A courtroom case involving family disputes, money conflict and emotional breakdown. #judyjustice #courtroom #season4 #episode33 #law #crime #justice #trial #tvshow #realitytv
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00:00Your son was tragically killed.
00:02So I asked him if he would be willing to split it,
00:06the funeral expenses.
00:07There was insurance that covered your son's funeral.
00:11Yes.
00:11I don't want the money.
00:13I wanted it for her.
00:15It has nothing to do with you.
00:17That's between she and her father.
00:20This is Judy Justice.
01:00You and Mr. Moten were married and divorced many years ago.
01:04When were you divorced?
01:052007.
01:06And you had children together?
01:08Yes.
01:08How many?
01:09Two.
01:09Boy and a girl?
01:10Yes.
01:11Your son was 23 when he was tragically killed
01:14in an automobile accident.
01:16When was that?
01:17June 21st.
01:19Of this year?
01:20Yes.
01:20And at the time of this terrible accident,
01:23he had been employed?
01:25Yes.
01:25According to what I've read,
01:26I think unbeknownst to you or to his father,
01:30he had an insurance policy.
01:31Yes.
01:32And it's unclear from the papers
01:34whether the insurance policy
01:36named beneficiaries
01:37or there were beneficiaries by law,
01:41which means he didn't put a beneficiary down.
01:44But the law says
01:46that since he didn't put a beneficiary down,
01:49the proceeds of the life insurance policy
01:51will be divided between his two parents.
01:54Yes.
01:54Well, before I go on,
01:56would you tell me whether or not
01:58the insurance policy named beneficiaries?
02:02No.
02:03The lawsuit is about this.
02:04That was evidently from the insurance policy,
02:07you received $19,000
02:09and your son's father, the defendant,
02:12received $19,000.
02:13And you allege that there was an agreement,
02:17a verbal agreement,
02:19between you and your former husband
02:22that he would return $10,000 to you
02:26to cover some of the funeral expenses
02:30and to distribute to his sister
02:33because that's what he would have wanted.
02:36In any event, that's what the case is about.
02:38And the defendant says
02:39that there was never such an agreement
02:41and he was not consulted about the funeral
02:44or the expenses for the funeral.
02:45And he doesn't feel as if
02:47he has to return that money at all.
02:49Okay.
02:51You did receive the $19,000?
02:53Yes.
02:54And so did you.
02:55Yes, ma'am.
02:55Okay.
02:56Now you're going to tell me
02:57about the discussion
02:59about him giving you money
03:02from his $19,000.
03:05So, um...
03:06Look here, please.
03:07About a week after his passing,
03:10I went to his place of work
03:12and we discussed, I said, um...
03:15Did you have an appointment to see him?
03:17No.
03:17You just went there?
03:19He works at a bar that I frequent.
03:21And that's after you received
03:22the letter from the insurance company
03:24indicating he would be receiving $19,000.
03:27Yes, ma'am.
03:28Okay.
03:28So tell me about the conversation.
03:30So I asked him
03:32if he would be willing to split it.
03:34All of the expenses occurred
03:36around the accident
03:37and then the funeral expenses.
03:39What are all the expenses
03:41surrounding the accident?
03:43So he hit a poll
03:44and I wasn't sure
03:45if the city would have
03:46a bill for that as well.
03:48Your insurance should cover that.
03:49It's liability.
03:50So at the point,
03:51I didn't want to go through my insurance
03:53because there was a policy
03:54and I was just going to pay it out of there
03:56because I didn't want
03:57the insurance to go up.
03:58Well, that's your choice.
04:00Yes.
04:01That's your choice.
04:02That's not his responsibility.
04:03You have insurance for your car.
04:05Your son was driving your car.
04:07Yes.
04:08And the insurance would cover
04:09any damage that your son did
04:11to public property
04:12or anybody's personal property.
04:14Yes, ma'am.
04:15How much was it, by the way?
04:16They never charged me.
04:18Okay.
04:18So that's not an issue anymore.
04:20Correct.
04:20So the only expense there was
04:22was a funeral expense.
04:23Correct.
04:24So at the time,
04:25you asked him for other expenses,
04:26which I just told you
04:28that I don't feel
04:29you would be entitled to.
04:30Yes, ma'am.
04:30Because you had insurance
04:32if there was a claim
04:34by either a private person
04:35or a governmental agency
04:37for damage that your son did
04:39with the car.
04:39Funeral expenses
04:40are another thing.
04:41So let's talk about that.
04:44And what did he say to you?
04:45He agreed.
04:46He said he didn't see a problem
04:48with paying half of everything
04:49and then splitting.
04:50I would give his surviving sibling
04:53a portion of it,
04:55the life insurance policy,
04:58and he would as well.
04:59And the reason we did that
05:00was because he stayed
05:02amongst the three of us,
05:03me and his two siblings.
05:05So I felt it was...
05:06What?
05:06You have a daughter?
05:07How many children do you have?
05:08I have three.
05:09I have another son.
05:10This is not his father?
05:11Correct.
05:12Okay.
05:12So what you're telling me
05:14is that you had the conversation
05:16about funeral expenses.
05:18Do you remember that part
05:19of the conversation
05:20about the funeral expenses, sir?
05:22I do, Your Honor.
05:24Okay.
05:24And tell me what you agreed to do
05:27with regard to the funeral expenses.
05:29In the beginning,
05:30I did not agree to it.
05:31I felt like if the kids
05:33needed anything,
05:34they can come to me
05:34and ask me for it.
05:35Not the kids.
05:36I'm talking about his funeral expenses.
05:38I'm sorry.
05:38My daughter,
05:39if my daughter needed something,
05:40she can come and ask for it.
05:42I wanted to give her
05:43some money out of my pocket.
05:44Well, that's your...
05:45I didn't want to agree to anything.
05:47He agreed.
05:47I'm talking about the funeral expenses
05:51only now.
05:52I was told that the funeral expenses
05:54were covered by the insurance.
05:56By what insurance?
05:57The life insurance policy?
05:59Were the funeral expenses
06:01covered by the life insurance policy?
06:03Not his policy, no.
06:05I have a separate policy
06:06that it was covered for it.
06:07But at the time...
06:08Just a second.
06:09What kind of policy do you have
06:11that your son's funeral expenses
06:13were covered from?
06:14Through work.
06:15I had a life insurance policy on him.
06:17On your son?
06:18Yes.
06:18On all three of them.
06:19This was a separate policy
06:21other than his?
06:22Correct.
06:22And how much was that policy?
06:24$10,000.
06:24So you had a $10,000
06:26life insurance policy
06:28through work,
06:28and it was through work,
06:30so I assume that the cost to you
06:34was either zero or minimal.
06:36Correct.
06:36Correct.
06:37And you did receive $10,000.
06:39from that policy?
06:40Yes.
06:41And did you receive
06:42the $10,000 from that policy
06:44in addition to the funeral expenses?
06:47No.
06:47The policy deducted
06:49the expenses of the funeral
06:52from the funeral home.
06:53Okay.
06:53And the funeral expenses
06:55were $5,000?
06:56Correct.
06:57And so on that policy,
06:58you received $5,000?
07:01Yes.
07:01Okay.
07:02And you received,
07:03in addition to the $5,000,
07:05$19,000...
07:07Yes.
07:07...from your son's policy?
07:10Yes.
07:10Okay.
07:11So you were not aware
07:12of the fact at the time
07:13that there was insurance
07:15that covered your son's funeral?
07:17No, I was not.
07:18Okay.
07:18Well, there was,
07:19so we don't have to deal with that.
07:20Would you agree that
07:21if there was not insurance
07:23that paid for that,
07:24it would be right for you
07:25to cover half
07:26of the funeral expenses?
07:27Absolutely.
07:28Okay.
07:31I'm telling you,
07:32if he wants to give money
07:33to his daughter,
07:34that's between she and her father.
07:36She wants to have a discussion
07:37with her father
07:38and her father wants to help her.
07:40That sometimes has nothing
07:41to do with you.
07:42And later today...
07:43Is there a bathroom
07:44in the basement?
07:45More like a half-bathroom,
07:46just a toilet.
07:47Sink?
07:48It's not like a sink.
07:49It's not a sink.
07:50It's considered as a sink.
07:51You can use it as a sink.
07:52I don't care what you can use.
07:53A sink is a sink.
07:54I don't understand
07:55what you're talking about.
08:05LaTosha Burnley
08:06claims her ex-husband,
08:08Willie Moten,
08:10agreed to give insurance money
08:11to their daughter
08:12and pay half of their son's
08:14funeral expenses.
08:16Okay.
08:16With regard to giving you
08:19$10,000,
08:20which is what you're suing for,
08:22to disperse to the other children,
08:24why would I do that?
08:26He was only supposed to do it
08:27for his daughter.
08:28Well, that's up to him.
08:29And he agreed to it.
08:30Then let him do it.
08:31He didn't do it.
08:32If he wants to give,
08:34that's a gratuitous thing
08:35that I'm not getting involved with.
08:37There was also expensive...
08:39What I'm telling you
08:40is with regard to money
08:43for his daughter,
08:44that's between he and his daughter.
08:46He inherited some money.
08:48If he wants to share it
08:49with his other child,
08:51he can do that.
08:52Do you have any other children
08:53other than the boy and the girl?
08:55No.
08:56Okay.
08:56So he has now one child,
08:58and if he wants to give her
09:00some money out of this money
09:02that he got from this tragic accident,
09:06he can do that.
09:07That's not a lawsuit.
09:08What other expenses do you think
09:10that he's responsible for?
09:11The venue, the flowers,
09:13the cost of his suits
09:15that we had to put him in,
09:17all of the other things
09:18that was not...
09:19You had a $10,000
09:21life insurance policy
09:22on your son.
09:23Clearly, all of those expenses
09:25didn't reach $10,000.
09:27He agreed to pay
09:28for half of everything.
09:30No.
09:30So he doesn't have to...
09:32Madam, I'm not even going
09:32to ask him that question.
09:34What your request is
09:35is unreasonable.
09:37He does not sound
09:38like a foolish man.
09:41He said if...
09:41We have messages
09:42that he said he would do it.
09:44Well, I'm telling you,
09:45if he wants to give money
09:46to his daughter,
09:47I'm telling you,
09:48that would be lovely.
09:51If he wanted to make a gift
09:53to her of money,
09:55that's fine.
09:55He's not giving you any money.
09:57I don't want the money.
09:58I wanted it for her.
09:59Just a second.
10:01That's between she and her father.
10:02How old are you?
10:0327.
10:04That's between she and her father.
10:06She wants to have a discussion
10:07with her father
10:07and wants to...
10:08And her father wants to help her.
10:10That has nothing to do with you.
10:12I would certainly have entertained
10:14an application for your expenses
10:16and would have tried to prevail
10:18upon the defendant
10:20that it was the right thing to do
10:22if this was the only money
10:23that was generated
10:25to pay for anything.
10:27And if it was insufficient
10:28to pay for the funeral,
10:30that it would have been...
10:30You would have agreed right
10:31for you to pay for half the funeral.
10:34Yes.
10:34But it was covered by insurance.
10:36The whole thing
10:36was covered by insurance.
10:38Am I wrong about that?
10:39Was it more than $10,000?
10:41No.
10:42Okay.
10:43Your case is dismissed, madam.
10:44We both have my sympathies.
10:45It's a tragedy to lose a child.
10:47Don't make it more difficult.
10:49That's all.
10:49This court is adjourned.
10:55I don't think it was fair.
10:57He agreed to pay
10:58for half of expenses
11:00regardless if there was
11:01a policy for it.
11:02I feel like justice
11:03was served today.
11:04He agreed to give half of it
11:06to his daughter,
11:06which he still did not.
11:08I hope she grows up
11:09and matures
11:10and understands
11:11and comes to me correctly
11:12and then maybe we can
11:13resolve the issue.
11:14He's not a man of his work.
11:16Moving forward,
11:17I got a lot of things
11:18in the works.
11:19I'm turning my life around
11:20and I'm trying to make
11:22a better person out of myself.
11:25In her complaint,
11:26there was no information
11:28or suggestion
11:29that she had a life insurance policy
11:32for her children
11:33that had to have been designed
11:35to pay for funeral expenses
11:37and she had it through work,
11:39which means,
11:39and she said she paid either nothing
11:40or minimum for it.
11:42I'm not sure whether it was
11:43at the daughter's request
11:45or if the plaintiff's mother
11:48was so angry
11:50that he benefited financially
11:53in any way.
11:53And it's clear also
11:55from the papers
11:56that he was not
11:58an involved parent
11:59for a good number
12:00of those years.
12:01He said he was renewing
12:02his relationship
12:03with his son.
12:04You know,
12:04emotionally,
12:05you may understand
12:06why the plaintiff said
12:08it's not fair
12:09that he in any way
12:11financially benefit
12:14from this tragedy.
12:15But she did
12:16in the same way.
12:17She did,
12:17but she says,
12:19I raised him
12:19and he did not participate
12:21in that.
12:22So she feels differently.
12:23I think an important
12:25just little piece
12:26of that case
12:26is if you have
12:27a life insurance policy,
12:29I know the son
12:29received it from his work,
12:31list a beneficiary.
12:32If you know
12:32you have one parent
12:33that really took care
12:35of you your entire life
12:36and you're just starting
12:36to rekindle
12:37with your secondary parent,
12:39list the first parent
12:40as the beneficiary
12:41and then none of this
12:42would have happened.
12:43And people should actually
12:44know whether or not
12:45they have a life
12:46insurance policy.
12:47This kid
12:47maybe didn't even know
12:50that his work
12:51offered this policy
12:52and since he didn't
12:53name a beneficiary,
12:55because probably nobody
12:56when he signed on to work
12:58said you have to name
12:59a beneficiary.
13:00Anyway,
13:01it's interesting.
13:01Young people don't think
13:02about that.
13:04And maybe the right thing
13:07to do for young people
13:08as soon as they have
13:09anything of value
13:10is to create
13:12a very short document
13:13saying what you want
13:14to happen
13:16in the event
13:16something happens to you
13:18so that you don't end up
13:19with situations like this.
13:22Case 4058,
13:23Diallo versus Momo.
13:24All parties,
13:25please come forward.
13:27Abdullai Diallo
13:28is suing his former tenant,
13:31Aloha Darasimi Momo,
13:33for property damage
13:34caused by his vandalism.
13:36Mr. Diallo,
13:38you purchased a home
13:40where?
13:41East Orange.
13:42In New Jersey?
13:42New Jersey, yes.
13:43Do you live in the home?
13:44Uh, no.
13:45So you purchased it
13:46for business?
13:47Business, exactly.
13:48It's a business.
13:49And you rent out rooms
13:50or space in the home?
13:51That is correct.
13:51How large is the house?
13:53It's the two family
13:54with an attic
13:55and a small basement.
13:56How many people
13:58do you have generally
14:00as tenants?
14:01Nine.
14:02Nine total.
14:02Is that correct?
14:03I'm sorry, Your Honor.
14:04It's probably more than that.
14:06Is this one of your tenants?
14:07No, he's just a plumber.
14:09In any event,
14:09this is what your lawsuit
14:10is about.
14:10So now I understand the house.
14:12There are a whole lot
14:13of people there
14:13and they're living
14:14in a lot of different
14:15little spaces,
14:16nooks and crannies.
14:17Your case alleges
14:18that you rented
14:20the defendant
14:21a space in your house.
14:23You describe it
14:25as a corner of the basement
14:26because he was paying you
14:28initially $100 a week.
14:30Correct.
14:30Now in the basement,
14:31how many people
14:32live in the basement?
14:33It's only him
14:35and the super.
14:35They were sharing a space.
14:37So two people
14:38in the basement.
14:39Yeah.
14:39Is there a bathroom
14:40in the basement?
14:41Uh, more like
14:42a half bathroom,
14:43just a toilet.
14:44Is that right?
14:45Did you have just a toilet?
14:46Yeah, there was
14:47just a toilet right there.
14:48Sink?
14:49No.
14:50Just a toilet.
14:50Just a toilet.
14:51No, actually
14:52there was a sink.
14:53There was a sink
14:53where the one
14:54that he broke,
14:55that's the,
14:55that was the,
14:56it was not like a,
14:57it's not like a sink.
14:57It's called a sink.
14:59Like a tub.
14:59It's considered as a sink.
15:01You can use it as a sink.
15:02I don't care what you can use.
15:03A sink is a sink.
15:04I don't understand
15:04what you're talking about.
15:08He says to you,
15:09you could have did that
15:10when I was there,
15:12waiting until I'm not there.
15:13Do what?
15:13Exactly.
15:14He says to you,
15:15and your response to him
15:17is never touch my stuff, bitch.
15:20I just want to know
15:21what that meant.
15:32Abdullahi Diallo
15:33claims his former tenant,
15:36Aloha Darasimi Momo,
15:38is responsible for property damage
15:40after he vandalized the basement.
15:42Okay, so he had a space
15:44in the basement
15:46with the manager of who,
15:48whoever you have,
15:49managing all these people
15:50who were living in the house,
15:51paying you $100 a week,
15:53and it is your claim
15:54that he caused
15:55some serious damage
15:57to the property.
15:59Tell me on what date
16:00he did that.
16:01August 1st, 2024.
16:02Tell me what happened.
16:04So on that day,
16:05I'm on my way to New York
16:06to my family home,
16:07and I just get a call
16:07from my super.
16:08He was sounding
16:09very frustrated.
16:10He was telling me...
16:11You can't tell me
16:11what he said to you.
16:12That's hearsay,
16:13unless he's here.
16:14Okay, well,
16:14I got a phone call,
16:15you know, and I've...
16:16And as a result of that phone call,
16:18what'd you do?
16:18After that phone call,
16:19I had to call the police
16:20right away.
16:20But when I called the police,
16:21they said, well...
16:22You can't tell me
16:23what the police said.
16:24So first thing you did,
16:25you called the police.
16:26What did you do physically?
16:28Did you go to your family?
16:30No, no, no.
16:30I actually had to do
16:31a U-turn and head back.
16:32Tell me what you found
16:33at the house.
16:34So when I went back
16:35to the house,
16:36I met with the cops there,
16:38you know,
16:38and they was finishing
16:39a report.
16:40Was the defendant there?
16:41No, he was gone
16:42by that time.
16:43And what's next?
16:44So I went downstairs
16:45and I saw the damages.
16:46I saw that the water
16:47was splashing all over.
16:48I got a video for that.
16:49And they also gave me
16:50the police report.
16:51The police report
16:52is right here.
16:52I'll look at the police report.
16:53So then pretty much
16:55my super, you know,
16:56he's not here,
16:56but, you know,
16:57she sent me the video
16:59he took earlier
16:59when the water
17:01was splashing
17:01all over the place.
17:02I don't care
17:02if the water's
17:03splashing all over.
17:04I so far...
17:05Damage was messed up.
17:05Listen to me.
17:06I so far
17:06don't have any evidence
17:08that the defendant
17:09did anything.
17:10So I assume
17:11that you have
17:13either a witness
17:14or a video
17:15showing me
17:16that the defendant
17:17caused any damage
17:18to the house.
17:19I sent the defendant
17:20a message.
17:21I said,
17:21hey,
17:22why you didn't do that
17:23when I was there?
17:24I'm going to take you
17:24to court.
17:25You destroyed my property.
17:26He said,
17:26go ahead.
17:27If what you're saying
17:28is that he confessed
17:30to damaging your property,
17:32then I'll see the video
17:34and I'll see that confession.
17:35All right.
17:36If all he said was,
17:37go ahead,
17:38that's not a confession.
17:39So, so far,
17:40I have no evidence
17:41that he caused
17:42any damage to anything.
17:43I'll take a look
17:44at the video
17:45while you're looking
17:46for a text message,
17:47but I have to have proof.
17:48I look to see
17:49if there's damage.
17:50You have to connect
17:51that damage
17:52to the defendant.
17:53Correct.
17:54I got you.
17:54Okay.
17:54So now let me see.
17:56I hope it gets better.
18:10Hold the sally
18:11and the water coming.
18:12Check it out.
18:13I can sell.
18:14I can sell the water
18:14because the barbule over here
18:16is broke to the hole.
18:18The barbule over here
18:19and the signal work.
18:20If for that,
18:21I can sell the barbule.
18:24But you have to do something
18:25to that guy, man.
18:26For real.
18:27I don't tell you
18:28what's coming up
18:29to that guy.
18:30But you don't want to listen
18:31when I'm talking, man.
18:32You see now,
18:34he's telling me
18:34he got a knife for me.
18:36And I got my tooth.
18:39Okay.
18:39So now I see
18:40that there's water
18:41and there's damage
18:42to, I don't know
18:43what it emanated from.
18:45Now you have to somehow
18:46connect the defendant
18:47to the damage
18:49in the basement.
18:50This is the messages
18:51that I text him.
18:52I want you to take a pen
18:53that Kevin is going
18:54to give you
18:55and make a circle
18:56around what you claim
19:00is a confession
19:01by him
19:02that he caused damage
19:04to your property
19:05because you were texting him.
19:19Mr. Momop.
19:20Yes, ma'am.
19:20The first thing
19:21that you say to him,
19:22he says,
19:23you're going to get sued
19:23for what you did.
19:25I hope you're ready
19:26to pay up.
19:26I'm going to courts tomorrow.
19:27You say, go ahead.
19:29And then he says to you,
19:31you could have did that
19:32when I was there,
19:34waiting until I'm not there.
19:36Exactly.
19:36He says to you,
19:38and your response to him
19:40is, never touch my stuff, bitch.
19:43Yes.
19:44I just want to know
19:45what that meant.
19:46Okay.
19:47So on August 1st,
19:49like you said,
19:50I went to work
19:51and then I got back.
19:53Yes.
19:53And then I sent my stuff
19:55out in the living room
19:56where everybody
19:56walks around.
19:58What stuff?
19:59My luggage,
20:00my bags,
20:01my everything.
20:02Okay.
20:02So it was,
20:03just a second,
20:03so your stuff
20:04was in the living room.
20:05Yes.
20:06And then what happened?
20:07I took my stuff
20:08and I left.
20:09Okay.
20:10So you didn't cause
20:10any damage
20:11to the basement?
20:12No.
20:13Is that what
20:13you're telling me?
20:14Yes.
20:15Well, Mr. Diallo,
20:17I don't know
20:18whether or not
20:19the defendant
20:20caused damage
20:21to your property,
20:21but it's your responsibility.
20:23You're the plaintiff.
20:24You have to bring a witness
20:25and instead of bringing
20:26the plumber,
20:28the person who took
20:29that video
20:30seemed to have information
20:32about who caused damage
20:33to the basement.
20:34Correct.
20:34Why didn't you bring
20:35that witness?
20:36He works for you.
20:37I mean, you know,
20:37I did try to bring him,
20:38you know, unfortunately,
20:39he couldn't make it.
20:40So what I did was,
20:41Well, unfortunately,
20:42then he couldn't make it.
20:43If he couldn't make it,
20:44you have no case.
20:44I mean, again.
20:46Not I mean.
20:46He's gonna say.
20:47I'm not I mean.
20:48He's gonna say he didn't.
20:49I understand exactly.
20:49I mean, I know he's lying.
20:50He's gonna be lying, of course.
20:51You understand.
20:51Nobody's gonna say
20:52they did something they did.
20:53You're trying to talk over me, sir.
20:54You understand exactly
20:55what I'm saying to you.
20:56Yeah, I understand
20:56what you're saying.
20:57You need more proof.
20:57This is a court.
20:58Right.
20:58Not you need more proof.
21:00You need proof
21:01of who did the damage.
21:03Correct, correct.
21:03To this disgusting place
21:05that you rented to him
21:06for $100 a week.
21:08Yes, I understand.
21:08And you chose
21:09to bring somebody
21:10who has no proof.
21:12And you have an employee
21:14who works for you.
21:16Right.
21:16Who lived in the basement.
21:17Mm-hmm.
21:19Who you could have brought.
21:20Well, so there's a doctrine
21:22in the law
21:22that if you have
21:23a witness or evidence
21:26that you fail
21:27to produce in court,
21:29there's a legal presumption
21:31that works not in your favor
21:33because you have the evidence
21:35and you chose
21:36not to bring it.
21:37All right.
21:38First of all,
21:38And Your Honor,
21:39can I not say something?
21:40Why would you want
21:41to say anything?
21:42You're not losing.
21:42Right?
21:43Yeah.
21:44Case is dismissed.
21:45Thank you very much.
21:46We're done.
21:46This court is adjourned.
21:52I understand that
21:53she's doing her job,
21:54but at the end of the day,
21:55if I'm showing you messages
21:57that someone is telling me,
21:59go ahead,
21:59do this on the same date
22:01that the thing happened,
22:02you should put two
22:03and two together
22:03and actually found out
22:05that, yes,
22:06he did do the damage.
22:07I'm connected
22:07with what the judge
22:09had just said
22:09because I didn't have
22:10nothing to do
22:11with the situation.
22:12He got a little upset,
22:13emotional,
22:14he took it out
22:14on my property
22:15and that's why I said,
22:16why you didn't do that
22:16when I was there
22:17through the messages?
22:18He texted me telling me,
22:19oh, I did something
22:20and I'm like,
22:21no, I didn't.
22:22I wish the one
22:23that actually was there
22:24at the time
22:24that gave me the video
22:25could have made it,
22:26but unfortunately,
22:27he couldn't make it.
22:27I'm happy I'm not
22:28living there anymore.
22:31That was a pretty sad
22:33place to live
22:34in the corner
22:35of the basement.
22:36I don't care,
22:37flood or no flood
22:38and the plaintiff
22:39bought the house
22:40for that purpose
22:41so there were
22:42at least nine people
22:44living there.
22:45I haven't used
22:46that negative inference
22:47or negative presumption
22:49in a long time.
22:50You remember it
22:50from law school?
22:51A little bit.
22:52It's a little far off.
22:53Yeah.
22:53If you have evidence
22:55or documentation
22:56as a party
22:57to a civil litigation
22:59and if you choose
23:00not to bring
23:01that evidence,
23:02then the finder of fact,
23:04in this case it's me
23:05or the jury,
23:06can assume
23:07that if you had brought it,
23:09it would not have been
23:10favorable to you
23:12because you have
23:13control over it.
23:14So in this case,
23:15the plaintiff
23:16had an employee
23:17who clearly
23:18he had knowledge
23:19of what was going on.
23:21He chose not to bring him.
23:22But at the end of the day,
23:23it is the plaintiff's burden
23:24to show the connection
23:25and here,
23:26he didn't.
23:27And he tried to make a leap
23:29with the text messages,
23:30but I feel like
23:31an innocent person
23:31could have texted
23:32those same messages.
23:34So he did not meet
23:35his burden
23:36and his burden
23:37is a small,
23:38but he didn't meet it.
23:41Are you having
23:42a family dispute?
23:44Go to JudyJustice.tv.
24:24Go to JudyJustice.tv
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