So you were wrong to go there and to confront Ms. Reyes with regard to those medical records

00:15:48because she would have been negligent had she given you those medical records.

00:15:51I find that by your own statement to the police, immediately after this incident occurred,

00:15:58you threw the phone at the defendant.

00:16:01I never said that, Your Honor.

00:16:02Those were officer's words.

00:16:04You gave me the report.

00:16:05That was what other officers reported immediately after this incident.

00:16:09Incorrect, Your Honor.

00:16:10That report wasn't written for two days as subsequent to the event itself.

00:16:14This is nine months later, sir, and nine months later, your memory is not as fresh as what

00:16:21happened as it is two days later.

00:16:24Mr. Kozak, I'm making my ruling now.

00:16:25This is not the time to argue.

00:16:27You, whether you threw the phone at Ms. Reyes and hit her or threw the phone at Ms. Reyes

00:16:34and even if it missed her, that is either an assault or an attempted assault.

00:16:39And I find that you did, in fact, throw that phone through the window so that she had a

00:16:45right to pursue her remedy and be a complainant in a case.

00:16:51Now, the fact that the prosecutor's office determined, put your hand down, not to prosecute

00:16:58you because they have better things to do, does not mean that the incident did not happen.

00:17:04Certainly, I don't believe that this was a malicious prosecution.

00:17:08You acted badly that day.

00:17:10She tried to do the right thing.

00:17:11She did, in fact, call the patient to try to get in touch with the patient after she spoke

00:17:15to you.

00:17:16I believe that you did hang up on her when she called, that you went to the office.

00:17:20You went with a faulty document.

00:17:22She refused to give you those records.

00:17:24She had an absolute right to do that.

00:17:26You got angry.

00:17:27You threw the phone at her and she had you either arrested or charged.

00:17:32That is her right as a citizen and your lawsuit is dismissed.

00:17:34That's all.

00:17:35The district attorney, what it came to date.

00:17:38Yes, case number 138 on the calendar in the matter of Dent versus Bowen.

00:17:42Parties have been sworn in, Judge.

00:17:44You may be seated.

00:17:45Folks have seats.

00:17:46All right, this is a strange little tale.

00:17:47Let me see if I can put it in perspective.

00:17:49Ms. Dent, the defendant is your son.

00:17:51Yes.

00:17:52According to your complaint, it came a time when he wanted to buy a car.

00:17:56You thought it was a good deal.

00:17:58You paid for the car with the understanding that he would pay you back.

00:18:02At the time that the car was purchased, he did not have a driver's license and the car

00:18:08was not supposed to be driven.

00:18:10It is your claim he did not pay you for the car.

00:18:13To make a long story a little bit shorter, anyway, there came a time when your son was

00:18:18incarcerated.

00:18:19He says that when he was released from jail that he delivered by messenger a money order.

00:18:28You have not cashed the money order.

00:18:30In the meantime, he says that you made arrangements for the police to be involved.

00:18:37The police impounded the car.

00:18:40There were impound fees of almost $900.

00:18:43So you're suing him for the cost of the car.

00:18:46He's suing you for the cost of the car plus the impound fees.

00:18:50Is that pretty much the story?

00:18:52Pretty much.

00:18:53Now, when was the car purchased?

00:18:55It was March 3rd was the day that he called me and it was indeed a good deal.

00:19:03How much was the car?

00:19:04When he called me on the phone, it was $100.

00:19:06When I got there, it had gone up to $150 after I had come back from the bank.

00:19:12$150?

00:19:13Right.

00:19:13Is that what you paid for the car?

00:19:15No, I paid $120.

00:19:17Well, could somebody explain to me why then you people have filed a lawsuit?

00:19:22You want $1,500 for this car?

00:19:25Well, that's the value of the car.

00:19:28Get that out of your head.

00:19:29You paid $120.

00:19:31That's what he was supposed to pay you back.

00:19:32Is that right?

00:19:33Right.

00:19:34Did you pay your mother back?

00:19:35Yes, Your Honor, I did.

00:19:37Show me.

00:19:48Your husband received payment for the car, money order.

00:19:52Why didn't you cash it?

00:19:53My boyfriend received that.

00:19:55Boyfriend?

00:19:56Yeah, and I wasn't home at the time.

00:19:57Do you live there?

00:19:58Yes.

00:19:59Why didn't you cash the money order?

00:20:00Because he didn't make me aware of it.

00:20:02The first I knew that there was a money order there was the day the police showed up to

00:20:06my house when he was claiming auto theft.

00:20:09You mean you don't speak to your boyfriend?

00:20:11Well, I work.

00:20:13He goes to school.

00:20:13There are days that we don't have words, yeah.

00:20:16Well, but now you know about it.

00:20:17So where's the money order?

00:20:19I have it.

00:20:20Well, why didn't you cash it then?

00:20:21You would have been paid.

00:20:22Now you know that he paid you on time.

00:20:24Because there's a lot more to the story than that.

00:20:26Just a minute.

00:20:27One thing at a time.

00:20:28He paid, as a matter of fact, the money order was for $151.

00:20:34So cash your money order and then you've been paid.

00:20:36That was your agreement with him, correct?

00:20:38Right.

00:20:38Fine.

00:20:39He was supposed to pay for that car by April 2nd.

00:20:42It was to stay at my house parked.

00:20:45He had stolen license plates from Mike's Pinto and had put them on this car so he could drive it.

00:20:51Well, that was terrible.

00:20:53It was.

00:20:53You shouldn't have done that.

00:20:54Your Honor.

00:20:55You shouldn't have driven the car.

00:20:56You had no license.

00:20:57That's right.

00:20:57Right?

00:20:58Correct.

00:20:58So, and that breached your agreement with your mother, right?

00:21:01No.

00:21:01Actually, my mother gave me permission to borrow the car.

00:21:04Listen to me.

00:21:05I'm sorry.

00:21:05You have no license.

00:21:06Your mother cannot grant dispensation from state law which says you require a license to drive.

00:21:11So there may be a lot more to it.

00:21:13But bottom line is, you lent the money for the car.

00:21:16That's what you were suing him for.

00:21:17Not $1,500 because that's not what the car cost.

00:21:21And he's paid you.

00:21:22So, um.

00:21:23So you got your money back.

00:21:24Cash the money order.

00:21:26Your Honor.

00:21:27Now let's get to your counterclaim.

00:21:29I think it's pertinent to address the issue of this whole reason she kept the car from,

00:21:34came and took the car from me and kept it.

00:21:36I got out of jail May 30th.

00:21:38The money wasn't originally due until April 2nd.

00:21:41She took the car, knew I didn't get paid until April 1st, took the car because I came forward

00:21:46and confessed that I knew that she was, she asked me to help her plant drugs on my stepfather for

00:21:52a paternity case that she was losing or felt she was losing.

00:21:56Excuse me?

00:21:57There was a custody issue with her and my stepfather.

00:22:00Yes.

00:22:01Over my brother.

00:22:02How old is your brother?

00:22:03He is four years old now.

00:22:04Go ahead.

00:22:04She asked me to help her get a stolen gun originally for her boyfriend supposedly that couldn't own a gun.

00:22:11And I said, why would he want a stolen gun if he gets caught with it?

00:22:14It's even worse.

00:22:15So I said, what are you trying to do?

00:22:17She said, Richard, her husband, ex-husband is winning the case.

00:22:20She feels he's wrongly winning.

00:22:22Help me get something that's a felony so I can get him to lose.

00:22:26And I helped her and I'm ashamed of that.

00:22:28Why did you help her?

00:22:29I helped, I called a friend that could help her get some drugs.

00:22:31What kind of drugs?

00:22:33Methamphetamines.

00:22:34And what did you do with them?

00:22:35They were delivered to her house.

00:22:36She paid for them.

00:22:37Delivered to her house?

00:22:38Yes.

00:22:39I called her the next day and said, I feel wrong about this.

00:22:41I can't send him to jail.

00:22:42I've gone to jail for stuff that I didn't do because of you.

00:22:44I don't want him to go to jail for this.

00:22:46And I came forward and told him.

00:22:48And she held the car against me, telling my brother, tell Brandon if he changes a statement in court that

00:22:54this is all a lie,

00:22:55I didn't really do this and I'll give your car back.

00:22:57And I haven't done so.

00:22:59And I located my car, went there to have it towed out of her witness's yard because I paid her

00:23:04for the money and extra money.

00:23:05I paid her the $25 she filed on me.

00:23:07She wanted me to repay her that.

00:23:09She told me, change your statement, pay me $150, which is $25 more than you actually owe me because I

00:23:14filed on you.

00:23:15It cost me $25.

00:23:16So pay me that.

00:23:16She filed on you for what?

00:23:18For the car.

00:23:19You mean when she filed in small claims court?

00:23:21She wanted me to pay her that $25 back.

00:23:23The fee?

00:23:23Yeah, and I called the tow truck, went to go repossess my car out of the yard after it was

00:23:28paid for.

00:23:29The tow truck guy said that she won't let me on her property.

00:23:32I left, came back like 20 minutes later.

00:23:34The tow truck guy was pulling it out, said Stephanie told me to impound it as soon as I left.

00:23:37So they deliberately, out of spite, had it towed when I was there to remove it like 20 minutes before.

00:23:43This is all because I won't lie and say that she didn't do this.

00:23:46Jeannie Dent says her son, Brandon Bowen, owes for the value of a car.

00:23:51Brandon says his mother asked him to frame her ex-husband.

00:23:55Where's your $120 car?

00:23:57It is at my house.

00:23:58I got it out of impound.

00:23:59I don't want the money for the car.

00:24:00I just wanted my car back.

00:24:01And I just wanted to...

00:24:02And you have it now.

00:24:03Yeah, I just wanted to pay for the jammages.

00:24:04She kept...

00:24:05The lady that had the car, her witness, kept the key.

00:24:08The impound people had to unlock the door and take the ignition out and all that has to be replaced.

00:24:13I have estimates how much that's going to cost.

00:24:14Well, how much is it going to cost?

00:24:16It's going to cost just for the locks, not including the ignition.

00:24:19All the locks from Chet's Locksmith is going to be $367.

00:24:23Forget it.

00:24:24Let me explain something to you.

00:24:25Okay.

00:24:26I'm not giving you, sir, three times the cost of the car to put in a new lock.

00:24:29I don't want the cost of the car.

00:24:31No, but you understand me?

00:24:33The whole car cost $120.

00:24:35Yeah.

00:24:35You think that I'm going to order her to pay $300 and how much?

00:24:39$27.

00:24:40$27 to put in a new lock?

00:24:42Forget it.

00:24:43Okay.

00:24:44Bottom line is, you got your money.

00:24:46You got your car.

00:24:48Correct.

00:24:49You don't like each other anymore.

00:24:51I actually...

00:24:52I love my mom.

00:24:53Well, it certainly doesn't sound like it to me.

00:24:56What were you in jail for, Mr. Bowen?

00:24:58She alleged that I used to live...

00:25:00I lived with her for a short period of time, and I was $50 short of paying half for rent.

00:25:05She told me her new boyfriend doesn't like me.

00:25:07I had to leave because she had a doctor's appointment.

00:25:09I climbed back through my bedroom window.

00:25:11She came home and called the police, and her and my sister made up a story that we stole

00:25:14a bunch of stuff, which is not true, and I went to jail.

00:25:17Just a minute.

00:25:17What did you go back to jail for recently in March?

00:25:20That was to serve the last four days of the sentence for climbing through her window.

00:25:23Were you the complainant on that case?

00:25:25Yes, I was.

00:25:26He broke into my home.

00:25:28I was living there at the time.

00:25:29Which is just one of many things that have happened.

00:25:32Why do you think that you would be entitled to $1,500?

00:25:35Because that new contract was signed after constant badgering.

00:25:39He was calling my work, and every time that I would hang up on him, and he'd call back,

00:25:43he would hang up on my boss.

00:25:44My job was at risk.

00:25:46My boss said, this has got to stop.

00:25:48That's not true.

00:25:49And it was creating a problem for me.

00:25:51He was calling my house.

00:25:52You know, I get seven phone calls, five are hang-ups.

00:25:54He's your child.

00:25:56He's your child.

00:25:57Yeah.

00:25:57And if you bought him a car for $120, and that's what all this fuss is about.

00:26:00He's my child who's broken into my home, who's stolen money from me.

00:26:03I don't understand it.

00:26:04Did you ever have drugs delivered to your house?

00:26:06No, I did not.

00:26:07And I have a couple statements here.

00:26:09He wrote a statement first and says that the person I'm in this battle with, first he writes

00:26:13a statement and says that this person, Richard, is coercing him to write a statement in lieu

00:26:18of furniture.

00:26:19And he comes to me and tells me that, and I said, well, then maybe you should write that

00:26:22down.

00:26:23So he did, and I have that with me.

00:26:25Then he goes to Richard, the other person, and writes the statement.

00:26:29A couple days later, he's got furniture.

00:26:31Then he comes back and writes another statement and says, well, that was not true, and I recant

00:26:37all that, which I have also.

00:26:39Sounds like you shouldn't get your child involved in your own domestic court situations, especially

00:26:47when the child is an adult child and doesn't have anything to do with the custody battle

00:26:52that you're currently involved in.

00:26:54Neither you or his stepfather should do that.

00:26:56In any event, you've got your money.

00:26:58You've got your car.

00:27:00Goodbye.

00:27:00Good luck.

00:27:01Well, thank you, Your Honor.

00:27:02Happy life.

00:27:03She's a drug addict.

00:27:04I can't believe that someone that was supposed to be my mother would actually sit here and

00:27:07do this and say things like this.

00:27:09Enough is enough.

00:27:10And now, the next case.

00:27:12All parties in the matter are Foster Nelson versus Winders Burgess.

00:27:16Step forward, please.

00:27:1817-year-old Anthony Nelson and his stepfather, 35-year-old pipe fitter Scott Foster, are suing

00:27:24Anthony's former friend, 15-year-old James Burgess, and his mother, 41-year-old waitress Kim

00:27:30Winters.

00:27:30Anthony claims James took his quad runner without permission and flipped it.

00:27:36What's your first name?

00:27:37Anthony Nelson.

00:27:38Well, that's your first and your second name.

00:27:40But it goes together.

00:27:41Anthony?

00:27:42Yes, ma'am.

00:27:43Anthony, you have some sort of a bike.

00:27:45What sort of bike is it?

00:27:47It's a four-wheeler.

00:27:48What's a four-wheeler?

00:27:49It's a quad cab.

00:27:51It's like a motorcycle, but it's got four wheels.

00:27:54When did you get that?

00:27:55Early in January or late January.

00:27:59Do you ride it?

00:28:00Yes, ma'am.

00:28:02How did I know that?

00:28:06Did you ever have one as a child?

00:28:08I had motorcycles.

00:28:09I didn't have them back then.

00:28:10But as soon as you saw it, you had to have it.

00:28:12Oh, yes.

00:28:13For your son.

00:28:14Right?

00:28:16You understand that?

00:28:18Yeah.

00:28:18All right.

00:28:19Just so I don't know if I'm disturbing you.

00:28:21It's a guy.

00:28:24Three-letter word for insect.

00:28:26Gotcha.

00:28:30According to your complaint, Anthony, the defendant, this young man, was with you one day, and you

00:28:37were with some other people who also had fathers who wanted these four-wheelers, who bought

00:28:41them for their children.

00:28:43And the defendant, without your permission, got on the bike, rode it, had an accident with

00:28:47it, and damaged it.

00:28:49You want him to pay, or his mother to pay.

00:28:51That's what this case is about.

00:28:53Yes, ma'am.

00:28:53I'm not exactly sure what your defense is, that he gave you permission to ride it, and

00:28:58the cost of fixing it was too much, but I'll get to it in a second.

00:29:01How many boys were you out riding with?

00:29:03There was four of us all together, ma'am.

00:29:05How many boys had bikes?

00:29:06The defendant had a motorcycle, and the rest of us had four-wheelers.

00:29:10So tell me what happened.

00:29:11We got out of school early, and a couple of my friends and me, we wanted to go for a

00:29:15ride.

00:29:16It seemed like a nice day.

00:29:17We were out riding for a couple hours, and we decided to go take a break.

00:29:22Was James with you at the time?

00:29:23Yes, ma'am.

00:29:24He was one of us that was riding with us.

00:29:26We went back to Michael's house, my friend, to take a break.

00:29:30We were in his driveway talking, and the defendant got on my four-wheeler and took off in reverse

00:29:36without asking my permission to get on it.

00:29:39And we ran out after him, but he was already too far out, and you couldn't hear us because of

00:29:44the motor.

00:29:45And by then, he hit the back brake and locked up the axle and flipped the four-wheeler over.

00:29:50We ran out to see if he was all right.

00:29:53We picked the four-wheeler up, looked over it.

00:29:55We talked about it a little bit.

00:29:58He said, all right, I'll pay for the damages, and we'll go and call RTD.

00:30:02That's the dealership.

00:30:03We'll call RTD and see how much it is, and we'll handle it from there.

00:30:07What parts were damaged?

00:30:08The plastic was all scratched up.

00:30:11The front steering column was bent.

00:30:14The whole brake assembly was ruined.

00:30:17We had to replace that.

00:30:18It wasn't rideable.

00:30:19You couldn't ride it.

00:30:20So you got an estimate?

00:30:22Yes, ma'am.

00:30:22From the place where you would purchase the bike?

00:30:24Yes.

00:30:24Can I see the estimate, please?

00:30:29There's a letter stating that it was in brand-new condition.

00:30:33Here's the repair order.

00:30:35Here's what I actually bought so that we could continue to ride it.

00:30:44The entire cost of repairing the bike is $918?

00:30:48Yes, ma'am.

00:30:49What's $1,027.11?

00:30:52That was for my time off of work.

00:30:54I took a half day off when I figured we were going to court,

00:30:56and my labor was a lot cheaper than theirs.

00:31:00Clearly.

00:31:00Yes.

00:31:02Okay, let's hear you.

00:31:03Ma'am, I did have permission to ride the four-wheeler.

00:31:06We were all sitting in the driveway.

00:31:08We were standing, talking around.

00:31:10Mike just got back from riding it.

00:31:11Mike took it down the road, come back.

00:31:13I go, Anthony, can I ride it?

00:31:14He goes, hold on one minute.

00:31:15Let it cool down.

00:31:16A few minutes later, I asked him.

00:31:17He said, yes.

00:31:18I was backing down the driveway.

00:31:19I hit the rear brake, and the four-wheeler came back.

00:31:22I jumped to the side of the four-wheeler.

00:31:24You damaged the bike, right?

00:31:25Yes.

00:31:25So why shouldn't you pay for it?

00:31:27I feel it was equal responsibility on both parts.

00:31:30Why is that?

00:31:31I've had people blow my stuff up.

00:31:33I got a YZ 125 and 96, and I've had people blow it up, and I've always replaced everything

00:31:39anybody else has.

00:31:39Then you're a good guy.

00:31:40But if you borrow somebody's car, and you wreck it, and unless there's insurance that covers

00:31:47it, it's your responsibility.

00:31:49Yes.

00:31:49The fact that he said that you could drive it doesn't relieve you of that responsibility.

00:31:54You want to say something?

00:31:55Yes.

00:31:56The main reason we're here is from the discrepancy in what was supposed to be wrong with the four-wheeler.

00:32:03They went to my house.

00:32:05They called RTD, said it was just the clutch lever, brake lever, and it was $87.

00:32:11They called and said, this looks like it's wrong with the bike, right?

00:32:15Yes.

00:32:16And they said, well, if that's all that's wrong with the bike, and it's $87.

00:32:20Yes.

00:32:21But clearly, when they took the bike down there...

00:32:23Can I say one more thing?

00:32:24Sure.

00:32:24It turned out to be a lot more damage to the bike.

00:32:26He came to my house.

00:32:27The father and the son came to my house a few weeks afterwards with an estimate of $400

00:32:33and some dollars.

00:32:35And he said, your son did this.

00:32:37Will you pay it?

00:32:38And I said, what happened to $87?

00:32:41And he got mad, upset, and I said, no, I won't pay the $400.

00:32:46$400 and whatever dollars it was.

00:32:48So he went to go out of my driveway.

00:32:50He threatened my son.

00:32:51He threatened to beat my...

00:32:53Where's the exact words?

00:32:54He goes, your ass is beat.

00:32:55He threatened my son, and...

00:32:57That's not good.

00:32:59At that time, it was $400.

00:33:01$400 and some odd dollars.

00:33:03Did you ever give them an estimate of $400 and some odd dollars?

00:33:04No, I did not, ma'am.

00:33:05I walked to her door to ask her to pay this damages, and she...

00:33:09Her exact words.

00:33:10I'm sorry.

00:33:12That's not what I'm asking you.

00:33:13She said that you showed her a bill at one point for $400.

00:33:16No, ma'am.

00:33:17She wouldn't even look at it.

00:33:18That's the actual estimate I gave her.

00:33:20She wouldn't even look at it.

00:33:20Well, this is dated March the 2nd, which is shortly after the accident.

00:33:24Correct.

00:33:24He must have went and got that after he left my house.

00:33:28What he brought to my house was $400 and some dollars.

00:33:30What date did he come to your house?

00:33:32You know what date it was?

00:33:33I'm not exactly sure what date he'd come to my house, but all the kids at school knew

00:33:38it was $427, and then we got the statement in the mail that was $1,027.

00:33:46Has the bike been fixed?

00:33:47I fixed the steering part so that we could ride it.

00:33:49And how much did you spend on the steering?

00:33:51You have the paperwork up there.

00:33:52Is that the second bill?

00:33:53Yes, ma'am.

00:33:55$219?

00:33:56Yes, I believe that's what it was.

00:33:58All right.

00:33:58And the rest of it has not been done?

00:34:00No, ma'am.

00:34:01That's very, very easy.

00:34:04I'm entering an initial order of $219.73.

00:34:10And what you folks will do, since you all live in the same neighborhood, is we'll pick

00:34:15a date.

00:34:15You all go down to RTD Motorsports and satisfy yourself what the bill is.

00:34:21I will enter a maximum order in the amount of $918 to be held until both of you go down

00:34:30and satisfy yourself what the bill is.

00:34:32Do you understand?

00:34:32Does that sound fair to you?

00:34:34I mean, no, it doesn't sound fair to you.

00:34:36He says he had permission.

00:34:37It's his responsibility.

00:34:38He wrecked the bike.

00:34:39And if he wants to be a good guy and take care of it when other people wreck his bikes,

00:34:45that's up to you.

00:34:46You wreck this one.

00:34:47It's your responsibility.

00:34:48The only difference is the cost of repair.

00:34:50And I don't think that you can exaggerate the cost of repair.

00:34:53You actually spent $219 that you get.

00:34:57Then five days from today, you boys make arrangements with your parents, if necessary,

00:35:02to go down to RTD Motors, see what it's going to cost to fix the bike for a maximum

00:35:06of total $918.

00:35:09And then the court will enter judgment in that amount.

00:35:12Do you understand?

00:35:13Yes, ma'am.

00:35:13Does that sound reasonable to you?

00:35:15Yes, ma'am.

00:35:16Perfect.

00:35:16Court will draft the order.

00:35:18Parties are excused.

00:35:19You may step out.

00:35:21Stay there.

00:35:22She would sign over her 1996 Corsica to me.

00:35:25And I agreed to pick up the payments.

00:35:27That's what you wrote.

00:35:28Well, she said that she moved there.

00:35:30I'm just telling you that's what you wrote in your complaint.

00:35:33And as it turns out, your mother did not stay in Hawaii, but she came home.

00:35:37When did she come home?

00:35:39About a week and a half before March the 1st.

00:35:43When did she leave?

00:35:44Right before the 1st of October.

00:35:46That's not true.

00:35:47When did you leave?

00:35:48November 8th.

00:35:48I came back February 23rd.

00:35:50So she came back and she took her car back.

00:35:54Yes.

00:35:54And you want her to reimburse you for the payments that you made for those four months.

00:35:59Yes.

00:36:00According to what you wrote here in your complaint, your agreement was that if she decided to stay

00:36:04there, then she would turn the car over.

00:36:06Now what you're telling me is you were going to take over the payments and the car completely

00:36:10when she left Texas.

00:36:12Is that right?

00:36:12Her residence was going to be in Hawaii.

00:36:14She moved there.

00:36:15Ms. Welk, try listening to what I'm saying to you.

00:36:18According to what you're saying now, when she left Texas for Hawaii, your agreement was

00:36:24that you were going to now own the car.

00:36:27Yes.

00:36:28It would be your car.

00:36:29Yes.

00:36:29So why didn't you make the transfer before she left?

00:36:33Because I couldn't get anything underneath my name.

00:36:36We didn't have enough money to, you know, well, we had a vehicle in our name and we still

00:36:40do.

00:36:40But it was, we had problems with it.

00:36:42It was broke down.

00:36:43We agreed that I would take over the payments for the car.

00:36:46So we put a for sale sign on the truck.

00:36:48The truck wasn't really safe.

00:36:49I was fixing to have my second child and it was more of a family car.

00:36:52So we agreed to take over the payments.

00:36:54Okay.

00:36:54How much were the payments?

00:36:55$300 a month.

00:36:56And what happened when your mother came home?

00:36:58Well, right before she came home, we had talked and I asked her what she was going to

00:37:02do for transportation and everything.

00:37:04And she said that as long as I helped her, you know, get a job, well, for her to have

00:37:08transportation back and forth, that her exact words where she would go around my schedule.

00:37:12I didn't have a problem with that at all.

00:37:14When she came back, she started having this power thing.

00:37:17That's what it was, was a power thing.

00:37:18She wanted to have the control over the car.

00:37:20And, you know, I'm like, no, it doesn't work that way.

00:37:24Yeah, it does.

00:37:25I worked nights.

00:37:26She worked during the day.

00:37:27It became a problem.

00:37:28She was like, no, I'm having the car, this and that.

00:37:30We started fighting.

00:37:32She threatened to call the police the first time.

00:37:34And then we had a problem again and the police did get involved.

00:37:38Okay.

00:37:39Now, according to you, you paid for the car for October, right?

00:37:45Yes.

00:37:46November?

00:37:47Yes.

00:37:47December?

00:37:48Yes.

00:37:49January?

00:37:50Uh, I have a log from the dealership that's from what I paid.

00:38:00Who wrote, in whose handwriting is this?

00:38:02That's the, the, uh...

00:38:03The lien holder.

00:38:04Yes.

00:38:05You're supposed to pay this on the first of the month?

00:38:07Yes, ma'am.

00:38:08The first and the 15th.

00:38:09It's scheduled for $150 every two weeks.

00:38:12So you didn't make a payment on the 15th of February, is that right?

00:38:16No, ma'am.

00:38:17Why not?

00:38:17There was a couple times when I paid late and everything, but the man from the dealership,

00:38:21you know, he was a friend of ours.

00:38:23He knew that I would pay.

00:38:24He knew that I was taking over the payments, everything.

00:38:26No, he knew I was going to pay, Carrie.

00:38:27No.

00:38:28But you did not make a payment for February, February 15th's payment you did not make.

00:38:32She didn't make a whole payment the whole month of January.

00:38:34Uh, I paid late, Your Honor.

00:38:36February 2nd, she made a payment.

00:38:38Yes, I paid the full amount for all of January.

00:38:40He knew.

00:38:41No.

00:38:41He said, ma'am.

00:38:41Don't tell me what he knew.

00:38:43Just answer my question.

00:38:45You did not pay in January.

00:38:47No.

00:38:47You say you made up January's payment in February.

00:38:51Yes.

00:38:51But then you didn't make February's payments.

00:38:54Yes, I did.

00:38:54I was only $100 behind.

00:38:57Oh, you were.

00:38:58Behind.

00:38:58Yes, I was.

00:38:59When I came back, I had to pay the $450 that she didn't pay, so my insurance got canceled

00:39:04because I didn't have enough money to pay the bill.

00:39:06Was your agreement with your daughter that this car would be hers, period?

00:39:12Or was your agreement with your daughter that if you stayed in Hawaii, the car would be hers?

00:39:18Uh, her and her boyfriend both.

00:39:19I talked to them, both of them.

00:39:20And I explained to them that you guys can use the car as long as you make the payments on

00:39:24it.

00:39:24If I don't come back from Hawaii, then as soon as the car was paid off, I would sign it

00:39:28over to her lock, stock, and barrel.

00:39:30Well, by February 15th, I knew I was coming back because she was going to have the baby pretty soon.

00:39:34And I told Carrie, as long as you help me get back and forth to work, and I can get

00:39:38you back and forth to work, we'll figure out something.

00:39:40Well, it was to the point where neither one of them were showing up to pick me up for work.

00:39:44Shh, shh, shh.

00:39:45I would call and call and call, and nobody would answer the phone, and I'd have to find other ways

00:39:49to get back to work.

00:39:50At 7 o'clock in the morning and everything.

00:39:51On a Sunday, on the weekend, she wanted the car, which is understandable, but it was my car.

00:39:57Before she came, her exact words were, she'll go around my schedule.

00:40:00No, no, no, just a second.

00:40:01She made the payments.

00:40:02She started to pick up the payments as soon as she came back, yes.

00:40:05According to these, according to these, according to this, according to the dealer, she started to make the payments.

00:40:10So you were not making the payments when she returned from Hawaii.

00:40:13That's not why she took the car.

00:40:14That's not what I asked you.

00:40:16But yes, ma'am.

00:40:17She was making the payments.

00:40:18So the car is in her name.

00:40:20She took over.

00:40:20She was using it.

00:40:20And you were using it.

00:40:22Pay attention.

00:40:23Well, the car was parked in your driveway because you just said to me, your complaint was that you would

00:40:28ask for the car at 7 o'clock in the morning on a Sunday.

00:40:31This is before the 1st.

00:40:33I'm sorry.

00:40:34I don't mean to interrupt you.

00:40:36Before what?

00:40:36She took the car back before the payment was even due.

00:40:39The insurance payment was even due.

00:40:40I'm not talking about the insurance payment, Ms. Wilder.

00:40:44I'm talking about the car payment, which she clearly made.

00:40:46Put your hand down.

00:40:48Which she clearly made before she took the car back.

00:40:51No, ma'am.

00:40:51She paid the payment after she took the car from us.

00:40:54No, that's not true.

00:40:55Yes, it is true.

00:40:56It is true.

00:40:56Because, Your Honor, I even paid her electric bill.

00:40:59The police called me on the phone.

00:41:01You need to give the keys to your mother.

00:41:02Everything's in her name.

00:41:04Then the payment was due on the car.

00:41:05The insurance, I told her.

00:41:07What was the insurance?

00:41:07I'm not talking the insurance.

00:41:09You're hooked into insurance.

00:41:11I'm not talking insurance.

00:41:13Carrie Wilder says her mother, Angela Hemley, owes her for car payments and the money she

00:41:18paid for car insurance.

00:41:19What date did the police come to your house and remove the car from your house?

00:41:25I'm not sure.

00:41:25I'm not exactly.

00:41:26Well, first of all, the cops didn't go to her house.

00:41:27They came to where I was staying with my brother.

00:41:29She was fine.

00:41:29And they made a courtesy call.

00:41:31I don't know the exact date.

00:41:32It was in April.

00:41:33I had to be at work that night.

00:41:34Shh.

00:41:35And they explained.

00:41:35You remember that?

00:41:36Yes.

00:41:37Was it in April?

00:41:38No, it wasn't.

00:41:39When was it?

00:41:40Do you know what day it was?

00:41:42What?

00:41:43March.

00:41:44So you say it was in March.

00:41:46Clearly, you made no payment in March for the car.

00:41:49And you didn't make the last payment in February, according to your own records.

00:41:53It was before March.

00:41:54No, it wasn't.

00:41:55Ms. Wilder.

00:41:56The reason why I'm saying this is it was before the first of the month.

00:41:59Listen to me.

00:41:59No, no, no.

00:42:00Now, she says, April, boyfriend over here says March, and you don't know whether you're

00:42:04a foot or horseback.

00:42:05Pay attention.

00:42:06You had the use of a car for three months.

00:42:10You drove it.

00:42:11You went to work with it.

00:42:12Yes.

00:42:12Boyfriend went to work with it.

00:42:14Yes.

00:42:14And you paid $300 a month for it.

00:42:17Yeah.

00:42:17You had no other car because you just told me you sold it.

00:42:19No, we're still trying to sell it.

00:42:21It has a for sale sign.

00:42:22Well, then it must be pretty much of a clinker if you can't sell it.

00:42:25So you were using this car.

00:42:28You can't use it for nothing.

00:42:30You couldn't rent a car for $300 a month.

00:42:32But that's not the agreement that we had.

00:42:33Yes, it was.

00:42:34The agreement that you had was, according to your sworn complaint, my mother and I had

00:42:38an agreement when she moved to Hawaii that if she stayed there, she would sign over her

00:42:43car to us.

00:42:44And I agreed to pick up the payments.

00:42:46That's on her.

00:42:47She decided to come back.

00:42:48That was her.

00:42:48She got everything.

00:42:51Pay attention.

00:42:53If she stayed there, she did not stay there.

00:42:57She moved back.

00:42:58Yes.

00:42:58According to your mother, and I believe her because it sounds right.

00:43:02Look, I don't know what we're going to do with the car.

00:43:04Let's try to work together with the car.

00:43:06You're expecting a baby.

00:43:07As long as you take me where I have to go and I can get to work on time and

00:43:10I can get

00:43:11to where else I have to go is let's try to work it out.

00:43:14And then, according to your mother, not only weren't you making the payments on the car

00:43:18in a timely fashion, but there was also a problem picking her up and getting her to

00:43:22work.

00:43:22She decided to take the car back, which she did, which she was entitled to do even under

00:43:28your agreement, your initial agreement.

00:43:30So your case is dismissed.

00:43:31That's all.

00:43:32The parties are excused.

00:43:33She may step out.

00:43:34You can't trust anybody.

00:43:35Not even your own family.

00:43:36I just want to see them happy.

00:43:37This ain't the first thing, but it's the last thing.

00:43:40And now, the next case.

00:43:42All parties on Douglas versus Wayland.

00:43:45Step forward, please.

00:43:4629-year-old kitchen designer Rob Douglas is suing his former roommate, 27-year-old pipe

00:43:51coverer Sean Wayland, for intentionally breaking his dog's leg.

00:43:56Mr. Douglas, according to your complaint, the defendant was a friend of yours, and you decided

00:44:00to share an apartment together.

00:44:02You moved into the apartment, and you have a small dog.

00:44:05Yeah.

00:44:05What kind of dog do you have?

00:44:06It's a dachshund.

00:44:07It is your complaint that the defendant purposefully caused your dog to have a broken leg.

00:44:13Is that right?

00:44:13Yes.

00:44:14When did you move into this apartment together?

00:44:16February of 2000.

00:44:17How many people moved into the apartment?

00:44:19There was three of us.

00:44:20Did you have the dog in February of 2000?

00:44:23Yes, I did.

00:44:24So that you knew that the dog would be moving in?

00:44:26I knew the dog would be coming in.

00:44:27Okay.

00:44:27But I also knew that there wasn't no pets allowed in the apartment.

00:44:30I just asked you if you knew the dog would be coming in.

00:44:33All right.

00:44:33When was the dog's leg broken?

00:44:35The dog's leg was broken a week before I was moved out in February of 2001.

00:44:39You weren't at home at the time?

00:44:40No, I wasn't.

00:44:41What indication do you have that Mr. Wayland did this act purposefully?

00:44:46He would tantalize the dog.

00:44:48Whenever the dog came into the room, he would stomp near it.

00:44:52One time he threw a beer can at it.

00:44:54Sean and I got into a fight over that.

00:44:57He had broken the dog's cage.

00:44:58How did he break the dog's cage?

00:45:00He stepped on the top of it and put a hole into it.

00:45:03When did he do that?

00:45:04I was at work again.

00:45:05When did I do that?

00:45:05Shh.

00:45:06Don't speak to him.

00:45:06I was at work.

00:45:07I came home in the dog's cage.

00:45:09I left it in the kitchen.

00:45:10And I came into the kitchen and there was a huge hole in the top of it.

00:45:14And I asked Sean what had happened.

00:45:15And he said the dog had been barking in the cage.

00:45:17And that he had stomped on the top of the cage and broke it.

00:45:19You mean to stop the dog from barking?

00:45:21Right.

00:45:21But in the process, he put a huge hole in it.

00:45:23Wrong.

00:45:24And I went out and bought a new cage.

00:45:26And then I started keeping the dog up in my room.

00:45:29In the cage?

00:45:30Right.

00:45:30Now, what happened in February of 2001, sir?

00:45:33I came home from work.

00:45:34And Sean was laying on the living room couch.

00:45:37And he said, you better sit down.

00:45:39And I said, why?

00:45:40He's like, don't flip out.

00:45:41And I'm like, would you break?

00:45:42Like, and as the time I was sitting down, the dog came down the stairs limping.

00:45:46And he jumped up on me, on my lap.

00:45:48And I looked at his leg and it was like hanging, dangling.

00:45:51And the bone was like coming through the skin.

00:45:53He's like, I brought him to the vets.

00:45:54He said that the dog's leg needed to be wired.

00:45:57It was going to be over $2,000.

00:45:58I'm like, what happened?

00:45:59He's like, I was bringing the dog back up to his cage.

00:46:02And he wiggled out of my arms and he fell on.

00:46:04And I had a saw on the top of my stairs because I'm a carpenter, too.

00:46:09And he said he dropped it on the saw, the dog on the saw.

00:46:12What time of the day did you leave that day in February?

00:46:16For work, I left at 8.30 in the morning.

00:46:18And where was the dog when you left for work?

00:46:21In his cage in my room.

00:46:22That's wrong.

00:46:23Shh.

00:46:25I'm going to get to you.

00:46:26Didn't you understand?

00:46:26What words don't you understand?

00:46:28All right, I'm all right.

00:46:29The dog was in the cage when you left.

00:46:31Had you walked the dog that morning?

00:46:33I let him out the back door.

00:46:35Every morning I would let him out the back door to go to the bathroom.

00:46:37And then I'd put him up in his cage.

00:46:39And what time did you return from work that day?

00:46:42Like 5.30.

00:46:43So the dog isn't walking between 8.30 and 5.30.

00:46:46Right.

00:46:47But my other roommate, third roommate, would come home from work at 7.30 in the morning,

00:46:51go to bed because he worked at night.

00:46:53Right.

00:46:53And when he'd get up, he would let the dog out before I got home from work.

00:46:56And then put the dog back in his cage.

00:46:57At what time?

00:46:58Whenever.

00:46:59Okay.

00:47:00What time did you bring the dog to the vet?

00:47:02I probably got there around 3 o'clock.

00:47:04Was that before or after the third roommate woke up?

00:47:07He wasn't home.

00:47:08He wasn't home at all?

00:47:09No.

00:47:10Okay.

00:47:11And where did you find the dog?

00:47:12I think he was in the living room.

00:47:14What was he doing in the living room?

00:47:16Just sitting there.

00:47:17So I was going to bring him up to his cage.

00:47:19I didn't like the dog being out because it would mess in the apartment almost on a daily basis.

00:47:24And I was on my way out again.

00:47:26So I wanted the dog back in his crate.

00:47:29So I brought him up.

00:47:29I was bringing him upstairs.

00:47:31And it squirmed out of my arms.

00:47:32He knew where I was bringing him.

00:47:33He didn't want to go there probably.

00:47:35Squirmed out of my arms, fell on the saw.

00:47:37Made a horrible noise.

00:47:39And then it looked to me like his leg was broken.

00:47:41So I brought him to the vet.

00:47:43Mr. Whelan, I read your answer very carefully.

00:47:46And it's clear from your answer, sir, that you didn't like this little dog.

00:47:48Could you tell me why?

00:47:49I didn't like its behavior.

00:47:51It must be over three years old.

00:47:52It has not been properly trained.

00:47:54It would just pretty much do whatever it wanted.

00:47:56I've seen the dog on a table eating out of a bowl that I would eat out of.

00:48:00Standing up on a table.

00:48:01The thing was untrained.

00:48:02It's not that I didn't like the dog.

00:48:03I didn't like the way it behaved.

00:48:05It should have been taken care of better than it was.

00:48:07Why did you stomp on the cage?

00:48:09I didn't stomp on the cage.

00:48:10I kicked it.

00:48:11The metal front.

00:48:13Right.

00:48:14And I kicked that.

00:48:14And that was dented.

00:48:14Why did you kick at it?

00:48:15Because the thing was barking.

00:48:17It wouldn't be quiet.

00:48:20So that's the way you thought you would get it to be quiet.

00:48:22A little intimidation, yeah.

00:48:25And the beer can incident.

00:48:28I don't recall that incident.

00:48:29Well, try to think hard.

00:48:31He seems to remember that you threw a beer can in the dog's direction.

00:48:35And then you had a fight about it.

00:48:37Do you remember that?

00:48:38No, I don't.

00:48:39Well, what responsibility, Mr. Whalen, do you believe you had with regard to the expenses

00:48:44for taking care of this dog?

00:48:47None.

00:48:48Why not?

00:48:48I was simply bringing it back up to its cage, where it should have been.

00:48:52Had you ever picked up this dog before?

00:48:54Yes.

00:48:55Many times?

00:48:56Many times.

00:48:57Have you put the dog back in its cage before?

00:49:00Yes, I have.

00:49:00So the dog has tried to squirm not to go back into the cage before?

00:49:05Yeah, it has.

00:49:06When you came home on that day in February, Mr. Whalen, did you look around the house to

00:49:11see if the dog had messed in either your room or around the house?

00:49:15I didn't look around.

00:49:15I just saw him out, and I brought him upstairs.

00:49:18But it had.

00:49:19It had in the hallway, where it usually does.

00:49:21Pretty much the same spot every time.

00:49:22On that day?

00:49:23Yes.

00:49:23Now, when did you notice that?

00:49:25Before or after you picked him up?

00:49:27After.

00:49:28And when you walked into the castle and you saw the dog just sitting in the living room,

00:49:31were you annoyed that the dog was out of the cage?

00:49:34Annoyed?

00:49:34Yeah.

00:49:35No.

00:49:36You weren't?

00:49:37Well, I guess a little bit, but I just, I was going out again, and I wanted to put it

00:49:41where it was supposed to be.

00:49:41Now, you took the dog to the vet.

00:49:43Yes.

00:49:44And the vet told you that the dog's leg was broken and needed surgery.

00:49:48It needed something more than, say, a cast, yeah.

00:49:51So it's going to be expensive.

00:49:53So can you tell me why you didn't tell the vet to take care of the dog?

00:49:57It wasn't my dog.

00:49:58I didn't want to make any decisions on it.

00:50:00Spending a couple thousand dollars.

00:50:02I asked him if he could do anything for the dog.

00:50:04Like, he gave the dog some pain medication, and I said, probably the owner will probably

00:50:08come back here.

00:50:09I'm not going to make any decisions or tell you to do anything.

00:50:11Now, when you brought the dog home, where did you put the dog?

00:50:14I think I just put him up in his room and closed the door.

00:50:16Mr. Douglas says that when he came home, the dog came limping down the stairs.

00:50:20Had you opened the door?

00:50:22No.

00:50:23How did the dog open the door?

00:50:24The time that I went to the vet and came back, the other roommate had come home.

00:50:29And?

00:50:30Maybe he went up and looked at him and left the door open.

00:50:33I don't know.

00:50:33Well, maybe the dog didn't come down like he said.

00:50:36Well, you were there.

00:50:37Yeah.

00:50:38Well, did the dog come down the stairs or not?

00:50:40I don't remember.

00:50:44Mr. Whalen, did the vet indicate to you that the dog should be kept immobile until the decision

00:50:49was made about what was going to happen with the leg?

00:50:51He said it was a pretty severe fracture.

00:50:53Did he say that the dog should be kept immobile?

00:50:55I don't remember hearing him say that, no.

00:50:58Did you think it was a good idea, Mr. Whalen, if the dog had a severe fracture to put the

00:51:02dog back in its cage when you brought it home instead of just putting it in the room so

00:51:06it wouldn't be walking around with his broken leg?

00:51:09Wouldn't that seem like common sense?

00:51:11Yeah.

00:51:11I guess the dog could have been in the room just lying there, too.

00:51:14Could have been, but as you said, the dog was untrained.

00:51:17The dog's not as smart as people.

00:51:19You put the dog in the cage, they can't walk around and further aggravate the break.

00:51:23So why didn't you put the dog in the cage?

00:51:25I don't know.

00:51:26I just didn't put him in there.

00:51:27I put him in his room and I closed the door.

00:51:29Your claim, Mr. Douglas, is that Mr. Whalen purposefully caused injury to your dog.

00:51:35Yes.

00:51:35That's the basis of your claim.

00:51:37If it was merely an unforeseen accident, he would not be responsible.

00:51:40Right.

00:51:41So I have to make a judgment as to whether I believe that Mr. Whalen did, in fact, act

00:51:47in such a reckless manner with your dog as to make him responsible for the vet bills.

00:51:52You understand that?

00:51:53Yes.

00:51:53I believe he did.

00:51:54Judgment for the plaintiff in the amount of $2,000.

00:51:57That's all.

00:51:57Parties are excused.

00:51:58You may step up.

00:52:00The Honest's Case Number 7 on the calendar in the matter of Kyger versus Hunter.

00:52:05Parties have been sworn in.

00:52:06Judge, you may be seated.

00:52:07Ma'am, have a seat, please.

00:52:08Ms. Kyger, according to your complaint, while you were in a relationship with the defendant,

00:52:12you made a loan to him, a couple of hundred dollars.

00:52:15Yes.

00:52:16When did you make him this loan and what for?

00:52:18On January 30th, I received my income tax return.

00:52:22And he was at my house.

00:52:23He had gotten kicked out of his residential drug facility.

00:52:25And after a week of being at my house, he had the option from his parole officer to either

00:52:30go back to the treatment facility or go into clean and sober living.

00:52:33And so he asked me to borrow the $200.

00:52:36Well, what's the difference between a drug program and the clean and sober living?

00:52:39He had more freedom in Pancho Villa than he would in the residential treatment facility.

00:52:45What were you on parole for?

00:52:47Residential burglary.

00:52:48What was the condition of your parole?

00:52:50That I'd have to stay in either a residential treatment program or a sober living home.

00:52:53So why didn't you stay in the residential drug program?

00:52:57Because I got kicked out of the residential program.

00:53:00For sneaking out to see her.

00:53:02And for drinking.

00:53:03Don't let him tell you that.

00:53:04It's for drinking also.

00:53:06No, Your Honor.

00:53:07That's a lie right there.

00:53:08You can call the program and ask.

00:53:09No, I've never given a dirty test since I've been out of prison.

00:53:12They don't give urine tests for alcohol.

00:53:14Yes, they do, ma'am.

00:53:15You can call my parole officer and ask them.

00:53:17I cannot drink or be around alcohol.

00:53:19And they test me for alcohol at the parole office and at the program.

00:53:23Mike, that's why you're drunk at my house moving me.

00:53:26Okay, did she give you $200?

00:53:28Yes, Your Honor.

00:53:29She offered me $200.

00:53:30Okay, tell me about the $200.

00:53:31You wanted to go into this.

00:53:33Offered?

00:53:34I have two kids.

00:53:36Listen to me.

00:53:39When I look at your direction, that's when you talk.

00:53:41All right.

00:53:42And I'm looking at his direction.

00:53:44Now, tell me under what circumstances you say she gave you the $200.

00:53:47She gave me the $200 knowing that I just got out of prison.

00:53:50Don't tell me what knowing.

00:53:51I don't want to hear knowing.

00:53:52Okay.

00:53:52What did you say to her or what did she say to you?

00:53:54You said to her, I need $200 in order to go into this other program.

00:53:58And I don't have it.

00:53:59Correct.

00:54:00Correct.

00:54:00Okay.

00:54:01And she said to you.

00:54:02She said to me that you can borrow the $200, but I would have to help her pay it back.

00:54:07She knew that I did not have a job.

00:54:08She said don't.

00:54:09Tell me what she knew.

00:54:10She said you would help her pay it back.

00:54:11Pay it back to whom?

00:54:12Pay it back to her.

00:54:14All right.

00:54:14Let's make this simple, Mr. Hunter.

00:54:17She said that you could borrow the money, but that you would have to pay it back.

00:54:22Most definitely.

00:54:23Am I looking in your direction?

00:54:26Am I looking in your direction?

00:54:28Don't speak unless I look in your direction.

00:54:31She said you could borrow the money.

00:54:33Correct.

00:54:34And you would have to pay it back.

00:54:37Not correct.

00:54:38That's what you just told me.

00:54:39I have to pay it back, but not in cash.

00:54:42I was to help her move, watch her kids, pick her kids up at school several times, which I did,

00:54:47take her friend, which is over there, to Fairfield to see a friend of hers that's in the county jail,

00:54:51fix her car, and that pretty much cleared up all the money issue.

00:54:56When did you help her move?

00:54:57I forget the exact date that she moved.

00:55:00Do you remember the exact date?

00:55:01No, don't ask her any questions.

00:55:02I want to know from her, I'd ask her.

00:55:04I forget the exact date that she moved.

00:55:05Before or after she gave you the $200?

00:55:08This was before she moved.

00:55:11Just a second.

00:55:12Listen to me, Gary, carefully, because I know that you have a little trouble understanding, sir.

00:55:16Did you help her move before or after she gave you the $200?

00:55:23I just answered your question the same way.

00:55:24That she moved before?

00:55:25She gave me the money before I helped her move.

00:55:28That's exactly what I said.

00:55:30She gave me the money, and then I helped her move.

00:55:34When did you go into this new program?

00:55:37After she moved.

00:55:38I don't have the exact date, Your Honor.

00:55:41I know the exact date.

00:55:43Give me the date.

00:55:43Here, I catch my check on my income tax check on 130-01.

00:55:48That is the day that he moved into Pontchavia.

00:55:50I moved on February 2nd.

00:55:52That was not the agreement.

00:55:54Just a second.

00:55:55What date did he move into the facility?

00:55:57January 30th.

00:55:59The same day that you gave him the money?

00:56:00I took him there.

00:56:01So you were living in the program on the day she moved?

00:56:05No.

00:56:06The program that I was at, I didn't have to stay there every day.

00:56:08I can go out, come and go pretty much as I want.

00:56:10Did he help you move?

00:56:11Yes, he did help me move.

00:56:12Okay.

00:56:12Tell me what he did.

00:56:14He helped take two loads of stuff to my house.

00:56:17Okay.

00:56:17What else did you do for her?

00:56:19I put all of her kids' beds together, picked her kids up from school.

00:56:22She actually had put my name down at her kids' school as a person to be able to pick

00:56:26up her kids in an emergency.

00:56:27Okay.

00:56:27Yeah.

00:56:28And picked up her kids several times.

00:56:30And also took her friend down to Fairfield.

00:56:33The lady sitting over there took her friend down to Fairfield to the county jail to see

00:56:36her friends.

00:56:37Okay.

00:56:38What did I tell you?

00:56:39Okay.

00:56:40There was a period of time when you lived with the plaintiff.

00:56:43Is that right?

00:56:44Correct.

00:56:44When was that?

00:56:46That was in the month of January.

00:56:49The entire month of January?

00:56:50No.

00:56:51I'm going to throw you out.

00:56:53Do you understand?

00:56:54All right.

00:56:55Next time, we're not talking about a lot of money.

00:56:58It would be very easy for me just to say goodbye to you.

00:57:00You got it?

00:57:01Mm-hmm.

00:57:02During the entire month of January?

00:57:04No.

00:57:04Only about a week and a half to two weeks.

00:57:06Let's say two weeks.

00:57:07And you slept there?

00:57:09Correct.

00:57:09You ate there?

00:57:11Actually, I had some money of my own.

00:57:13I still had my gate money from when I left for a while.

00:57:15I went and bought my own food.

00:57:16How much money?

00:57:16They gave me $200 gate money.

00:57:18You mean when they threw you out of the program, they gave you $200?

00:57:20When they kicked me out of prison.

00:57:22They didn't kick you out of prison?

00:57:23I mean, when I got released from prison, I'm sorry.

00:57:25You wanted to stay in prison?

00:57:27Huh?

00:57:27No.

00:57:28You wanted to stay in prison?

00:57:29No.

00:57:29How much money did you give her towards rent in those two weeks?

00:57:32During those two weeks, I helped her clean up around the house because I was buying my own food and

00:57:36buying food for them.

00:57:37Question, sir, I want the question answered.

00:57:41How much money did you give her towards rent when you were living there?

00:57:45Nothing.

00:57:45When you went to pick up her children on those couple of occasions, did you use her car?

00:57:50Correct.

00:57:51Did you ever use her car for your own personal business?

00:57:54No, I did not.

00:57:55Did he ever use your car for his own personal business?

00:57:56Yes, he did.

00:57:57Of course he did.

00:57:58Yes, he did.

00:57:59Where did he go?

00:58:00He went to the parole officer.

00:58:01Of course he did.

00:58:02He had to go in and check in periodically with the parole officer.

00:58:05And how did you get there, sir?

00:58:06I would take the bus.

00:58:07No, you didn't.

00:58:08Yes, I did.

00:58:09Oh, no, no, no.

00:58:10I would hop on BART and take BART and catch the 80 bus to Vallejo.

00:58:13Are you telling me, sir, that you never took her car to go and visit your parole officer?

00:58:19No, I did not.

00:58:19I got bus vouchers for my parole officer to use.

00:58:22Really?

00:58:23Yes.

00:58:24Very interesting.

00:58:25She wouldn't allow me to use her car for personal purposes.

00:58:28Really?

00:58:29That doesn't sound like it was very generous of her.

00:58:32Well, there's a lot of things that don't sound very generous about her.

00:58:34So why didn't you stay there for two weeks for?

00:58:38Well, as she says, the sex was good, pretty much.

00:58:41That's why she let me stay there.

00:58:42And it was.

00:58:43I was down 22 months.

00:58:44I stayed there for the same reason.

00:58:45Really?

00:58:46So you had it all stored up?

00:58:48Is that what you're telling me?

00:58:49Yes, Your Honor.

00:58:50Not.

00:58:52Trinity Kiger says ex-boyfriend Michael Hunter owes her for an unpaid loan and the return of two CDs.

00:58:58Not.

00:59:00Also, can I be allowed to say something about her character?

00:59:02No.

00:59:03You can call my parole officer.

00:59:03I don't want to hear anything about her character.

00:59:05I don't know about your character.

00:59:07I believe it's very important to deal with this case.

00:59:08Something that you can verify by calling my parole officer and find out.

00:59:12I'll hear you.

00:59:42Okay.

00:59:43My new girlfriend was over visiting.

00:59:45Visiting where?

00:59:46At the sober living home.

00:59:48Okay.

00:59:48When?

00:59:49Give me the date.

00:59:50My parole officer would have the date because I went to the return next day.

00:59:52I'm asking you the date.

00:59:53I told you.

00:59:54I don't have the exact date.

00:59:56How much after she gave you the $200?

00:59:59This was probably about a month and a half, two months.

01:00:02Well, if she gave you the money, sir, sometime in, let's say, the end of January.

01:00:08I believe sometime in March.

01:00:10Well, that's just a few weeks afterwards that you had a new girlfriend.

01:00:15No, that's about, I guess, about a month and a half.

01:00:16Four weeks, five weeks?

01:00:17About, I'd say, about six weeks, five to six weeks.

01:00:20And when did you get the new girlfriend?

01:00:22I started a job working at Walmart, and I found a woman there that was actually...

01:00:27Nicer to you.

01:00:28...treated me a lot better.

01:00:29When did you start the job at Walmart?

01:00:31I started it when I first got there to that program, so it was in February.

01:00:35I started that there.

01:00:35And so you found somebody else right away?

01:00:38No, like I said, it was about five to six weeks that I actually started talking.

01:00:41Here's a sleazy character.

01:00:42Pay you back a $200.

01:00:43Judgment for the plaintiff.

01:00:44That's all.

01:00:45Side side skewed.

01:00:46You may step out.

01:00:48When she came down and smacked me around in the face ten times and hit my girlfriend in the nose,

01:00:52everything right then and there, any chances of me ever paying her back would have been out.

01:00:56And he thought because he was, you know, having sex with me that that was going to cure the problem,

01:01:02and it didn't.

01:01:03And now, the next case.

01:01:05All parties on Mills versus 12 bus.

01:01:08Step forward, please.

01:01:0923-year-old customer service rep, Jason Mills, is suing 38-year-old business owner, Karen Trelva,

01:01:15for damage to his snowmobile, resulting from a collision.

01:01:19Karen is countersuing for damage to her snowmobile, claiming the accident was Jason's fault.

01:01:24Mr. Mills, you were on an outing, and you were snow, what is it called?

01:01:31Snowmobiling.

01:01:32Snowmobiling.

01:01:32And it is your claim that the defendant, who was also snowmobiling, had an accident and plowed into your snowmobile,

01:01:39which was in a stationary position.

01:01:41Yes, Your Honor.

01:01:42The defendant says that you and your party created a dangerous situation.

01:01:46She's an experienced snowmobiler, and she wants you to pay for the damage to her snowmobile.

01:01:53Right?

01:01:53Correct.

01:01:53Okay.

01:01:54So tell me when this happened.

01:01:56Well, on February 11, 2001, we had rented a snowmobile.

01:02:00We were sledding with four total sleds, six individuals on the sleds.

01:02:05We had stopped on the far right of the trail, off of the groomed path, under the powder.

01:02:11I saw the defendant and her husband, whose sled was in front of hers, coming at us at a high

01:02:16rate of speed.

01:02:18Within a millisecond of his passing through his powder, I saw the defendant's sled sliding toward us.

01:02:24She made impact with us.

01:02:25I was thrown from the sled, landed on my neck.

01:02:28You were sitting on the sled.

01:02:30I was standing directly next to my sled.

01:02:32I was the only person standing at the time.

01:02:34Everyone else was still sitting on their sleds facing forward.

01:02:37I was thrown up, landed on my neck.

01:02:39Anita was thrown from the sled and landed in a snowbank.

01:02:43The impact was severe enough to throw her boot from her body.

01:02:47If you look where the other sleds were parked, Mrs. Troffa ended up toward the first and second sled.

01:02:53She made impact at the rear of our sled, slid down the trail.

01:02:58Now, immediately after, Mrs. Troffa did come and immediately check to see if we were okay.

01:03:03Mr. Troffa, of course, was worried about the condition of the sled.

01:03:06What did he say?

01:03:07Well, he acknowledged that her sled was pretty much trashed.

01:03:11Our sled, the damage was pretty severe.

01:03:13The frame itself was bent.

01:03:15I believe when you see the photographs, the frame on her sled is severely damaged.

01:03:19Do you have photographs?

01:03:20Yes, I do.

01:03:21Would you like to see them, please?

01:03:25That is her sled.

01:03:27This is my sled.

01:03:36The red-colored portion of her sled was actually detached upon impact.

01:03:41It's just laying on.

01:03:42Step up, sir.

01:03:44When did you realize that your wife had been in an accident?

01:03:48I, after coming to a stop, after avoiding these people, there was people in snowmobiles

01:03:54parked in the trail, and I had to actually go around them on the left, up on the berm off

01:04:01the groom's section to go around them, and that is where I came to a stop.

01:04:05What was the reason, sir, that you stopped your snowmobile?

01:04:09Because I realized that there was an accident waiting to happen, an accident in progress,

01:04:14and my wife was probably getting hurt.

01:04:16Well, how could you tell there was an accident in progress?

01:04:17I turned around.

01:04:19Sit down, sir.

01:04:23Okay.

01:04:24Let me hear your version of this accident.

01:04:28We were traveling from this direction, down the trail.

01:04:32When I came over the hill, I noticed four snowmobiles parked along the right-hand side.

01:04:37There were people on this side and people on this side of the trail.

01:04:41My husband went to the left, which is off the trail.

01:04:45Just a second.

01:04:46You see stupid written here?

01:04:48No, I don't, ma'am.

01:04:49Then you explain to me what possible rationale there would be to park the snowmobiles on

01:04:55one side, and then for the people to be standing on the other side, not near their snowmobiles.

01:04:59You explain that to me.

01:05:00Well, it does not practice safe snowmobiling procedure.

01:05:03No, no, no, no.

01:05:04Of course it wouldn't.

01:05:04It would practice somebody being on the rugs.

01:05:07Your Honor, I can help with this.

01:05:07Leave their snowmobiles on one side.

01:05:09Now I could see if you put them near where their snowmobiles were, and you say that they were

01:05:15on the trail.

01:05:16Well, why would somebody get off their snowmobile, leave it on one side of the road, and walk

01:05:22over to the other side of the road?

01:05:24Why would somebody do that?

01:05:25I don't know why they chose to.

01:05:28I would assume that they were taking photographs.

01:05:31But your husband made it.

01:05:34Which...

01:05:34Your husband made it.

01:05:35Yes, he did.

01:05:36And when he went to this side, this person here ran across the front of the trail, which

01:05:42is where I was headed.

01:05:44Go ahead.

01:05:44I couldn't go right behind him.

01:05:46I would have gone, be going too fast, and I would have ended up possibly hitting him because

01:05:50he was in some very deep snow and had stopped very quickly.

01:05:53So I had tried to get between this person and this snowmobile.

01:05:58He must have startled this person, and they ran across the trail.

01:06:02So I grabbed my handlebars and turned them sideways in order to turn my snowmobile so that

01:06:09I either flipped it before I got to this person, or at least did not hit this person nose first

01:06:15and really throw them.

01:06:17Your Honor, I don't know how she could claim that she saw people on the far left side of

01:06:22the trail, especially since I am the only person who was standing next to a sled at the time of

01:06:27impact.

01:06:27Where were the other people?

01:06:28They were still on their sleds.

01:06:31According to your answer, you've been snowmobiling for 30 years.

01:06:34Is that right?

01:06:3512 years.

01:06:3612 years.

01:06:36We do almost 3,000 miles a winter, so almost 30,000 miles.

01:06:40And is this area that you were snowmobiling in well-traveled?

01:06:44Yes.

01:06:44A lot of people there?

01:06:46Yes.

01:06:46Sometimes experienced?

01:06:48Yes.

01:06:48Sometimes not?

01:06:49Yes.

01:06:50Their bikes were stationary when you hit them?

01:06:53Yes.

01:06:53You're responsible?

01:06:55No, ma'am.

01:06:56Period.

01:06:56Oh, yes, you are.

01:06:57Oh, yes.

01:06:58Even if I believe you, and I don't believe a lot of what you told me, nobody would leave

01:07:02their snowmobile in the middle of the road and go and take pictures.

01:07:05They were not in the middle.

01:07:05In the middle of the road and go take pictures.

01:07:07They were not in the middle.

01:07:09Right.

01:07:09So if they were not in the middle, and you are a 12-year experienced veteran, you're

01:07:14supposed to be cautious.

01:07:16And I was.

01:07:16You are supposed to be cautious.

01:07:17No, if you were cautious, you wouldn't hit them.

01:07:19I was 100 feet from the line of sight.

01:07:22They were in a very limited visibility area.

01:07:25And you're supposed to be more careful.

01:07:26I was traveling at a very safe rate of speed.

01:07:29Well, how could you be traveling at a safe rate of speed causing this damage?

01:07:32They trapped the area and enclosed it.

01:07:35I don't believe that that's true.

01:07:36I don't believe that they created the kind of hazardous situation that you attribute to

01:07:40them.

01:07:40Maybe some of these sleds weren't totally off the road.

01:07:44Maybe some of them were hanging over a little bit.

01:07:46But you've got a counterclaimer.

01:07:47You want them to pay for your sled.

01:07:48You hit them.

01:07:50And you don't know who it was who ran across the road.

01:07:52If you claimed somebody ran across the road creating a hazardous situation, it certainly

01:07:56wasn't him.

01:07:56He got the throne from his bike.

01:07:58It was her.

01:07:59You mean you remember that?

01:08:00Yes.

01:08:01And if he was the only one that was standing next to the trail, how did she get between

01:08:06me and their snowmobile that was to the right of me?

01:08:09I don't know.

01:08:10What?

01:08:13Now, is she claiming that I was on the other side of this trail and running across?

01:08:18Yes.

01:08:18Well, if that is the case, how was I thrown from my snowmobile and into the snowbank?

01:08:22Were you on the snowmobile with him?

01:08:24Yes, I was.

01:08:25Okay.

01:08:26And he was standing?

01:08:27Yes.

01:08:27And you were sitting on the side?

01:08:29I was sitting on the back of the sled.

01:08:31I don't know how she can claim that.

01:08:33Where were the rest of the people?

01:08:34They were all on their sleds, sitting on their sleds.

01:08:38Sounds more right to me.

01:08:44You hit his snowmobile while his snowmobile was in a stationary position, period.

01:08:50His snowmobile, according to you, was well on the side of this road.

01:08:54And there was plenty of room for you to pass.

01:08:57Your husband had passed.

01:08:59There was plenty of room for you to pass.

01:09:00Except for the people stepped out into the trail.

01:09:03Listen, that happens.

01:09:05I don't believe it was her.

01:09:07She said she was sitting on the snowmobile.

01:09:09It's possible that somebody else ran out.

01:09:11You have to anticipate that.

01:09:14That's not his job to anticipate it.

01:09:16That's your job to anticipate it because you're moving.

01:09:19I agree.

01:09:20Good.

01:09:20Then you have to pay for his damage.

01:09:22Judgment for the plaintiff for $1,245, which is what it's going to take to fix the snowmobile.

01:09:26So you count the claims dismissed.

01:09:28Parties are excused.

01:09:29You may step up.

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