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{\an8}A car comes out from over here,
it hits me.
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And I ended up in his yard...
to avoid a collision.
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The victim of a hit and run.
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I'm a victim here.
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She swerved in my direction to
avoid hitting other cars.
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That sounds smart.
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- Well...
- [narrator] This is Judy Justice.
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{\an8}[indistinct courtroom chatter]
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{\an8}[narrator] Jimmy Davis is suing motorist
Mi Keya Bingham for property damage
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00:00:41,900 --> 00:00:44,300
to his house from a car accident.
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[bailiff]
Court come to order. All rise.
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Have a seat everyone.
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{\an8}Hello Judge.
Case 2157, Davis versus Bingham.
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[clapping] Miss Bingham.
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- Yes, ma'am.
- [clapping] You hit Mr. Davis' house.
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- It was a wall, a retaining wall.
- [Judy] Wall.
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Yes, ma'am.
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You hit his wall...
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{\an8}- Yes, ma'am.
- with your car
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{\an8}- Yes, ma'am.
- [Judy] It damaged his wall.
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His wall didn't move.
His wall didn't come up on you.
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And you were at home at the time.
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No, ma'am. I was actually away.
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{\an8}Okay, so you didn't see what happened.
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{\an8}Not visually witness the incident.
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{\an8}- [Judy] Okay.
- Just the damage after.
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- Who did?
- There were several neighbors.
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Uh, one of my neighbors called me...
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[Judy] You don't... you have no
witnesses here today.
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I do not have any witnesses
with me today. They could not...
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[Judy]
Do you have a police report?
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- Yes, ma'am. I do.
- I'd like to take a look at it.
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[shuffles papers]
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[Judy]
Thank you.
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Accident happened on September 22nd.
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Who's car were you driving?
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It was my car.
My dad bought it for me.
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- When?
- [defendant] Uh, last year.
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{\an8}- Um.
- [Judy] What kind of car is it?
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{\an8}20-..., 2012 Nissan Altima.
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{\an8}[Judy]
You have insurance on the car?
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I have insurance.
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Did you have insurance?
And you're going to tell me with whom,
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'cause that she can check,
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on September 22nd of 2022?
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Yes, ma'am.
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00:02:05,300 --> 00:02:06,467
- [Judy] You did?
- Yes, ma'am...
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00:02:06,467 --> 00:02:08,066
- [Judy] With whom?
- Direct.
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00:02:08,066 --> 00:02:09,867
Okay, let me see
that you had insurance.
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00:02:09,867 --> 00:02:11,700
Do you have proof that you had
insurance on the car?
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Well, I have the policy.
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Were you current
on payments for the policy?
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Yes, ma'am.
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00:02:16,600 --> 00:02:18,233
Okay, so you had insurance.
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I'm just wondering why your insurance
didn't cover this accident.
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- [scoffs]
- [Judy] I know.
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{\an8}What time did you hit his wall,
on the 22nd?
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{\an8}It was about 4:30, 4:45ish.
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{\an8}[Judy] In the afternoon?
- Yes, ma'am.
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[Judy]
Where were you going?
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I was on the way to pick up my uncle
to go to my son's football game.
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Okay, so Miss Bingham, tell
me what happened.
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I was getting off the interstate.
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I turned right.
I was coming up to the light.
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As I was going to the light,
I never seen the car--
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[Judy] Go up to the chart and tell,
explain it to me.
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Okay, so this is 28th.
I got off the interstate, this is me,
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driving straight to the light.
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As I was going straight,
just how it happened,
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a car comes out from over here,
in Hadley Park.
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It hits me.
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It caused me to go left,
but I was in this lane.
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I was in this lane.
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It was gonna cause me to go
left and hit the cars in these lanes.
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So I turned right,
and I ended up in his yard.
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To avoid a collision.
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Do you have photographs of
the rear damage to your car?
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Um, it's right here, but you can't see.
I guess they cropped out most of it.
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I want to see the damage
to the right...
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- [plaintiff] If I may...
- driver side... yes.
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I have some photos
that might be helpful.
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[Judy]
I'd like to see them.
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[shuffles papers]
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[plaintiff] Uh, these are the car and
these are other vantages as well.
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[Judy]
So, it appears that someone hit her car...
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- Um-hmm.
- on the driver's rear panel.
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[plaintiff]
Yes, ma'am.
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- [Judy] And took off.
- Yes, yes ma'am.
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- [Judy] Do you own this home, sir?
- Yes, ma'am, I do.
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And there's no question that you
swerved in and damaged his property.
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00:04:00,133 --> 00:04:01,433
- Yes, ma'am
- [Judy] Okay.
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00:04:01,433 --> 00:04:04,166
Did you try to contact
her insurance company?
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- [defendant] I did.
- You went home, you were called,
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came from wherever you were from work.
You came home...
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- Correct.
- [Judy] you took a look at it.
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Car was still there when you got home?
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{\an8}Uh, no, ma'am.
She, uh, the car was removed.
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{\an8}My neighbor was able to put me on the
phone with Mi Keya and the police officer.
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So I was able to get that information.
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Immediately, when returning home,
I reached out
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to submit the photos
that I had taken myself.
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And submit the police report
after obtaining it.
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It took, you know, quite a considerable
amount of time to get back with me,
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but, when I reached out again
to understand the status,
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they said that she's not liable and they
were not going to stand behind it.
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Can I see what they sent to you?
Did they send something to you?
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They did send a letter.
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[Judy]
I'd like to see it.
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Uh, I do not have that letter with me,
but I actually called to speak with them.
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You said they sent you a letter.
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- [plaintiff] Yes, ma'am.
- And where is it?
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I don't have letter.
It was a denial letter.
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[Judy]
That said it was not her fault.
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It did not say it was her fault,
but they said they could not
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uh, submit the claim due to,
I guess, the whatever...
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insurance she had,
whatever coverage she had.
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The amount of coverage.
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Oh no, that's a different story.
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You see, that's why I need the letter.
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'Kay.
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Either they said that they're denying
the claim because it wasn't her fault.
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Or they're denying her claim because she
had no insurance to cover it.
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The letter also indicated, of course,
reaching out to the company to speak
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and to discuss it further.
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So when I did reach out to the
point of contact on the letter,
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to understand why
they weren't covering it,
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the amount of coverage that she had
did not cover, I guess, property damage.
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And that was an argument
between me and the company.
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Well, how much did it cover?
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- They did not specify.
- [Judy] How mu... oh...
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They simply denied it and pushed it away,
and actually hung up on me, so...
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There's no denying the car's there, right?
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Ooh, yes.
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No denying the accident.
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[Judy] No, I do understand you.
Do you have homeowner's insurance?
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I do have homeowner's insurance.
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[Judy] Did you put it in
through your homeowner's insurance?
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I consulted homeowner's insurance
and they suggested that I work this out.
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Me personally, instead of taking the
hit on my homeowner's insurance,
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as a victim of this accident.
So, I didn't see that necessary.
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Well, Mr. Davis,
I sort of disagree with you, sir.
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And usually, that's not the
position I take.
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But if I am to believe Miss Bingham,
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{\an8}and based upon the evidence
that you presented to me,
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{\an8}it clearly demonstrates
that she was hit.
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Her vehicle was a victim
of a hit and run.
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Her vehicle was hit,
which caused this accident.
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There is no indication anywhere in the
police reports that she was speeding,
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that she went through a light...
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Based on her own testimony she swerved in
my direction to avoid hitting other cars.
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Well, wouldn't that be smart?
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{\an8}If her insurance didn't cover it,
your homeowner's will cover it.
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{\an8}My homeowner's covers that,
and that's a penalty for me,
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{\an8}and I'm a victim here.
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{\an8}- [Judy] So is she...
- She crossed over...
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00:06:43,433 --> 00:06:46,767
{\an8}[Judy] Just a second. So is she.
She can't find the other driver.
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{\an8}- I mean, it would be different...
- That's, that's her responsibility.
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{\an8}[Judy scoffs] No, sir.
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{\an8}[narrator]
And later today...
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{\an8}- You would like the two kayaks back.
- Correct.
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00:06:54,734 --> 00:06:58,133
{\an8}And when did you begin
storing them at the defendant's?
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{\an8}I brought them over the next
day after I bought them.
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00:07:00,867 --> 00:07:03,266
{\an8}Okay, you acknowledge
the fact that the plaintiff,
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{\an8}who was then your friend,
brought them over for you to store,
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{\an8}you're not friends anymore,
she wants them back.
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{\an8}Why not?
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{\an8}[narrator] Jimmy Davis, claims
motorist Mi Keya Bingham
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00:07:24,533 --> 00:07:29,767
{\an8}owes for damage to his house
after Mi Keya crashed into his yard.
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That sounds smart.
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00:07:31,133 --> 00:07:33,333
- [plaintiff] It was smart...
- She didn't want to hit oncoming traffic
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coming from the other direction...
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It was not oncoming traffic.
She was in the same lane with the traffic.
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If I am to believe her,
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{\an8}and your evidence showing that her car was
hit in the rear on the driver's side,
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{\an8}So I have no reason to doubt her.
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{\an8}There was no issue
of drugs or alcohol involved.
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{\an8}You weren't issued a citation, I assume?
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00:07:52,500 --> 00:07:53,767
{\an8}- No, ma'am.
- [Judy] No.
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{\an8}Then, if her insurance didn't cover it,
your homeowner's will cover it.
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00:07:57,900 --> 00:07:59,567
- [plaintiff] Sure.
- And you should go thru your homeowner's.
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My homeowner's covers that,
covers that, and that's a penalty for me.
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00:08:02,633 --> 00:08:03,700
And I'm a victim here.
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00:08:03,700 --> 00:08:04,934
- [Judy] So is she...
- She crossed over...
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00:08:04,934 --> 00:08:06,767
[Judy]
Just a second, so is she.
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00:08:06,767 --> 00:08:07,734
- [plaintiff] I under...
- If I am to believe her,
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00:08:07,734 --> 00:08:08,900
and I believe her.
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00:08:08,900 --> 00:08:09,834
So is she.
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00:08:10,200 --> 00:08:12,734
- I understand, uh, but...
- [Judy] So I think what you have to do,
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00:08:12,734 --> 00:08:14,667
is go though your homeowner's,
not Miss Bingham.
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00:08:14,667 --> 00:08:17,967
[Judy] She can't find the other driver.
I mean, it would be different...
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00:08:17,967 --> 00:08:19,333
That's, that's her responsibility.
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00:08:19,333 --> 00:08:20,867
[Judy scoffs] No, sir.
193
00:08:20,867 --> 00:08:23,834
She is a victim of a hit and run.
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00:08:23,834 --> 00:08:25,834
She has no way,
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00:08:25,834 --> 00:08:28,567
unless it comes out of her pocket,
of compensating you.
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00:08:28,567 --> 00:08:30,266
- It came out of my pocket...
- [Judy] She has no...
197
00:08:30,266 --> 00:08:32,433
- directly
- [Judy] No, she has no way,
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00:08:32,433 --> 00:08:35,600
unless it's out of her pocket,
of compensating you.
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00:08:35,600 --> 00:08:39,734
She has insurance.
You have no evidence to give me today,
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00:08:39,734 --> 00:08:44,734
as to why her insurance made a decision
that they weren't responsible.
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00:08:44,734 --> 00:08:47,100
You don't have that with you today.
202
00:08:47,100 --> 00:08:49,934
And it could very well be,
as her insurance company determined,
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00:08:49,934 --> 00:08:53,467
that this accident,
while tragic, was not her fault.
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00:08:53,467 --> 00:08:55,800
She was, in fact,
a victim of a hit and run.
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00:08:55,800 --> 00:09:00,133
You were a byproduct of that.
So, I'm telling you,
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00:09:00,133 --> 00:09:01,433
go to your homeowner's.
207
00:09:01,433 --> 00:09:03,967
Well, let me understand
correctly here...
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00:09:03,967 --> 00:09:07,133
What I'm telling you is,
use your homeowner's.
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00:09:07,133 --> 00:09:09,033
That's what I would do.
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00:09:09,033 --> 00:09:12,033
That's you. I mean a lot of other people
would have a different decision.
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00:09:12,033 --> 00:09:14,200
A lot of other people would
bring it to small claims court
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00:09:14,200 --> 00:09:15,734
and try to dispute that,
and that's what--
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00:09:15,734 --> 00:09:18,900
Well, that's what your doing and I am
telling you that you should use your
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00:09:18,900 --> 00:09:20,700
homeowner's insurance
because that's what it's for.
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00:09:20,700 --> 00:09:24,133
Typically, with car insurance,
there's property coverage--
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00:09:24,133 --> 00:09:28,367
You don't have, sir,
I'm not accepting your hearsay.
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00:09:28,367 --> 00:09:32,567
You have to prove your case to me.
You see, that's your burden.
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00:09:32,567 --> 00:09:34,400
You have to prove your case.
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00:09:34,400 --> 00:09:40,367
I have now made a decision
that the accident was not caused by her.
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00:09:40,367 --> 00:09:43,166
- [Judy] She was not...
- Not caused by her deciding to swerve
221
00:09:43,166 --> 00:09:45,734
- into my property.
- Are you trying to talk over me?
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00:09:45,734 --> 00:09:47,934
Just adding a little extra context to it.
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00:09:47,934 --> 00:09:50,967
[Judy] It was not caused by
substance abuse.
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00:09:50,967 --> 00:09:53,033
It was not caused by speeding.
225
00:09:53,033 --> 00:09:58,734
There was no violation given to her.
And according to you, she had insurance.
226
00:09:59,166 --> 00:10:02,367
[Judy] So it's up to you
to show me why...
227
00:10:02,367 --> 00:10:03,800
- Her insurance policy...
- [Judy] her insurance...
228
00:10:03,800 --> 00:10:08,100
No, not her policy. Why you were
told her insurance didn't cover it?
229
00:10:08,100 --> 00:10:09,567
You don't have that here.
230
00:10:09,567 --> 00:10:12,367
In the event that you'd given me a
letter, and the letter said
231
00:10:12,367 --> 00:10:15,300
she has liability
for a certain amount,
232
00:10:15,300 --> 00:10:21,200
but it's not the $5000 that you're
alleging that it will cost to redo this.
233
00:10:21,200 --> 00:10:25,000
She only had $2500,
well then I would say to you:
234
00:10:25,000 --> 00:10:29,633
"Her insurance should kick in the $2500
and I'm gonna give you the other $2500."
235
00:10:29,633 --> 00:10:32,066
You shouldn't be out of pocket.
I would do that...
236
00:10:32,066 --> 00:10:35,266
- [plaintiff interrupting]
- If she determines to underinsure,
237
00:10:35,367 --> 00:10:40,166
her liability so that she pays less in
insurance, then that's on her. Then...
238
00:10:40,166 --> 00:10:42,800
The insurance company wouldn't
disclose all that to me.
239
00:10:42,800 --> 00:10:45,767
They sent you a letter
and you don't have it.
240
00:10:45,767 --> 00:10:47,033
{\an8}- A denial letter and...
- [Judy] No.
241
00:10:47,033 --> 00:10:49,867
{\an8}That's what you're telling
me, that's hearsay, sir.
242
00:10:49,867 --> 00:10:51,367
{\an8}- Okay.
- That's hearsay.
243
00:10:51,367 --> 00:10:53,767
It's not hearsay if you
bring it in to show it to me.
244
00:10:53,767 --> 00:10:55,867
- Understood.
- So what I'm telling you is
245
00:10:55,867 --> 00:11:00,500
this is an incident where, in my judgment,
you have two innocent people
246
00:11:00,500 --> 00:11:04,000
who were both victims
of an irresponsible driver.
247
00:11:04,000 --> 00:11:07,300
And if her insurance company,
for some reason,
248
00:11:07,300 --> 00:11:08,400
{\an8}and I don't know know what it is,
249
00:11:08,400 --> 00:11:10,400
{\an8}that's for her to take up with her
insurance company.
250
00:11:10,400 --> 00:11:13,166
{\an8}I don't know whether she's under insured
or they determined,
251
00:11:13,166 --> 00:11:16,166
after looking at the same things
that I determined,
252
00:11:16,166 --> 00:11:17,700
that the accident wasn't her fault.
253
00:11:18,166 --> 00:11:22,233
So, you can't tell me what they wrote,
because you didn't bring that letter.
254
00:11:22,233 --> 00:11:24,400
And we're talking about
something that you got a month ago.
255
00:11:24,400 --> 00:11:25,767
- Understood...
- [Judy] Okay, good.
256
00:11:25,767 --> 00:11:28,567
- I have a question for you.
- Then go through your homeowner's,
257
00:11:28,567 --> 00:11:30,133
'cause your case is dismissed.
We're done.
258
00:11:30,133 --> 00:11:31,266
[bailiff]
This court is adjourned.
259
00:11:34,400 --> 00:11:37,333
{\an8}The defendant says she chose
to drive into my house
260
00:11:37,333 --> 00:11:38,667
{\an8}instead of hitting another car.
261
00:11:39,133 --> 00:11:41,066
{\an8}Both are equally as dangerous
and that cost me.
262
00:11:41,066 --> 00:11:43,500
{\an8}I didn't want to hit
five or six other cars.
263
00:11:44,000 --> 00:11:45,900
{\an8}So, I just did what I thought was best.
264
00:11:45,900 --> 00:11:49,266
{\an8}You know, I found out because
it's a very public street,
265
00:11:49,266 --> 00:11:52,500
{\an8}uh, many people know that
community, so people reached out.
266
00:11:52,500 --> 00:11:54,467
{\an8}It was just, everything
happened so fast.
267
00:11:54,467 --> 00:11:56,800
{\an8}I can't explain it.
Energy was just, like, I'm stuck.
268
00:11:56,800 --> 00:11:59,367
{\an8}You know, my car just got
stuck, and I was just like, hey...
269
00:12:00,166 --> 00:12:02,767
{\an8}... I'm just glad I didn't hurt
anybody else.
270
00:12:02,767 --> 00:12:04,767
{\an8}Because they saw that it was a
very horrible accident.
271
00:12:04,767 --> 00:12:08,633
{\an8}That's all. I was happy I was still here.
Not the car, not the house, me.
272
00:12:08,633 --> 00:12:10,367
{\an8}I'm glad I'm still here
to hold my son.
273
00:12:11,767 --> 00:12:13,600
You know, the plaintiff
really hurt himself
274
00:12:13,600 --> 00:12:15,900
with those photos of the
defendant's car.
275
00:12:15,900 --> 00:12:18,533
And he didn't even notice.
I don't think he even notices still.
276
00:12:18,533 --> 00:12:20,700
[scoffs] But she had
no proof in front of her.
277
00:12:20,700 --> 00:12:23,734
No papers, no photos
of what her car looked like.
278
00:12:23,734 --> 00:12:26,967
So she would have no way of showing
that the accident was not her fault.
279
00:12:26,967 --> 00:12:30,700
But he proved at the accident was not
her fault, based on the photos of the car
280
00:12:30,700 --> 00:12:32,767
and just the situation in which
her car got hit.
281
00:12:32,767 --> 00:12:34,900
But that's the reason
that people have insurance.
282
00:12:34,900 --> 00:12:39,767
So, I agreed with your sentiment about
"use it", that's it's entire purpose.
283
00:12:40,400 --> 00:12:42,700
And I think that if he would
have come in here and said,
284
00:12:42,700 --> 00:12:47,700
"Okay, I will put it through insurance,
but I have a $5000 deductible."
285
00:12:47,700 --> 00:12:51,667
I felt like you would been more
inclined to give him a portion of that...
286
00:12:51,667 --> 00:12:52,867
- Yeah.
- Since neither of them were
287
00:12:52,867 --> 00:12:53,934
- really at fault. They were both
- [Judy] Right.
288
00:12:53,934 --> 00:12:58,567
victims of a hit and run. But I would have
respected that more if he had chosen to
289
00:12:58,567 --> 00:13:00,233
use his own homeowner's insurance
290
00:13:00,233 --> 00:13:01,467
- as opposed to going
- Right.
291
00:13:01,467 --> 00:13:04,500
after another victim.
She wasn't at fault, and he knew that...
292
00:13:04,500 --> 00:13:07,200
She really wasn't at fault.
She really wasn't at fault.
293
00:13:07,633 --> 00:13:10,233
And as we discussed a moment ago.
294
00:13:10,233 --> 00:13:12,734
The suggestion that
she should have gone into the,
295
00:13:12,734 --> 00:13:14,266
- [scoffs]
- to the left,
296
00:13:14,266 --> 00:13:16,667
where there was oncoming traffic,
297
00:13:16,667 --> 00:13:19,066
rather than veering to the
right and hit some thing...
298
00:13:19,066 --> 00:13:21,633
- Yeah.
- that was a stationary object...
299
00:13:21,633 --> 00:13:23,767
It was definitely the safer option,
and in that split second moment...
300
00:13:23,767 --> 00:13:27,033
- [Judy] Yeah, she made...
- She was lucky she made that decision.
301
00:13:27,033 --> 00:13:29,100
You never know, someone could
have lost their life.
302
00:13:29,100 --> 00:13:30,000
[Judy] Right.
303
00:13:30,000 --> 00:13:34,233
Case 2153, Fallis versus Maisenbach.
All parties please step forward.
304
00:13:34,233 --> 00:13:38,433
{\an8}[narrator] Elizabeth Fallis
is suing her former friend,
305
00:13:38,433 --> 00:13:42,967
{\an8}Kristi Maisenbach for two kayaks,
and an assault.
306
00:13:42,967 --> 00:13:47,300
Miss Fallis, it is your claim...
you and the defendant were friends?
307
00:13:47,300 --> 00:13:49,367
- Been friends for a while?
- [plaintiff] Yes.
308
00:13:49,367 --> 00:13:51,433
Your allegations are twofold.
309
00:13:51,433 --> 00:13:55,367
{\an8}First, you say the defendant
assaulted you after a party.
310
00:13:55,367 --> 00:13:56,300
{\an8}Mmm, yes.
311
00:13:56,300 --> 00:13:59,000
{\an8}[Judy] You weren't injured
as a result of that assault.
312
00:13:59,000 --> 00:14:00,834
You didn't seek
medical attention but,
313
00:14:00,834 --> 00:14:04,767
you said that you had some
scratches and that she hit you.
314
00:14:04,767 --> 00:14:05,834
- Yes.
- [Judy] Okay.
315
00:14:07,700 --> 00:14:10,834
So she was on top of me.
I was scratching, hitting,
316
00:14:10,834 --> 00:14:12,400
pull... just trying to get away.
317
00:14:12,400 --> 00:14:14,934
I don't think
she really remembers everything.
318
00:14:14,934 --> 00:14:16,734
And it just happened so fast.
319
00:14:16,734 --> 00:14:19,800
{\an8}But I was finally able to leave get out of
the home with my daughter safely.
320
00:14:19,800 --> 00:14:20,967
Okay, bad behavior.
321
00:14:20,967 --> 00:14:22,233
I agree.
322
00:14:22,233 --> 00:14:24,266
- Bad behavior?
- [defendant] Mmm.
323
00:14:35,300 --> 00:14:38,934
{\an8}[narrator] Elizabeth Fallis
claims her former friend,
324
00:14:38,934 --> 00:14:43,700
{\an8}Christie Kristi Maisenbach owes
for two kayaks, and an assault.
325
00:14:43,700 --> 00:14:45,433
There was no medical treatment.
326
00:14:45,433 --> 00:14:47,867
{\an8}There was some drinking
that went on that night.
327
00:14:47,867 --> 00:14:50,300
{\an8}- Yes.
- [Judy] But the thrust of your complaint
328
00:14:50,300 --> 00:14:55,533
{\an8}is that you gave the defendant
two kayaks that you had purchased.
329
00:14:55,533 --> 00:14:57,033
- Correct.
- Because the defendant
330
00:14:57,033 --> 00:15:00,600
has a piece of property,
and you didn't have a place to store them.
331
00:15:01,266 --> 00:15:04,834
And you asked if you could
store them at the defendant's home.
332
00:15:04,834 --> 00:15:06,533
- Correct.
- [Judy] She said "yes".
333
00:15:06,533 --> 00:15:11,333
You're no longer friends after this
"kerfuffle" that took place after a party.
334
00:15:11,333 --> 00:15:14,033
- And you would like the two kayaks back.
- Correct.
335
00:15:14,033 --> 00:15:15,400
When did you purchase them?
336
00:15:15,400 --> 00:15:19,100
- I bought them on April 29, 2020.
- From whom.
337
00:15:19,100 --> 00:15:22,133
This lady and her mother were selling
them on Facebook Marketplace.
338
00:15:22,133 --> 00:15:25,633
They were moving out of state and
and her mom couldn't take them with her.
339
00:15:25,633 --> 00:15:29,467
So, um, I have the messages of
those two but I bought them on Facebook.
340
00:15:29,467 --> 00:15:33,066
- [Judy] And how much did you...
- Um, $320. Or $350, sorry.
341
00:15:33,066 --> 00:15:34,867
- [Judy] For both of them or each?
- For both of them.
342
00:15:34,867 --> 00:15:37,900
And when did you begin storing
them at the defendant's?
343
00:15:37,900 --> 00:15:40,967
I brought them over the next day
after I bought them
344
00:15:40,967 --> 00:15:44,767
'cause I live in an upstairs apartment.
I had nowhere to keep them.
345
00:15:44,767 --> 00:15:50,033
{\an8}So, she has a house that she lives
in so it was a better situation for them.
346
00:15:50,033 --> 00:15:51,033
Where are you living now?
347
00:15:51,300 --> 00:15:52,734
I still live in an upstairs apartment.
348
00:15:52,734 --> 00:15:54,100
Where are you going to
put the kayaks?
349
00:15:54,100 --> 00:15:55,433
I was planning on storage,
350
00:15:55,433 --> 00:15:58,834
or maybe find a family member
who has a home to take them to.
351
00:15:59,300 --> 00:16:01,266
But to basically probably buy a storage.
352
00:16:01,266 --> 00:16:04,433
That's pretty expensive
to keep them in storage if...
353
00:16:05,133 --> 00:16:08,033
...you paid $350 for the two of
them two years ago.
354
00:16:08,033 --> 00:16:10,100
Have you used them in two years?
355
00:16:10,100 --> 00:16:12,033
I bought them this year this
April, 2022.
356
00:16:12,033 --> 00:16:13,800
- [Judy] Oh, 2022.
- Sorry, yeah, '22.
357
00:16:13,800 --> 00:16:16,066
Okay. Have you used them?
358
00:16:16,066 --> 00:16:18,834
{\an8}Yeah, I use them,
I use them often with my daughter.
359
00:16:18,834 --> 00:16:19,967
{\an8}She's five and autistic.
360
00:16:19,967 --> 00:16:21,667
{\an8}[Judy]
Have you used them with the defendant?
361
00:16:21,667 --> 00:16:23,867
- No.
- Have you used the kayaks?
362
00:16:23,867 --> 00:16:26,200
Uh, personally I have not yet.
I haven't had the chance to.
363
00:16:26,200 --> 00:16:27,467
[Judy]
Just to say, you have not.
364
00:16:27,467 --> 00:16:28,934
I have not yet, no.
365
00:16:28,934 --> 00:16:31,300
Okay, you acknowledge
the fact that the plaintiff,
366
00:16:31,300 --> 00:16:32,500
who was then your friend,
367
00:16:32,500 --> 00:16:34,066
brought them over
for you to store.
368
00:16:34,066 --> 00:16:36,266
You're not friends anymore,
she wants them back.
369
00:16:36,266 --> 00:16:37,300
Why not?
370
00:16:37,300 --> 00:16:40,066
Um, so, I would like to kinda
go back to the beginning.
371
00:16:40,066 --> 00:16:41,300
Where, like the assault happened.
372
00:16:41,300 --> 00:16:42,734
Just so that you can kind of,
like ex... uh...
373
00:16:42,734 --> 00:16:45,400
[Judy]
I'll, I'll get to this. The assault is,
374
00:16:45,400 --> 00:16:50,066
the assault is not the
important part of this case.
375
00:16:50,066 --> 00:16:52,333
Okay. Um, so the kayaks,
376
00:16:52,333 --> 00:16:55,667
{\an8}originally, it was a deal that
if I was to keep them at my house
377
00:16:55,667 --> 00:16:57,100
{\an8}that we could both use them.
378
00:16:57,100 --> 00:16:59,867
When she wanted them back I just
didn't necessarily feel like that was fair
379
00:16:59,867 --> 00:17:04,533
because the original agreement was that,
um, they were kind of almost both ours.
380
00:17:04,533 --> 00:17:06,667
I just didn't have the
opportunity to use them yet.
381
00:17:06,667 --> 00:17:08,100
Okay. All right.
382
00:17:08,100 --> 00:17:10,500
Well, now you're not friends anymore.
Now she wants them back.
383
00:17:10,500 --> 00:17:13,500
So she's going to pick up
the kayaks within five days.
384
00:17:14,066 --> 00:17:16,233
if you don't pick them up
within five days...
385
00:17:18,433 --> 00:17:20,300
you're out of luck.
Do you understand?
386
00:17:20,300 --> 00:17:21,567
- I understand.
- Okay.
387
00:17:21,567 --> 00:17:24,667
Good, so within five days from
todays date we'll prepare an order.
388
00:17:24,667 --> 00:17:26,567
You can pick up the kayaks.
389
00:17:26,567 --> 00:17:29,900
Now, you want to proceed with
the assault part of your case?
390
00:17:29,900 --> 00:17:31,200
- Yes.
- [Judy] Okay.
391
00:17:31,200 --> 00:17:34,900
Show me pictures of what the
injuries were that you sustained.
392
00:17:34,900 --> 00:17:37,900
I don't have any photos.
I had a different phone at the time, and--
393
00:17:37,900 --> 00:17:39,667
[Judy] Just a second.
So you don't have any photos.
394
00:17:39,667 --> 00:17:40,967
Do you have any medical reports?
395
00:17:40,967 --> 00:17:42,333
- I don't.
- [Judy] Okay.
396
00:17:42,333 --> 00:17:45,867
This alleged assault
happened on what date?
397
00:17:45,867 --> 00:17:48,533
Um, it was August 17th, 2022.
398
00:17:48,533 --> 00:17:52,333
Were you both out that night or
were you having a party in a house?
399
00:17:52,333 --> 00:17:56,433
{\an8}So, how, what happened was her girlfriend
had cheated on her and they broke up, and,
400
00:17:56,433 --> 00:17:59,166
{\an8}she invited me and a couple
other friends to the home,
401
00:17:59,166 --> 00:18:01,734
where we were there,
my daughter was also there,
402
00:18:01,734 --> 00:18:04,633
where we were hanging out,
we were talking,
403
00:18:04,633 --> 00:18:08,166
trying to have a good time because
she was having such a bad time.
404
00:18:08,166 --> 00:18:11,100
And, um, I ended up falling
asleep at some point.
405
00:18:11,100 --> 00:18:13,200
I went to go sleep
with my daughter in the room.
406
00:18:13,200 --> 00:18:17,166
Everybody had left,
maybe around 12 P... 12 AM.
407
00:18:17,166 --> 00:18:19,967
And she came into the room
wanting to talk,
408
00:18:19,967 --> 00:18:22,066
wanting someone to be there with her.
409
00:18:22,066 --> 00:18:23,066
Um, I was asleep.
410
00:18:23,066 --> 00:18:26,300
{\an8}I'm not a very happy person
to be woken up, too.
411
00:18:26,300 --> 00:18:28,967
{\an8}So, I told her
"No, we'll talk in the morning".
412
00:18:28,967 --> 00:18:31,166
She wasn't okay with that.
She started getting mad.
413
00:18:31,166 --> 00:18:33,834
So, she started getting upset,
and my daughter was next to me.
414
00:18:33,834 --> 00:18:35,633
So it was like,
"Well, then I'm gonna leave".
415
00:18:35,633 --> 00:18:37,133
And so I tried to walk out.
416
00:18:37,133 --> 00:18:39,166
She grabbed me,
she threw me to the ground.
417
00:18:39,767 --> 00:18:42,734
Um, she's stronger than me.
So, she was on top of me.
418
00:18:42,734 --> 00:18:46,200
I was scratching, hitting, pulling...
trying to just get away.
419
00:18:46,200 --> 00:18:48,700
My daughter was screaming and crying.
420
00:18:48,700 --> 00:18:52,133
Um, she's autistic so she doesn't really
understand what was going on,
421
00:18:52,133 --> 00:18:54,166
but she was highly upset.
She was screaming "No!".
422
00:18:54,166 --> 00:18:59,333
And, I was eventually able to like,
get up and try to leave.
423
00:18:59,333 --> 00:19:02,033
She followed me to the garage. Um...
424
00:19:02,033 --> 00:19:05,767
I just tried to push and push
and tried to just get away from her, but,
425
00:19:06,600 --> 00:19:11,066
I don't think she really remembers
everything, and it just happened so fast.
426
00:19:11,066 --> 00:19:14,033
But I was finally able to leave and get
out of the home with my daughter safely.
427
00:19:14,033 --> 00:19:16,367
Okay, good. Okay, bad behavior.
428
00:19:17,033 --> 00:19:18,467
- Bad behavior.
- I agree.
429
00:19:19,367 --> 00:19:20,767
- Bad behavior?
- Mmm.
430
00:19:21,633 --> 00:19:24,100
{\an8}[Judy] Okay. [sighs]
431
00:19:24,100 --> 00:19:25,734
{\an8}I wish I had a photograph.
432
00:19:25,734 --> 00:19:29,233
Okay, within five days
pick up your kayaks.
433
00:19:29,233 --> 00:19:30,500
Are we done here?
434
00:19:30,967 --> 00:19:32,667
Can I explain my end, or no?
435
00:19:32,667 --> 00:19:34,400
- What?
- Can I explain my end, or no?
436
00:19:34,400 --> 00:19:35,500
You did explain your end.
437
00:19:35,500 --> 00:19:36,867
You said you didn't think it was fair
438
00:19:36,867 --> 00:19:38,934
when she wanted
her kayaks back because
439
00:19:38,934 --> 00:19:41,233
"We were going to use them together".
440
00:19:41,233 --> 00:19:42,500
- Hmm.
- But now you're not
441
00:19:42,500 --> 00:19:44,934
going to use them together
'cause you don't like each other anymore.
442
00:19:44,934 --> 00:19:45,867
- Hm-hmm.
- [audience chuckles]
443
00:19:45,867 --> 00:19:47,800
[Judy]
So, you're not going to use them together,
444
00:19:47,800 --> 00:19:48,734
so she's gonna get 'em back.
445
00:19:48,734 --> 00:19:51,066
- All righty.
- Great. Perfect, thank you.
446
00:19:51,200 --> 00:19:52,567
[bailiff]
This court is adjourned.
447
00:19:55,133 --> 00:19:58,834
{\an8}There is a lot more to the story
than happened, but, unfortunately,
448
00:19:58,834 --> 00:20:02,333
{\an8}I guess, the best outcome would be to just
go ahead and give her back the kayaks.
449
00:20:02,333 --> 00:20:03,633
{\an8}- So...
- It shouldn't have gotten to this point.
450
00:20:03,633 --> 00:20:05,967
{\an8}I should have got them back
after the incident. Should have...
451
00:20:05,967 --> 00:20:08,300
{\an8}We're adults.
It should have went way smoother.
452
00:20:08,300 --> 00:20:12,633
{\an8}There was a lot more, um, insult that
happened, like on both ends.
453
00:20:12,633 --> 00:20:15,033
{\an8}Um, it wasn't necessarily
the whole full truth.
454
00:20:15,033 --> 00:20:17,633
{\an8}I think she's just going
through a lot, um.
455
00:20:17,633 --> 00:20:20,000
{\an8}With whatever she's going on
with her ex, and just,
456
00:20:20,000 --> 00:20:21,533
{\an8}I feel like it got taken out on me.
457
00:20:21,533 --> 00:20:25,400
{\an8}'Cause we were like sisters
before and things just kinda...
458
00:20:25,400 --> 00:20:27,934
{\an8}...you know, go south and unfortunately,
459
00:20:27,934 --> 00:20:30,333
{\an8}I, you know, we lost our
friendship over that so...
460
00:20:30,333 --> 00:20:33,066
{\an8}We've been friends
since middle school so I don't,
461
00:20:33,066 --> 00:20:34,300
{\an8}I don't know what the future holds,
462
00:20:34,300 --> 00:20:37,700
{\an8}but I hope maybe one day
we can talk and we can work things out.
463
00:20:37,700 --> 00:20:38,633
{\an8}Only time will tell.
464
00:20:40,166 --> 00:20:42,433
I think probably the only thing
that bothered me in that case
465
00:20:42,433 --> 00:20:47,333
was what the five year old was doing out
at midnight at a party where people...
466
00:20:47,333 --> 00:20:50,166
- you know, at a gathering where people...
- Yeah, a break up party.
467
00:20:50,166 --> 00:20:53,867
A break up, break up party.
[laughs] Easy case.
468
00:20:53,867 --> 00:20:55,166
- Yeah.
- [Judy] Easy.
469
00:20:55,166 --> 00:20:57,100
- She paid for them.
- [both] She gets them back.
470
00:20:57,467 --> 00:20:58,333
- [Judy] Yeah.
- [Sarah] Yeah.
471
00:20:59,967 --> 00:21:01,633
[narrator]
Are you the victim of an assault?
472
00:21:01,633 --> 00:21:04,200
Go to Judy Justice.tv