Tom and Jerry: Defenders of All Things Right and Good

Thursday, March 16, 2006

In case there's any doubt that we live in an over-litigious society...

...I present the following news item:

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Man Hits His Own Car Then Sues Himself
Mar 16 7:17 AM US/Eastern

LODI, Calif.

When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages. Only thing is, he was the one driving the dump truck. But that minor detail didn't stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident, even after admitting the crash was his fault.

After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.

City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can't sue her own husband.

"You can sue your spouse for divorce, but you can't sue your spouse for negligence," Schwabauer said. "They're a married couple under California law. They're one entity. It's damage to community property."
But Rhonda Gokey insisted she has "the right to sue the city because a city's vehicle damaged my private vehicle."

In fact, her claim, currently pending at Lodi City Hall, is for an even larger amount _ $4,800.

"I'm not as nice as my husband is," she said.
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I have seen the abyss. Jerry, over and out....

1 Comments:

  • The scary thing is that she may win on the grounds that her husband should have gotten better training in dump-truck driving from Lodi officials, or that they were negligent in supervising him or making sure his training was effective. Wouldn't surprise me at all. I spent summers in the area growing up and got my original driver's license in a town not far from Lodi--the only redeeming feature is that there is no parallel parking requirement on their driver's test because there is no parallel parking in farm country! 16 years later, I still can't parallel park.

    By Blogger Kristen, at Thursday, March 16, 2006 9:19:00 PM  

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