1 00:00:00,233 --> 00:00:04,166 {\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 00:00:11,166 --> 00:00:13,200 How would you know? You wasn't even there. She wasn't even there. 6 00:00:13,200 --> 00:00:14,667 You called him an idiot! 7 00:00:14,667 --> 00:00:15,734 She's gone. 8 00:00:15,834 --> 00:00:17,100 In front of my son! 9 00:00:17,100 --> 00:00:18,266 Gone! Gone! 10 00:00:18,266 --> 00:00:20,567 This is Judy Justice. 11 00:00:37,767 --> 00:00:39,133 Matthew Klingelhoffer... 12 00:00:39,133 --> 00:00:42,200 {\an8}is suing fellow motorist, Robin Major, 13 00:00:42,200 --> 00:00:45,967 for scooter damages after Robin hit Matthew's scooter. 14 00:00:45,967 --> 00:00:48,033 Court coming to order. All rise. 15 00:00:48,033 --> 00:00:49,100 Have a seat, everyone. 16 00:00:50,967 --> 00:00:51,967 Hello, Judge. 17 00:00:51,967 --> 00:00:54,967 Case 2197: Klingelhofer vs. Major. 18 00:00:54,967 --> 00:00:56,300 - Thank you. - Mm-hmm. 19 00:00:57,633 --> 00:00:59,633 You were riding a motor scooter. 20 00:00:59,633 --> 00:01:02,500 - Yes, ma'am. - Can you describe it for me, please? 21 00:01:02,500 --> 00:01:05,533 It is a 2018 Yamaha Zuma. 22 00:01:05,533 --> 00:01:06,633 Is that a small...? 23 00:01:06,633 --> 00:01:10,333 - No, it's... I got a picture of it here. - Can I see that, please? 24 00:01:15,567 --> 00:01:16,934 Yeah, well, it's small. 25 00:01:16,934 --> 00:01:18,667 - Yeah, it's a small vehicle... - And, you were on... 26 00:01:18,667 --> 00:01:20,633 this vehicle with a child? 27 00:01:20,633 --> 00:01:23,066 - Yes, ma'am. - That was your son who's how old? 28 00:01:23,066 --> 00:01:24,567 Uh, 12. 29 00:01:24,567 --> 00:01:26,433 - What's his name? - Justin Barr. 30 00:01:26,433 --> 00:01:28,734 - He's not here today. - No. 31 00:01:28,734 --> 00:01:30,600 - Why not? - He has autism. 32 00:01:30,600 --> 00:01:35,533 And you were riding with him going where on October 20th of last year? 33 00:01:35,533 --> 00:01:38,700 I just picked him up from school and I was on my way home. 34 00:01:38,700 --> 00:01:40,033 {\an8}How far is it? 35 00:01:40,033 --> 00:01:42,266 {\an8}Uh, the school is less than a half a mile from my home. 36 00:01:42,266 --> 00:01:43,800 {\an8}Do you pick him up every day? 37 00:01:43,800 --> 00:01:45,767 Most of the time, yeah, but since this accident 38 00:01:45,767 --> 00:01:47,367 I have not pickled him up since. 39 00:01:47,367 --> 00:01:48,433 Mom does. 40 00:01:48,433 --> 00:01:50,367 So, there's a car available to pick him up. 41 00:01:50,367 --> 00:01:53,533 - Yes. - It's your claim that the Defendant, 42 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. 44 00:01:59,467 --> 00:02:02,700 That happened on the 22nd of October. 45 00:02:02,700 --> 00:02:05,900 - I assume sometime after three o'clock? - Yes. 46 00:02:05,900 --> 00:02:08,467 - It was at 3:18... - In... In what state do you live? 47 00:02:08,467 --> 00:02:10,000 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. 51 00:02:17,233 --> 00:02:19,100 So, the answer is either "yes" or "no". 52 00:02:19,100 --> 00:02:20,900 - You said, "No," so there... - Yes, ma'am, for me, no. 53 00:02:20,900 --> 00:02:22,233 For my son, yes. 54 00:02:22,233 --> 00:02:24,433 - Was your son wearing a helmet? - Yes, ma'am. 55 00:02:24,433 --> 00:02:26,600 - You know he was not. - Shh shh. Now, listen to me. 56 00:02:26,600 --> 00:02:28,166 Shh. Don't speak. 57 00:02:28,166 --> 00:02:30,467 He had a small, purple bicycle helmet on. 58 00:02:30,467 --> 00:02:32,967 Now, you wear a helmet because... 59 00:02:32,967 --> 00:02:34,667 To keep him from getting his head hurt. 60 00:02:34,667 --> 00:02:35,767 - Hurt. - Yeah. 61 00:02:35,767 --> 00:02:38,734 - Well try... - Right, well, just for my own interest, 62 00:02:38,734 --> 00:02:42,000 why wouldn't you wear a helmet to prevent you from getting hurt? 63 00:02:42,000 --> 00:02:43,834 Dumb is what dumb does? 64 00:02:43,834 --> 00:02:45,066 Well, that would be an answer, 65 00:02:45,066 --> 00:02:47,767 because that sounds sort of reckless to me. 66 00:02:47,767 --> 00:02:49,567 Yes, ma'am. I wear a helmet now. 67 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... 68 00:02:54,100 --> 00:02:56,633 sir, so I want you to be very, very careful 69 00:02:56,633 --> 00:02:58,633 when I ask you this question again. 70 00:02:58,633 --> 00:03:03,834 {\an8}Are you positive that your son was wearing a helmet on the 22nd of October? 71 00:03:03,834 --> 00:03:06,367 {\an8}- No, ma'am, I wasn't 100% positive. - Okay. 72 00:03:06,367 --> 00:03:07,834 {\an8}- But he normally-- - Shh, just a sec. 73 00:03:07,834 --> 00:03:09,700 - Always is wearing a helmet. - Okay. 74 00:03:09,700 --> 00:03:10,900 On your way home... 75 00:03:10,900 --> 00:03:15,400 I understand you have some sort of a chart to try to explain to me 76 00:03:15,400 --> 00:03:18,633 what the accident, well, this is your version of the accident. 77 00:03:18,633 --> 00:03:20,867 So, you want to step over there, Mr. Klingelhoefer. 78 00:03:20,867 --> 00:03:23,900 - Yes, ma'am. - That would be you and your son 79 00:03:23,900 --> 00:03:26,700 riding, both of you probably without helmets 80 00:03:26,700 --> 00:03:29,600 and it looks, that's your version, and it looks as if-- 81 00:03:29,600 --> 00:03:31,567 - I was sitting in traffic... Sorry. - Shh, just a sec... 82 00:03:31,567 --> 00:03:34,667 And it looks as if there's a lot of traffic. 83 00:03:34,667 --> 00:03:37,600 - Yes, ma'am. - So a lot of traffic, no helmets... 84 00:03:37,600 --> 00:03:40,200 You're on your way home and? Go ahead. 85 00:03:40,200 --> 00:03:43,834 I was just sitting in traffic here waiting for the train to clear 86 00:03:43,834 --> 00:03:46,367 and he comes off his driveway and backs right into me. 87 00:03:46,367 --> 00:03:49,800 No horn, no regard of... Me being there or nothin. 88 00:03:49,800 --> 00:03:50,867 Okay. I... Just a... Just... Wait, wait one second. 89 00:03:50,967 --> 00:03:53,934 - On the other side... This is your chart. - Yes, ma'am. 90 00:03:53,934 --> 00:03:57,667 On the other side of where the defendant's driveway is, 91 00:03:57,667 --> 00:03:59,834 which I assume is the blue car, 92 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? 94 00:04:04,934 --> 00:04:06,300 - Yes. - Point to where I'm talking about. 95 00:04:06,300 --> 00:04:08,700 - This is a street called, uh... - Yes, that's a street. 96 00:04:08,700 --> 00:04:11,333 - Yes. - And that's a street that has cars. 97 00:04:11,333 --> 00:04:13,200 - Yes, ma'am. - Right, so, 98 00:04:13,200 --> 00:04:16,867 one would say you should not be in that intersection. 99 00:04:16,867 --> 00:04:18,633 {\an8}- Well, I didn't, uh... - Just a second. Just a second. 100 00:04:18,633 --> 00:04:23,867 {\an8}One would say, even in your chart, you should not be in that intersection. 101 00:04:23,867 --> 00:04:27,233 You should be either, have enough room in front, 102 00:04:27,233 --> 00:04:30,667 or wait until the traffic moves. 103 00:04:30,667 --> 00:04:34,567 Because you're stuck in the middle, so a car can't move out of... 104 00:04:34,567 --> 00:04:37,000 - That's... - I was actually sitting about right here. 105 00:04:37,000 --> 00:04:38,934 - Well, this is your chart. - Yes, ma'am. 106 00:04:38,934 --> 00:04:42,133 So, you indicate that that chart is not absolutely correct. 107 00:04:42,133 --> 00:04:43,266 No, it's not. 108 00:04:43,266 --> 00:04:47,166 And that your scooter was right behind the three cars. 109 00:04:47,166 --> 00:04:49,433 I was behind these three cars here... 110 00:04:49,433 --> 00:04:50,734 But still in the intersection. 111 00:04:50,734 --> 00:04:52,033 - Yes, ma'am, uh... - Just a second. 112 00:04:52,033 --> 00:04:54,900 We was coming to a rolling stop as the arms were coming down, 113 00:04:54,900 --> 00:04:56,800 so I didn't know where I was going to stop at, 114 00:04:56,800 --> 00:04:58,467 so I was rolling with traffic 115 00:04:58,467 --> 00:05:02,000 and the vehicle that was in front of me was also pulling a trailer 116 00:05:02,000 --> 00:05:04,166 and I couldn't see around it. It was a big box trailer. 117 00:05:04,166 --> 00:05:06,300 So, you couldn't see what was in front of you. 118 00:05:06,300 --> 00:05:07,367 No, I could not. 119 00:05:07,367 --> 00:05:10,900 And I... I got as far away from his driveway as I possibly could. 120 00:05:10,900 --> 00:05:13,900 Well, no. You weren't even thinking about his driveway, sir. 121 00:05:13,900 --> 00:05:16,266 Let's be square, you know, 122 00:05:16,266 --> 00:05:18,533 it's not a good idea to make things up as you go. 123 00:05:18,533 --> 00:05:20,066 - No. - You didn't even know 124 00:05:20,066 --> 00:05:22,367 - that his driveway was there. - Yeah, I did. 125 00:05:22,367 --> 00:05:24,166 - You did? Just... Just a second. - I knew it was there, 126 00:05:24,166 --> 00:05:27,500 but I was trying to get far enough out of the way of the intersection. 127 00:05:27,500 --> 00:05:30,500 I didn't think he was going to come out of his driveway and back into me, ma'am. 128 00:05:30,500 --> 00:05:34,600 Well so you were watching the other side? Not the driveway? 129 00:05:34,600 --> 00:05:36,734 - Is that what you're saying? - Yeah, I was looking at the intersection. 130 00:05:36,734 --> 00:05:37,800 - Yeah. Okay. - Making sure 131 00:05:37,800 --> 00:05:39,767 I got out of the intersection, got past the yellow line. 132 00:05:39,767 --> 00:05:42,834 Okay. So, he clipped the... 133 00:05:42,834 --> 00:05:46,133 - Rear, right by my tail light. - Yeah. 134 00:05:46,133 --> 00:05:47,567 - Back here. - Yes, ma'am. 135 00:05:47,567 --> 00:05:49,967 And, what happened? Go back, now. 136 00:05:49,967 --> 00:05:51,800 - It literally just shoved me over. - Okay. 137 00:05:51,800 --> 00:05:52,867 Go back. 138 00:05:52,967 --> 00:05:55,800 So, it shoved you over. 139 00:05:55,800 --> 00:05:58,600 Now, when it shoved you over, did you land on one foot, 140 00:05:58,600 --> 00:06:00,266 or did you land on the pavement? 141 00:06:00,266 --> 00:06:01,433 {\an8}No, we landed on the pavement. 142 00:06:01,433 --> 00:06:04,767 {\an8}I tossed my son up because he was sitting in front of me. 143 00:06:04,767 --> 00:06:06,567 - Up onto his feet. - Just a... Justa second. 144 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. 146 00:06:09,066 --> 00:06:11,000 Hold the phone. 147 00:06:11,000 --> 00:06:12,867 Your son was sitting in front of you. 148 00:06:12,867 --> 00:06:14,967 - Yes. - That's what... is that what he said? 149 00:06:14,967 --> 00:06:16,200 "He was sitting in front of me." 150 00:06:16,200 --> 00:06:17,800 So, your son was driving? 151 00:06:17,800 --> 00:06:19,967 - No, he was not driving, I was driving... - I'm trying to get... 152 00:06:19,967 --> 00:06:22,900 I'm trying to get this picture in my head. 153 00:06:22,900 --> 00:06:25,200 - I'm being a protective parent. - With this little... Just a second. 154 00:06:25,200 --> 00:06:28,533 With this little scooter, your son was in front of you. 155 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. 158 00:06:35,333 --> 00:06:37,166 And how tall is your 12 year old? 159 00:06:37,166 --> 00:06:40,033 - Probably about five foot, if that. - My size. 160 00:06:40,033 --> 00:06:43,300 - Yes. - So, like a fully grown adult. 161 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 162 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. 163 00:06:51,400 --> 00:06:52,467 Yeah. Yes, ma'am. 164 00:06:52,467 --> 00:06:56,567 Right? Okay. So, your adult child is sitting in front of you, 165 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... 167 00:07:00,600 --> 00:07:03,734 Hold out your arms. I want you to explain to me 168 00:07:03,734 --> 00:07:06,433 how your son is in front of you, 169 00:07:06,433 --> 00:07:09,333 you're behind him in the back part of this seat, 170 00:07:09,333 --> 00:07:10,900 and you're driving. 171 00:07:10,900 --> 00:07:12,400 I want you to explain that to me. 172 00:07:15,333 --> 00:07:17,800 {\an8}The 12 year old driving the motor scooter. 173 00:07:17,800 --> 00:07:19,967 - He was not driving. - Well, I don't believe you. 174 00:07:19,967 --> 00:07:21,100 I don't believe you either. 175 00:07:21,100 --> 00:07:22,367 {\an8}I don't care whether you believe me. 176 00:07:22,367 --> 00:07:24,400 {\an8}You're not judging me, I'm judging you. 177 00:07:24,400 --> 00:07:27,300 So, that means that if I don't believe you, that's important. 178 00:07:27,300 --> 00:07:29,000 If you don't believe me, that is irrelevant. 179 00:07:40,433 --> 00:07:41,767 Matthew Klingelhoefer 180 00:07:41,767 --> 00:07:44,467 {\an8}claims fellow motorist, Robin Major, 181 00:07:44,467 --> 00:07:48,367 hit Matthew's scooter while Robin was pulling out of his driveway. 182 00:07:48,367 --> 00:07:51,233 - Go ahead. - I'm reaching around my son and driving. 183 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. 184 00:07:55,734 --> 00:07:58,867 Hey. You may have been driving scooters when you were 16, 185 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 Go to JudyJustice.tv