MDorBust From , joined Dec 1969, posts, RR:
Reply 2, posted (8 years 9 months 2 weeks 1 day 14 hours ago) and read 2353 times:
...an odd legal question popped into my mind.
Does she even have legal grounds to file the suit on?
If the vehicle is in his name, she has no claim to it and can't file for damages against the property... being as it's not her property. If the vehicle is in her name... how did he file the first case... and if it's jointly registered, there isn't any case at all since he caused the damage.
And now for question two: under California law, can the city counter sue the couple to recover legal expenses from a case that is obviously frivolous?
Jean Leloup From Canada, joined Apr 2001, 2116 posts, RR: 19
Reply 10, posted (8 years 9 months 2 weeks 1 day 14 hours ago) and read 2278 times:
This is indeed pretty funny, but I think we are missing some details. If, for instance, the reason he ended up backing into his car had something to do with the city's inadequate training of its dump-truck drivers, or if he had been required to turn the truck around in an unsafe space, etc., then I could certainly see a sense in which the city (and it's policies, procedures, training, etc.) would be at least partly responsible. But if it's simply his negligence, then that's different.
But to use my point in a more obvious example, let's say he was just driving by his house with the truck, and some gravel fell out of the truck because there were holes in the tarp or the side of the truck, or because there were chunks of gravel being thrown up by the tires, etc., and his car was damaged by the rocks. In that case it would certainly seem to be the city's fault, and not his negligence.
So I think the merits of this case would depend on just why and how he ended up damaging his car. In some cases, the city would seem to bear some responsibility, in others not.
Bill142 From Australia, joined Aug 2004, 8467 posts, RR: 8
Reply 11, posted (8 years 9 months 2 weeks 1 day 13 hours ago) and read 2222 times:
Should be a simple insurance matter. If he was driving a vehicle owned by the city, then the owner of the hit vehicle, even if its owned by the person driving the city owned vehicle has the right to claim.