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{\an8}It's your claim
that the Defendant hit your scooter.
2
00:00:04,166 --> 00:00:05,233
Yes, ma'am.
3
00:00:05,233 --> 00:00:09,734
Is that a fair representation
of the accident site?
4
00:00:09,734 --> 00:00:11,166
No, it's not.
5
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How would you know? You wasn't even there.
She wasn't even there.
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You called him an idiot!
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She's gone.
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In front of my son!
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Gone! Gone!
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This is Judy Justice.
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Matthew Klingelhoffer...
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{\an8}is suing fellow motorist,
Robin Major,
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00:00:42,200 --> 00:00:45,967
for scooter damages
after Robin hit Matthew's scooter.
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Court coming to order. All rise.
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Have a seat, everyone.
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00:00:50,967 --> 00:00:51,967
Hello, Judge.
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00:00:51,967 --> 00:00:54,967
Case 2197: Klingelhofer vs. Major.
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00:00:54,967 --> 00:00:56,300
- Thank you.
- Mm-hmm.
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00:00:57,633 --> 00:00:59,633
You were riding a motor scooter.
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00:00:59,633 --> 00:01:02,500
- Yes, ma'am.
- Can you describe it for me, please?
21
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It is a 2018 Yamaha Zuma.
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Is that a small...?
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00:01:06,633 --> 00:01:10,333
- No, it's... I got a picture of it here.
- Can I see that, please?
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Yeah, well, it's small.
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- Yeah, it's a small vehicle...
- And, you were on...
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this vehicle with a child?
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- Yes, ma'am.
- That was your son who's how old?
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Uh, 12.
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- What's his name?
- Justin Barr.
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- He's not here today.
- No.
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- Why not?
- He has autism.
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And you were riding with him going where
on October 20th of last year?
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I just picked him up from school
and I was on my way home.
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{\an8}How far is it?
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{\an8}Uh, the school is less than a half a mile
from my home.
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{\an8}Do you pick him up every day?
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Most of the time, yeah,
but since this accident
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I have not pickled him up since.
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Mom does.
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So, there's a car available
to pick him up.
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00:01:50,367 --> 00:01:53,533
- Yes.
- It's your claim that the Defendant,
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00:01:53,533 --> 00:01:57,834
{\an8}while acting negligently,
hit your scooter and damaged it.
43
00:01:57,834 --> 00:01:59,467
- Yes, ma'am.
- You want him to be responsible.
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00:01:59,467 --> 00:02:02,700
That happened on the 22nd of October.
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00:02:02,700 --> 00:02:05,900
- I assume sometime after three o'clock?
- Yes.
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00:02:05,900 --> 00:02:08,467
- It was at 3:18...
- In... In what state do you live?
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Evansville, Indiana.
48
00:02:10,000 --> 00:02:12,867
Is there any sort of helmet rule
in Indiana?
49
00:02:12,867 --> 00:02:14,300
- No, ma'am.
- Yes, there is.
50
00:02:14,300 --> 00:02:17,233
- My son... for a child, yes, he was...
- Just a second.
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00:02:17,233 --> 00:02:19,100
So, the answer is either "yes" or "no".
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- You said, "No," so there...
- Yes, ma'am, for me, no.
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For my son, yes.
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00:02:22,233 --> 00:02:24,433
- Was your son wearing a helmet?
- Yes, ma'am.
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- You know he was not.
- Shh shh. Now, listen to me.
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Shh. Don't speak.
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He had a small, purple bicycle helmet on.
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Now, you wear a helmet because...
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To keep him from getting his head hurt.
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- Hurt.
- Yeah.
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00:02:35,767 --> 00:02:38,734
- Well try...
- Right, well, just for my own interest,
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why wouldn't you wear a helmet
to prevent you from getting hurt?
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00:02:42,000 --> 00:02:43,834
Dumb is what dumb does?
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00:02:43,834 --> 00:02:45,066
Well, that would be an answer,
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00:02:45,066 --> 00:02:47,767
because that sounds sort of
reckless to me.
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00:02:47,767 --> 00:02:49,567
Yes, ma'am. I wear a helmet now.
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00:02:49,567 --> 00:02:54,100
And I'm not so sure your son was wearing
a helmet on the 22nd of October either...
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00:02:54,100 --> 00:02:56,633
sir, so I want you to be very,
very careful
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00:02:56,633 --> 00:02:58,633
when I ask you this question again.
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00:02:58,633 --> 00:03:03,834
{\an8}Are you positive that your son was wearing
a helmet on the 22nd of October?
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00:03:03,834 --> 00:03:06,367
{\an8}- No, ma'am, I wasn't 100% positive.
- Okay.
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00:03:06,367 --> 00:03:07,834
{\an8}- But he normally--
- Shh, just a sec.
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00:03:07,834 --> 00:03:09,700
- Always is wearing a helmet.
- Okay.
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00:03:09,700 --> 00:03:10,900
On your way home...
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00:03:10,900 --> 00:03:15,400
I understand you have some sort of a chart
to try to explain to me
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00:03:15,400 --> 00:03:18,633
what the accident, well,
this is your version of the accident.
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00:03:18,633 --> 00:03:20,867
So, you want to step over there,
Mr. Klingelhoefer.
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00:03:20,867 --> 00:03:23,900
- Yes, ma'am.
- That would be you and your son
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00:03:23,900 --> 00:03:26,700
riding, both of you
probably without helmets
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00:03:26,700 --> 00:03:29,600
and it looks, that's your version,
and it looks as if--
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00:03:29,600 --> 00:03:31,567
- I was sitting in traffic... Sorry.
- Shh, just a sec...
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00:03:31,567 --> 00:03:34,667
And it looks as if
there's a lot of traffic.
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00:03:34,667 --> 00:03:37,600
- Yes, ma'am.
- So a lot of traffic, no helmets...
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00:03:37,600 --> 00:03:40,200
You're on your way home and?
Go ahead.
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00:03:40,200 --> 00:03:43,834
I was just sitting in traffic here
waiting for the train to clear
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00:03:43,834 --> 00:03:46,367
and he comes off his driveway
and backs right into me.
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00:03:46,367 --> 00:03:49,800
No horn, no regard of...
Me being there or nothin.
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00:03:49,800 --> 00:03:50,867
Okay. I... Just a... Just...
Wait, wait one second.
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00:03:50,967 --> 00:03:53,934
- On the other side... This is your chart.
- Yes, ma'am.
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00:03:53,934 --> 00:03:57,667
On the other side
of where the defendant's driveway is,
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00:03:57,667 --> 00:03:59,834
which I assume is the blue car,
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00:03:59,834 --> 00:04:02,767
that's his driveway, is that a street?
93
00:04:02,767 --> 00:04:04,934
- Yes, ma'am.
- You know where I'm talking about?
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00:04:04,934 --> 00:04:06,300
- Yes.
- Point to where I'm talking about.
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00:04:06,300 --> 00:04:08,700
- This is a street called, uh...
- Yes, that's a street.
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00:04:08,700 --> 00:04:11,333
- Yes.
- And that's a street that has cars.
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00:04:11,333 --> 00:04:13,200
- Yes, ma'am.
- Right, so,
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00:04:13,200 --> 00:04:16,867
one would say
you should not be in that intersection.
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00:04:16,867 --> 00:04:18,633
{\an8}- Well, I didn't, uh...
- Just a second. Just a second.
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00:04:18,633 --> 00:04:23,867
{\an8}One would say, even in your chart,
you should not be in that intersection.
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00:04:23,867 --> 00:04:27,233
You should be either,
have enough room in front,
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or wait until the traffic moves.
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00:04:30,667 --> 00:04:34,567
Because you're stuck in the middle,
so a car can't move out of...
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00:04:34,567 --> 00:04:37,000
- That's...
- I was actually sitting about right here.
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00:04:37,000 --> 00:04:38,934
- Well, this is your chart.
- Yes, ma'am.
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00:04:38,934 --> 00:04:42,133
So, you indicate that that chart
is not absolutely correct.
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No, it's not.
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And that your scooter
was right behind the three cars.
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I was behind
these three cars here...
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00:04:49,433 --> 00:04:50,734
But still in the intersection.
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00:04:50,734 --> 00:04:52,033
- Yes, ma'am, uh...
- Just a second.
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00:04:52,033 --> 00:04:54,900
We was coming to a rolling stop
as the arms were coming down,
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so I didn't know
where I was going to stop at,
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so I was rolling with traffic
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00:04:58,467 --> 00:05:02,000
and the vehicle that was in front of me
was also pulling a trailer
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00:05:02,000 --> 00:05:04,166
and I couldn't see around it.
It was a big box trailer.
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00:05:04,166 --> 00:05:06,300
So, you couldn't see
what was in front of you.
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00:05:06,300 --> 00:05:07,367
No, I could not.
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00:05:07,367 --> 00:05:10,900
And I... I got as far away
from his driveway as I possibly could.
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00:05:10,900 --> 00:05:13,900
Well, no. You weren't even thinking
about his driveway, sir.
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Let's be square, you know,
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it's not a good idea
to make things up as you go.
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00:05:18,533 --> 00:05:20,066
- No.
- You didn't even know
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- that his driveway was there.
- Yeah, I did.
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- You did? Just... Just a second.
- I knew it was there,
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but I was trying to get far enough
out of the way of the intersection.
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I didn't think he was going to come out
of his driveway and back into me, ma'am.
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Well so you were watching the other side?
Not the driveway?
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00:05:34,600 --> 00:05:36,734
- Is that what you're saying?
- Yeah, I was looking at the intersection.
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00:05:36,734 --> 00:05:37,800
- Yeah. Okay.
- Making sure
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I got out of the intersection,
got past the yellow line.
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00:05:39,767 --> 00:05:42,834
Okay.
So, he clipped the...
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00:05:42,834 --> 00:05:46,133
- Rear, right by my tail light.
- Yeah.
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00:05:46,133 --> 00:05:47,567
- Back here.
- Yes, ma'am.
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00:05:47,567 --> 00:05:49,967
And, what happened?
Go back, now.
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00:05:49,967 --> 00:05:51,800
- It literally just shoved me over.
- Okay.
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00:05:51,800 --> 00:05:52,867
Go back.
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00:05:52,967 --> 00:05:55,800
So, it shoved you over.
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00:05:55,800 --> 00:05:58,600
Now, when it shoved you over,
did you land on one foot,
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or did you land on the pavement?
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00:06:00,266 --> 00:06:01,433
{\an8}No, we landed on the pavement.
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00:06:01,433 --> 00:06:04,767
{\an8}I tossed my son up
because he was sitting in front of me.
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00:06:04,767 --> 00:06:06,567
- Up onto his feet.
- Just a... Justa second.
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00:06:06,567 --> 00:06:07,633
Oh, hold on.
145
00:06:07,633 --> 00:06:09,066
- Hold the phone.
- I went into dad mode.
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00:06:09,066 --> 00:06:11,000
Hold the phone.
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00:06:11,000 --> 00:06:12,867
Your son was sitting in front of you.
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00:06:12,867 --> 00:06:14,967
- Yes.
- That's what... is that what he said?
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00:06:14,967 --> 00:06:16,200
"He was sitting in front of me."
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00:06:16,200 --> 00:06:17,800
So, your son was driving?
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00:06:17,800 --> 00:06:19,967
- No, he was not driving, I was driving...
- I'm trying to get...
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00:06:19,967 --> 00:06:22,900
I'm trying to get this picture in my head.
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00:06:22,900 --> 00:06:25,200
- I'm being a protective parent.
- With this little... Just a second.
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00:06:25,200 --> 00:06:28,533
With this little scooter,
your son was in front of you.
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00:06:28,533 --> 00:06:32,000
This is one seat,
so he was sitting in front of you.
156
00:06:32,000 --> 00:06:34,166
- Yes, ma'am.
- Your 12 year old.
157
00:06:34,166 --> 00:06:35,233
- Yes, ma'am.
- Yes.
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00:06:35,333 --> 00:06:37,166
And how tall is your 12 year old?
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00:06:37,166 --> 00:06:40,033
- Probably about five foot, if that.
- My size.
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00:06:40,033 --> 00:06:43,300
- Yes.
- So, like a fully grown adult.
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00:06:43,300 --> 00:06:47,600
He may be not yet fully grown for a kid,
but I'm a fully grown adult
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00:06:47,600 --> 00:06:51,400
and I'm five feet tall and I've been that
my whole life, so I'm an adult.
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00:06:51,400 --> 00:06:52,467
Yeah. Yes, ma'am.
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00:06:52,467 --> 00:06:56,567
Right? Okay. So, your adult child
is sitting in front of you,
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00:06:56,567 --> 00:06:58,533
you're sitting behind him...
166
00:06:58,533 --> 00:07:00,600
- Yes, ma'am.
- Now, I want you to explain to me...
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00:07:00,600 --> 00:07:03,734
Hold out your arms.
I want you to explain to me
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00:07:03,734 --> 00:07:06,433
how your son is in front of you,
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00:07:06,433 --> 00:07:09,333
you're behind him
in the back part of this seat,
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00:07:09,333 --> 00:07:10,900
and you're driving.
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00:07:10,900 --> 00:07:12,400
I want you to explain that to me.
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00:07:15,333 --> 00:07:17,800
{\an8}The 12 year old driving the motor scooter.
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00:07:17,800 --> 00:07:19,967
- He was not driving.
- Well, I don't believe you.
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00:07:19,967 --> 00:07:21,100
I don't believe you either.
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00:07:21,100 --> 00:07:22,367
{\an8}I don't care whether you believe me.
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00:07:22,367 --> 00:07:24,400
{\an8}You're not judging me, I'm judging you.
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00:07:24,400 --> 00:07:27,300
So, that means that if I don't
believe you, that's important.
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00:07:27,300 --> 00:07:29,000
If you don't believe me,
that is irrelevant.
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00:07:40,433 --> 00:07:41,767
Matthew Klingelhoefer
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00:07:41,767 --> 00:07:44,467
{\an8}claims fellow motorist, Robin Major,
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00:07:44,467 --> 00:07:48,367
hit Matthew's scooter while Robin
was pulling out of his driveway.
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00:07:48,367 --> 00:07:51,233
- Go ahead.
- I'm reaching around my son and driving.
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00:07:51,233 --> 00:07:55,734
I've been doing it since I was 16.
I've been driving scooters since I was 16.
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00:07:55,734 --> 00:07:58,867
Hey. You may have been driving scooters
when you were 16,
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00:07:58,867 --> 00:08:01,400
but I've been using my common sense
for 80 years.
186
00:08:01,400 --> 00:08:05,300
And I don't see why
your son wasn't sitting behind you
187
00:08:05,300 --> 00:08:08,400
so you didn't have to lean over
188
00:08:08,400 --> 00:08:10,767
on that big, long seat
189
00:08:10,767 --> 00:08:15,000
in order to be maneuvering this scooter.
190
00:08:15,000 --> 00:08:17,400
I'm not visualizing that,
Mr. Klingelhoefer.
191
00:08:17,400 --> 00:08:19,967
So, I want you to take a deep breath.
192
00:08:21,567 --> 00:08:22,567
Kevin.
193
00:08:22,834 --> 00:08:25,934
Let me see Mr. Major's diagram.
194
00:08:31,934 --> 00:08:35,500
So, I want you...
Your son is sitting in front
195
00:08:35,500 --> 00:08:36,734
- on the seat...
- Mm-hmm.
196
00:08:36,734 --> 00:08:39,233
You're sitting in the raised portion
behind him.
197
00:08:39,233 --> 00:08:41,900
- Mm-hmm.
- I want you to put that down there.
198
00:08:44,500 --> 00:08:48,033
Sitting back there on the raised portion
makes me sit up much higher than him.
199
00:08:53,967 --> 00:08:55,367
- Sarah?
- Mm-hmm?
200
00:08:55,367 --> 00:08:59,033
Does your research indicate
how long this thing is?
201
00:08:59,033 --> 00:09:00,166
Does it give any dimensions?
202
00:09:00,266 --> 00:09:01,667
I'm sure I could find it.
203
00:09:01,667 --> 00:09:06,000
Okay, so, he clipped the back
and you fell off?
204
00:09:06,000 --> 00:09:09,300
{\an8}We fell over.
I put... stood my son back up,
205
00:09:09,300 --> 00:09:11,567
{\an8}- I got up...
- Okay, so you fell over
206
00:09:11,567 --> 00:09:13,367
and your son got up...
207
00:09:13,367 --> 00:09:15,166
I got my son up. I got up.
208
00:09:15,166 --> 00:09:16,567
He was still pushing my vehicle.
209
00:09:16,567 --> 00:09:19,300
I got up to smack on the back
of his window.
210
00:09:19,300 --> 00:09:21,500
And then he gets out
and aggressively screaming at me,
211
00:09:21,500 --> 00:09:24,200
"Why you smackin' on my window?
Why are you trying to break my window?"
212
00:09:24,200 --> 00:09:25,266
{\an8}- Okay.
- I asked him,
213
00:09:25,266 --> 00:09:28,233
{\an8}"Why are still proceeding
to try to run over my vehicle?"
214
00:09:28,233 --> 00:09:30,567
Well, he's not trying
to run over your vehicle, sir.
215
00:09:30,567 --> 00:09:32,000
What kind of car did he have?
216
00:09:32,000 --> 00:09:33,400
- He had a truck.
- A Chevy Blazer.
217
00:09:33,400 --> 00:09:34,467
Big one. 2003.
218
00:09:34,467 --> 00:09:37,133
He's in a very high SUV, right?
219
00:09:37,133 --> 00:09:39,967
- And you're in a very low scooter.
- Mm-hmm.
220
00:09:39,967 --> 00:09:43,300
Now, neither you or your son went
to the hospital, is that right?
221
00:09:43,300 --> 00:09:44,834
No, ma'am, neither one of us went.
222
00:09:44,834 --> 00:09:47,900
Neither you or your son
had medical treatment at the scene.
223
00:09:47,900 --> 00:09:50,000
My son was looked over, but that was it...
224
00:09:50,000 --> 00:09:52,367
Just a second.
Neither of you had medical treatment
225
00:09:52,367 --> 00:09:53,433
- at the scene.
- No, no.
226
00:09:53,533 --> 00:09:56,133
Neither you or your son went to a doctor.
227
00:09:56,133 --> 00:09:58,066
- No.
- Now, do you have a photograph
228
00:09:58,066 --> 00:10:02,500
of what your scooter looked like
after this accident?
229
00:10:02,500 --> 00:10:05,233
Because this is his photograph
230
00:10:05,233 --> 00:10:06,600
That's after the accident.
231
00:10:06,600 --> 00:10:07,667
There's another one.
232
00:10:07,667 --> 00:10:11,734
Okay. I'd like to see what your photograph
looks like, Mr. Klingelhoefer--
233
00:10:11,734 --> 00:10:12,834
There's all of 'em.
234
00:10:12,834 --> 00:10:14,934
- I'm working on it, ma'am.
- Of your motorcycle, because
235
00:10:14,934 --> 00:10:19,000
Mr. Majors is handing me up
his photographs of what this looks like.
236
00:10:22,400 --> 00:10:23,433
Here's the whole stack.
237
00:10:23,433 --> 00:10:26,333
Okay. So, what we're talking about is...
238
00:10:27,667 --> 00:10:29,300
this piece right here.
239
00:10:29,300 --> 00:10:31,333
- That's my exhaust and...
- Just a second.
240
00:10:31,333 --> 00:10:33,533
That's what's damaged.
241
00:10:33,533 --> 00:10:35,367
- This piece--
- That and the upper panel, there.
242
00:10:35,367 --> 00:10:36,667
I don't see anything damaged
243
00:10:36,667 --> 00:10:38,300
- in the upper panel...
- On my picture it shows it.
244
00:10:38,300 --> 00:10:39,734
- I'd like to see.
- I bet it does.
245
00:10:39,734 --> 00:10:43,133
- Now, on that muffler... it's rust.
- Shh. Shh. Shh. Shh...
246
00:10:43,133 --> 00:10:44,200
It's not rust.
- Shh...
247
00:10:44,200 --> 00:10:45,900
- Shh...
- I might not know nothin' about scooters,
248
00:10:45,900 --> 00:10:47,333
but I know what rust looks like. Mister...
249
00:10:47,333 --> 00:10:49,433
- Mr. Major.
- Yes, ma'am?
250
00:10:49,433 --> 00:10:51,000
I don't know what's wrong with you.
251
00:10:51,000 --> 00:10:55,600
I made myself clear,
pleasantly, to you, respectfully to you,
252
00:10:55,600 --> 00:10:59,000
but you certainly understood
that here we don't talk to each other.
253
00:10:59,000 --> 00:11:01,033
- Yes, ma'am.
- That you will have a turn.
254
00:11:01,033 --> 00:11:02,100
Right now...
255
00:11:02,433 --> 00:11:04,133
- it's his turn.
- Yes, ma'am.
256
00:11:04,133 --> 00:11:06,867
And, Your Honor,
that wheelbase is 50 inches,
257
00:11:06,867 --> 00:11:09,300
so about four feet wheel to wheel.
258
00:11:09,300 --> 00:11:12,767
Okay, so, let me see.
259
00:11:12,767 --> 00:11:16,333
So, from here to here,
wheel to wheel is four feet.
260
00:11:16,333 --> 00:11:18,867
So, sitting on the back here,
261
00:11:18,867 --> 00:11:21,600
in order to get to the handlebars...
262
00:11:21,600 --> 00:11:22,667
It'd be, like, three feet.
263
00:11:22,667 --> 00:11:25,133
Three feet. Hold out your arms.
264
00:11:26,300 --> 00:11:29,600
Nah. Okay.
Now, just to complete your story, sir,
265
00:11:29,600 --> 00:11:31,967
Mr. Klingelhoefer,
this happened in October.
266
00:11:31,967 --> 00:11:36,100
And you said you wear a motorcycle helmet
now, or a helmet now.
267
00:11:36,100 --> 00:11:37,367
{\an8}Yes, ma'am. Yes.
268
00:11:37,367 --> 00:11:38,900
{\an8}- Since the accident.
- Yes, ma'am.
269
00:11:38,900 --> 00:11:40,233
{\an8}Since this accident.
270
00:11:40,233 --> 00:11:41,767
It scared me straight.
271
00:11:41,767 --> 00:11:45,800
And did you or did you not
have the scooter repaired?
272
00:11:45,800 --> 00:11:47,533
- No, I have not had it repaired...
- Just a second.
273
00:11:47,533 --> 00:11:48,967
So, the answer is no.
274
00:11:48,967 --> 00:11:50,934
- Pay attention Mr. Klingelhoefer.
- I...
275
00:11:50,934 --> 00:11:53,867
From which I deduce,
you're looking at your papers,
276
00:11:53,867 --> 00:11:58,233
from which I deduce
that the motor scooter is operable,
277
00:11:58,233 --> 00:12:01,400
you've been using it since October,
despite the...
278
00:12:01,400 --> 00:12:03,734
- No.
- Oh, yes, that's what you just said.
279
00:12:03,734 --> 00:12:06,066
- I haven't been using it.
- Who's been using it?
280
00:12:06,066 --> 00:12:07,867
{\an8}I've... I got three others.
281
00:12:07,867 --> 00:12:08,934
{\an8}No, no, no.
282
00:12:08,934 --> 00:12:11,100
{\an8}I got three other scooters
that I've been driving.
283
00:12:11,100 --> 00:12:12,900
- I have not been driving that one.
- I don't believe... Just a second.
284
00:12:12,900 --> 00:12:14,266
- I don't believe you, sir.
- Okay.
285
00:12:14,266 --> 00:12:17,500
I want you to be really careful
about what you say to me.
286
00:12:17,500 --> 00:12:21,800
You do wear a helmet now. Now you know
where I'm going Mr. Klingelhoefer?
287
00:12:21,800 --> 00:12:25,333
- Yes.
- Since the accident, so does your son.
288
00:12:25,333 --> 00:12:28,800
There is nothing that appears to be
mechanically wrong
289
00:12:28,800 --> 00:12:30,433
with this motor scooter
290
00:12:30,433 --> 00:12:32,834
in either your photographs or his.
291
00:12:33,367 --> 00:12:35,333
- Nothing mechanical--
- I have an estimate.
292
00:12:35,333 --> 00:12:38,266
I don't care what your estimate says,
sir, my naked eye...
293
00:12:38,266 --> 00:12:39,934
First of all,
you understand that I'm doubting...
294
00:12:39,934 --> 00:12:41,800
I'm doubting big parts of your story,
Mr. Klingelhoefer.
295
00:12:41,800 --> 00:12:43,667
Yes, I understand.
I understand, ma'am.
296
00:12:43,667 --> 00:12:48,233
I doubt big parts of your story about
whether or not you were wearing a helmet.
297
00:12:48,233 --> 00:12:50,633
I don't think your son
was wearing a helmet.
298
00:12:50,633 --> 00:12:54,433
I think that this diagram indicates to me
299
00:12:54,433 --> 00:12:58,066
that you were in a place
where you shouldn't have been.
300
00:12:58,066 --> 00:13:02,066
That's your diagram. He has his own
diagram that'd probably be very different.
301
00:13:02,066 --> 00:13:06,433
So, I am going to assume,
because that's my common sense,
302
00:13:06,433 --> 00:13:11,000
that you and, or, your son
had been riding this motor scooter
303
00:13:11,000 --> 00:13:14,400
since October and that it hasn't sat idly.
304
00:13:14,400 --> 00:13:16,767
I don't care what you got.
305
00:13:16,767 --> 00:13:20,533
Because the pictures belie
the fact that this motor scooter
306
00:13:20,533 --> 00:13:22,633
was damaged beyond being ridable.
307
00:13:22,633 --> 00:13:24,667
And that's if it was his fault.
308
00:13:24,667 --> 00:13:27,567
Okay. Now we've got his picture,
now we're coming to you.
309
00:13:27,567 --> 00:13:31,367
Is that a fair and accurate representation
310
00:13:31,367 --> 00:13:33,333
- of the accident site?
- Yes.
311
00:13:33,433 --> 00:13:34,433
No, it's not.
- Yes.
312
00:13:34,433 --> 00:13:35,500
Now--
- How would you know?
313
00:13:35,600 --> 00:13:36,600
You wasn't even there.
314
00:13:36,600 --> 00:13:38,333
You didn't show up
20 minutes after the fact.
315
00:13:38,333 --> 00:13:40,333
Hey, hey, excuse me.
- You did not show up...
316
00:13:40,333 --> 00:13:42,433
- She wasn't even there. She's...
- I'm gonna... I'm gonna throw you out.
317
00:13:42,433 --> 00:13:43,500
And you're gonna lose this...
318
00:13:43,633 --> 00:13:44,867
I'm gonna throw you out
and you're gonna lose...
319
00:13:44,867 --> 00:13:46,567
When you called him an idiot!
320
00:13:46,567 --> 00:13:48,166
In front of my son!
321
00:13:48,166 --> 00:13:49,533
Okay. She's gone.
322
00:13:50,367 --> 00:13:52,500
Gone! Gone! Gone!
323
00:13:54,633 --> 00:13:55,633
Yeah.
324
00:13:55,633 --> 00:13:58,500
- I know why you can't afford insurance...
- Gone!
325
00:13:58,500 --> 00:14:00,667
We wouldn't be here today
if he had insurance.
326
00:14:00,667 --> 00:14:02,567
Did you understand
why I threw your wife out?
327
00:14:02,567 --> 00:14:03,667
- Yeah.
- Yeah.
328
00:14:03,667 --> 00:14:06,166
I don't know what you people think
this is all about.
329
00:14:06,166 --> 00:14:09,300
The fact that he had no,
is what you say to me,
330
00:14:09,300 --> 00:14:12,400
he had no insurance
which is why you're here?
331
00:14:12,400 --> 00:14:15,333
{\an8}Yeah, we wouldn't be here right now
if we didn't... if he had insurance
332
00:14:15,333 --> 00:14:16,633
{\an8}if insurance would've
took care of all that.
333
00:14:16,633 --> 00:14:17,800
{\an8}Yeah, well, it's possible,
334
00:14:17,800 --> 00:14:20,300
Mr. Klingelhoefer,
that you wouldn't be here right now
335
00:14:20,300 --> 00:14:23,467
and I haven't made a decision yet
if you weren't driving recklessly,
336
00:14:23,467 --> 00:14:25,400
- without helmets, with your son--
- I wasn't driving recklessly.
337
00:14:25,400 --> 00:14:28,000
with your son who,
according to you, has issues,
338
00:14:28,000 --> 00:14:30,533
the 12-year-old driving the motor scooter.
339
00:14:30,533 --> 00:14:32,700
- He was not driving.
- Well, I don't believe you.
340
00:14:32,700 --> 00:14:34,200
I don't believe you either.
341
00:14:34,200 --> 00:14:38,133
I don't care whether you believe me.
You're not judging me, I'm judging you.
342
00:14:38,133 --> 00:14:40,934
So, that means that if I
don't believe you, that's important.
343
00:14:40,934 --> 00:14:42,800
If you don't believe me,
that is irrelevant.
344
00:14:45,600 --> 00:14:48,266
{\an8}Were you driving your car uninsured?
345
00:14:48,266 --> 00:14:50,633
- I was moving my car...
- Oh, no, no, no, no, no, no!
346
00:14:50,633 --> 00:14:52,300
Be very careful what you say to me.
347
00:14:52,300 --> 00:14:54,266
You turned the ignition on,
348
00:14:54,266 --> 00:14:56,133
started to move.
349
00:14:56,133 --> 00:14:57,433
That's driving.
350
00:15:09,133 --> 00:15:10,433
Matthew Klingelhoefer
351
00:15:10,433 --> 00:15:13,700
{\an8}is accusing fellow motorist, Robin Major,
352
00:15:13,700 --> 00:15:15,667
of hitting him and his son
353
00:15:15,667 --> 00:15:17,967
while Robin backed out of his driveway.
354
00:15:17,967 --> 00:15:23,200
Okay, your statement, Mr. Major,
based upon this diagram
355
00:15:23,200 --> 00:15:25,300
is that the defendant pulled out
356
00:15:25,300 --> 00:15:29,400
and was, to sort of beat the traffic,
and was driving not in a lane.
357
00:15:29,400 --> 00:15:31,200
Which suggests to me, sir,
358
00:15:31,200 --> 00:15:32,500
that you saw him.
359
00:15:32,500 --> 00:15:33,700
I didn't see him.
360
00:15:33,700 --> 00:15:35,367
Well, how do you know that he pulled out?
361
00:15:35,367 --> 00:15:36,800
When I was coming backing out,
362
00:15:36,800 --> 00:15:40,600
the car that's adjacent there,
he waved me out.
363
00:15:40,600 --> 00:15:42,333
- You mean the car...
- Behind...
364
00:15:42,333 --> 00:15:45,700
Go over there. I know what you're
talking about, just so that we're clear.
365
00:15:45,700 --> 00:15:47,934
- The car behind said you...
- This here, this car.
366
00:15:47,934 --> 00:15:49,600
As I'm coming out of my driveway
367
00:15:49,600 --> 00:15:51,967
He's... He's saying... He's waving me out.
368
00:15:51,967 --> 00:15:53,900
He's waving you on
to suggest that it's clear.
369
00:15:53,900 --> 00:15:56,800
It's clear. So, I'm coming out and...
370
00:15:56,900 --> 00:15:57,900
I didn't see him, Your Honor.
371
00:15:57,900 --> 00:15:58,967
You didn't see him.
372
00:15:58,967 --> 00:16:00,100
- No.
- Okay.
373
00:16:00,100 --> 00:16:01,300
Now, go back.
374
00:16:01,300 --> 00:16:05,166
Now, Mr. Major,
we're going to get to insurance.
375
00:16:05,166 --> 00:16:08,033
Were you driving your car uninsured?
376
00:16:08,033 --> 00:16:10,166
I wasn't driving... I was moving my car...
377
00:16:10,166 --> 00:16:13,200
Oh, no, no, no, no, no, no!
Be very careful what you say to me.
378
00:16:13,200 --> 00:16:15,667
You put a key in the ignition,
379
00:16:15,667 --> 00:16:17,900
you turned the ignition on,
380
00:16:17,900 --> 00:16:20,433
- you put the car in reverse--
- Yes, ma'am.
381
00:16:20,433 --> 00:16:22,200
started to move.
382
00:16:22,200 --> 00:16:23,700
That's driving.
383
00:16:23,700 --> 00:16:24,767
Yes, ma'am.
384
00:16:24,767 --> 00:16:29,100
{\an8}And driving far enough into the street, so
you weren't on your property according--
385
00:16:29,100 --> 00:16:31,333
{\an8}- No, my car was still in...
- Oh, no, no, no.
386
00:16:31,333 --> 00:16:33,233
- The front end was still in the driveway.
- Mr. Major. Mr. Major.
387
00:16:33,233 --> 00:16:36,500
You said that that's a fair
and accurate representation
388
00:16:36,500 --> 00:16:38,133
- of the accident scene.
- That's my driveway.
389
00:16:38,133 --> 00:16:40,033
The back of your car is not
in the driveway,
390
00:16:40,033 --> 00:16:42,000
the back of your car
is in a public street.
391
00:16:42,000 --> 00:16:44,066
- Right, I wasn't all the way out.
- That's what you... Yeah, he was...
392
00:16:44,066 --> 00:16:45,133
Listen to me.
393
00:16:45,133 --> 00:16:48,033
Mr. Major,
I'm an equal opportunity abuser.
394
00:16:48,033 --> 00:16:49,867
- Yes, well...
- You have to understand that,
395
00:16:49,867 --> 00:16:51,567
so, please, you know,
396
00:16:51,567 --> 00:16:55,300
I'm sort of ancient, but please
don't treat me as if I'm stupid.
397
00:16:55,300 --> 00:16:57,133
- No, I wouldn't do that, Your Honor.
- You know, people confuse age
398
00:16:57,133 --> 00:16:58,867
- with stupidity. That would be a
- No, I would not...
399
00:16:58,867 --> 00:17:01,133
huge mistake on your part.
400
00:17:01,133 --> 00:17:02,200
- Yes.
- Huge.
401
00:17:02,200 --> 00:17:04,867
Unless you're suggesting
he came up on your driveway,
402
00:17:04,867 --> 00:17:06,900
which this doesn't suggest at all,
403
00:17:06,900 --> 00:17:09,767
you were in a public street
without insurance.
404
00:17:09,767 --> 00:17:11,567
- Yes, ma'am.
- Well, that would be an easy.
405
00:17:11,567 --> 00:17:13,700
Did the police respond to this accident?
406
00:17:13,700 --> 00:17:15,467
{\an8}- Yes, ma'am.
- Is there a police report?
407
00:17:15,467 --> 00:17:16,533
{\an8}There...
Yes, ma'am.
408
00:17:16,533 --> 00:17:17,934
{\an8}This is the only thing they gave me.
May I have it, please?
409
00:17:17,934 --> 00:17:19,000
Right here.
410
00:17:22,467 --> 00:17:27,700
"Scuff and scratch marks were observed
on the left side of vehicle two."
411
00:17:27,700 --> 00:17:30,200
That's what the police officer observed.
412
00:17:30,200 --> 00:17:34,567
Now, what did you do after this accident,
Mr. Klingelhoefer?
413
00:17:34,567 --> 00:17:35,767
I called the police.
414
00:17:35,767 --> 00:17:39,567
You got the police, the police came,
they took a report, they spoke to you.
415
00:17:39,567 --> 00:17:42,233
Now, you were picking your son
up from school.
416
00:17:42,233 --> 00:17:44,100
- Yes, ma'am.
- Where did you go?
417
00:17:44,100 --> 00:17:46,100
- I went home.
- You went home with your son?
418
00:17:46,100 --> 00:17:49,900
Now, when you went home with your son,
you were riding in front. Is that correct?
419
00:17:49,900 --> 00:17:50,967
We walked home.
420
00:17:50,967 --> 00:17:52,367
My vehicle was not ridable.
421
00:17:52,367 --> 00:17:54,266
- My exhaust pipe was bent...
- Shh, just a second.
422
00:17:54,266 --> 00:17:55,767
How did you get the motor scooter?
423
00:17:55,767 --> 00:17:56,834
I pushed it.
424
00:17:56,834 --> 00:17:58,800
{\an8}Did you see him push the motor scooter?
425
00:17:58,800 --> 00:18:02,233
{\an8}I seen him push it down so far
and then he got on it.
426
00:18:02,233 --> 00:18:06,200
Just a second. Would you bring in
Mr. Klingelhoefer's wife?
427
00:18:16,900 --> 00:18:18,467
- This way. Go left.
- Okay.
428
00:18:22,133 --> 00:18:24,233
Step over next to your husband, please.
429
00:18:24,934 --> 00:18:28,867
Were you at home when your husband came
home with your son after this accident?
430
00:18:28,867 --> 00:18:30,734
- He actually called me...
- Just a second.
431
00:18:30,734 --> 00:18:32,934
- I said were you at home?
- Yes, I was at home.
432
00:18:32,934 --> 00:18:34,000
Who else was home with you?
433
00:18:34,000 --> 00:18:35,233
My brother
434
00:18:35,233 --> 00:18:36,800
and my friend.
435
00:18:36,800 --> 00:18:40,066
You say your husband called you
and he told you about the accident.
436
00:18:40,066 --> 00:18:41,667
- Yes.
- And what did you do?
437
00:18:41,667 --> 00:18:45,266
{\an8}Me and ... got in the car and we pulled up
438
00:18:45,266 --> 00:18:47,700
{\an8}and I, I parked
in the middle of the street.
439
00:18:47,700 --> 00:18:50,533
Go over to that chart and show me
where you pulled up.
440
00:18:56,367 --> 00:18:57,367
About right here.
441
00:18:57,467 --> 00:19:00,600
Okay, so, you pulled up
right near where the accident was.
442
00:19:00,600 --> 00:19:02,500
- Yes.
- And where was your husband?
443
00:19:02,500 --> 00:19:04,800
He was right here with Justin.
444
00:19:04,800 --> 00:19:06,400
Okay. Go back.
445
00:19:09,000 --> 00:19:11,266
And then what happened?
Police come.
446
00:19:11,266 --> 00:19:13,967
Police leave. I want you to tell me
what happened next.
447
00:19:13,967 --> 00:19:17,133
After the police
and fire department ambulance leave,
448
00:19:17,133 --> 00:19:20,200
me and Justin walked to where
they told me to park my car,
449
00:19:20,200 --> 00:19:23,400
- so me and Justin got in the car...
- And your husband?
450
00:19:23,400 --> 00:19:28,667
He has already, was walking the scooter
back to our house with ...
451
00:19:29,000 --> 00:19:33,433
And is that how he arrived at the house,
walking with the motor scooter?
452
00:19:33,433 --> 00:19:35,500
- Yes.
- Very good. Kevin?
453
00:19:35,500 --> 00:19:37,200
- She can go out now.
- Okay.
454
00:19:37,200 --> 00:19:38,300
This way, please.
455
00:19:43,000 --> 00:19:45,567
Now, as soon as Kevin gets back,
456
00:19:45,567 --> 00:19:48,567
I'm gonna take a look at your estimate.
457
00:19:51,500 --> 00:19:53,033
Thank you, Kevin.
458
00:19:56,333 --> 00:20:00,367
Okay, so, "protector muffler." Reasonable.
459
00:20:00,367 --> 00:20:02,900
"Front fender." Unreasonable.
460
00:20:02,900 --> 00:20:04,867
- I...
- Just a second.
461
00:20:04,867 --> 00:20:05,934
You understand?
462
00:20:05,934 --> 00:20:08,400
- Yeah.
- Okay. "Radiator cover.
463
00:20:08,400 --> 00:20:10,533
Footrest boards." No.
464
00:20:10,533 --> 00:20:12,533
Rear reflector is reasonable.
465
00:20:12,533 --> 00:20:14,533
"Exhaust pipe." Okay.
466
00:20:14,533 --> 00:20:16,600
- Now, Mr. Major.
- Yes, ma'am.
467
00:20:16,600 --> 00:20:18,233
I'm going to tell you
468
00:20:18,233 --> 00:20:23,500
that ordinarily I would award him
half the damage
469
00:20:23,500 --> 00:20:26,834
because I think that he
was 50% responsible for this accident.
470
00:20:26,834 --> 00:20:29,400
I think he was driving negligently
with his son.
471
00:20:29,400 --> 00:20:31,767
I think his son was actually,
his 12 year old son,
472
00:20:31,767 --> 00:20:33,133
was driving the scooter.
473
00:20:33,133 --> 00:20:34,533
I think that that's what happened
474
00:20:34,533 --> 00:20:37,266
because his story
about him sitting in the rear seat
475
00:20:37,266 --> 00:20:40,900
hunching over his son
in a four foot wheel base
476
00:20:40,900 --> 00:20:43,266
is not something that I can conjure.
477
00:20:43,266 --> 00:20:45,867
And if it was true, it was still reckless.
478
00:20:45,867 --> 00:20:50,033
So, I would actually ascribe
half of his damage to him.
479
00:20:50,033 --> 00:20:52,734
I'm not and I'm going to tell you why.
480
00:20:52,734 --> 00:20:56,667
Because if there was a lot of traffic,
you are at least partially responsible
481
00:20:56,667 --> 00:20:57,900
for not being more cautious.
482
00:20:57,900 --> 00:20:59,567
You're driving in a big car.
483
00:20:59,567 --> 00:21:02,834
There was somebody behind you
because you did, in fact, hit them.
484
00:21:02,834 --> 00:21:05,333
And you have to be very cautious
when you're driving a big car.
485
00:21:05,333 --> 00:21:08,200
The reason I'm ascribing
all the damage to you, sir,
486
00:21:08,200 --> 00:21:10,767
is because you had no insurance!
487
00:21:10,767 --> 00:21:13,934
And nobody belongs on the road
without insurance!
488
00:21:13,934 --> 00:21:17,767
And there has to be a penalty
when you're driving without insurance,
489
00:21:17,767 --> 00:21:20,000
just like when you're driving
without a license.
490
00:21:20,600 --> 00:21:22,433
Do you require a license...
491
00:21:22,433 --> 00:21:24,100
- Just a second. Just... Hey!
- I require...
492
00:21:25,633 --> 00:21:28,100
Where you live, which Sarah can check,
493
00:21:28,100 --> 00:21:32,600
do you need a driver's license
to ride a scooter on the street?
494
00:21:32,600 --> 00:21:35,200
No, you need an endorsement
for a Class B scooter--
495
00:21:35,200 --> 00:21:36,266
A what?
496
00:21:36,367 --> 00:21:38,100
An endorsement for a Class B scooter.
497
00:21:38,100 --> 00:21:39,967
Okay. Do you have that?
498
00:21:39,967 --> 00:21:41,633
- Yes, ma'am.
- Does your son?
499
00:21:41,633 --> 00:21:42,700
No.
500
00:21:42,700 --> 00:21:44,767
Your son was driving,
your case is dismissed.
501
00:21:44,767 --> 00:21:46,300
We're finished here. Thank you very much.
502
00:21:46,300 --> 00:21:48,233
My son was not driving.
This court is adjourned.
503
00:21:49,400 --> 00:21:50,867
I had insurance...
504
00:21:51,600 --> 00:21:53,700
but I had it on my other vehicle,
not on my truck.
505
00:21:53,700 --> 00:21:56,266
{\an8}I didn't feel nothin' until he was
pounding on the back of my window.
506
00:21:56,266 --> 00:21:59,266
I did not see the scooter
until after the fact.
507
00:21:59,266 --> 00:22:00,633
{\an8}Wear your helmet when you're on a scooter
508
00:22:00,633 --> 00:22:02,333
{\an8}and have insurance
when you're backing out of your driveway.
509
00:22:04,200 --> 00:22:06,333
You know what was interesting
about that, Sarah? To me.
510
00:22:06,333 --> 00:22:10,166
The one thing he said,
which came out sort of by accident,
511
00:22:10,166 --> 00:22:12,433
- Yeah.
- was that his son was in front of him.
512
00:22:12,433 --> 00:22:15,900
- And there's no question that...
- I can imagine a world
513
00:22:15,900 --> 00:22:19,767
in which you're very uncomfortably
trying to ride around your son,
514
00:22:19,767 --> 00:22:22,567
but he's not an...
seven or eight year old, you know,
515
00:22:22,567 --> 00:22:25,200
he's a teenage boy who is five feet tall
516
00:22:25,200 --> 00:22:27,367
and that would be like one of us
sitting in front of him, so--
517
00:22:27,367 --> 00:22:29,767
I agree that it
doesn't make the most sense,
518
00:22:29,767 --> 00:22:33,700
I could fathom it, however,
common sense kind of kills it.
519
00:22:33,700 --> 00:22:37,400
Common sense kinda kills it and so does,
"We were all wearing helmets."
520
00:22:37,400 --> 00:22:38,667
- Yeah.
- And so does,
521
00:22:38,667 --> 00:22:40,100
"I pick him up in the motor scooter,"
522
00:22:40,100 --> 00:22:43,467
and this guy, for sure,
lets his 12 year old son drive it.
523
00:22:43,467 --> 00:22:45,166
- And there's a lot of traffic.
- Yeah.
524
00:22:45,166 --> 00:22:49,000
Based upon, with both things...
and the Defendant had no insurance...
525
00:22:49,000 --> 00:22:50,900
- They deserved each other.
- Yeah.
526
00:22:52,533 --> 00:22:53,767
Want justice?
527
00:22:53,767 --> 00:22:56,066
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