J
johnatp
Guest
Texas - I was parked at an off-airport parking lot during a stormy weekend and the lot flooded. My car, along with 5 other cars, were submerged. This lot has a history of flooding, and when it is expected to rain, they barricade off certain low lying areas of the lot. I filed a small claims case and their defense is 'Act of God'. However, during the discovery/interrogatory phase, they admitted that the other 5 cars that were flooded had been reimbursed and my car was the only one not paid, for whatever reason. Same flood, same weekend, but evidently 'Act of God' does not apply to the other cars. Also, I have a recording of a phone message left by one of the managers of the lot where he states that the flooding of the lot has been an ongoing problem. So my defense is that they knew the lot was flooded, but instead of fixing it, they choose to put out the barricades.
I have spent hours and hours trying to find cases where a known problem exisits, where notice of a problem has been given, and that the owner of the premises is liable if there is notice of the problem. Any help would be greatly appreciated. I am the little guy going up against the corporate attorneys and they are drowning me in paperwork. Even the judge told them to back off...this is a small claims case, not an Enron Bankruptcy. So my case goes to a judge trial next month, but I still have no cases to quote and support my argument. HELP !!!!
JOHNATP
I have spent hours and hours trying to find cases where a known problem exisits, where notice of a problem has been given, and that the owner of the premises is liable if there is notice of the problem. Any help would be greatly appreciated. I am the little guy going up against the corporate attorneys and they are drowning me in paperwork. Even the judge told them to back off...this is a small claims case, not an Enron Bankruptcy. So my case goes to a judge trial next month, but I still have no cases to quote and support my argument. HELP !!!!
JOHNATP