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Flooded parking lot-part 2

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J

johnatp

Guest
Houston Texas, car was parked in off-airport parking lot when a storm flooded the lot and damaged 6 cars. My damage was $3,000, with $1,000 deductible. The parking lot settled the claims of the other 5 cars, because they had lower deductibles, but they are fighting my case saying it was an "Act of God" I have been parking in this lot for 5 years, and when they are expecting a storm, they barricade off part of the lot (the lower areas in elevation) because they know they have a flooding problem and it has happened before.
I have filed a small claims case, and the parking lot attorneys tried to have the case dismissed on a summary judgement, but the judge said there may be enough merits of my case to have the case tried by judge. The problem is, I have no idea where to search for these "merits". I do not have an attorney (too much money for the amount involved) and the parking lot has enlisted a staff of attorneys to fight this $3,000 claim. I know they have spent considerably more defending this than settling. What are my merits? What do I have to show they had "notice" of flooding problems? (Would a tape recorded phone message by manager admitting to flooding problems be enough to prove "notice"?
My small claims case is back in court the end of this month. Any help would be GREATLY appreciated.
Thanks
Johnatp
 



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