Being Sued for Ridiculous Reasons

[SunnyCyndi]

What is the name of your state? Maryland Let me first start by saying that I love my husband very much. However, I have often been know to say that he and his best friend (who lives directly next door to us) have exactly 1/2the brain power together that they each do individually when they are apart. About 2 years ago, in the Spring / Summer of 2005, we had a gap develop in the soffit between our 2 townhomes. This gap was allowing Black Crackle birds to enter the space between our attics and actually nest in between our walls. So, my husband and his best friend decided to buy Air Pellet Guns to get rid of the birds. They set up a "trap" with bread crumbs in the yard and were trying to coax the birds out of the attic. Well, the birds came out and they starting shooting at them with their pellet guns. There is an access road that is part of a 25 ft easement granted to us by the town and separates us from a single family home that sits behind our townhomes. The owner of the single family home brought 3 dead birds to pur friend's front porch the next day via shovel and rang his doorbell. When he went to the door, he dropped them on his front step and said something like "I believe these belong to you". He and our friend had words and then he left. That following weekend, they took another crack at a shooting session. The neighbor behind us called the police. The police came out and said because of the rural area that we live in, the pellet guns were not illegal and that if it wasn't song birds being shot then their was nothing he could do unless there was damage to his property, which he stated there was not. They agreed to put the guns away anyway. About a year later, another neighbor of our's decided to get out his BB gun. He saw a bird on the power line in his own yard and took aim. Both my husband and his friend cautioned him stating that the people behind us were going to have the police out again, but he laughed it off and shot the bird. After being shot, the bird flew into the neighbor's yard and dropped directly in front of his wife. They called the police, an officer came out, and Bennie took complete responsibility for his actions. So, he put his gun away too. Around that same time, both my husband and James tore down our delapidated sheds in the back yard and decided to build new ones. Our friend is a Master Carpenter by trade and my husband was a CB (construction batallion) in the Navy. The neighbor never said anything about them when we put them up. 2007 - the weekend before Memorial Day, my 13 year old son was woken in the middle of the night by our dogs in his room barking out the window. My son woke my husband up and he clearly saw someone trying to break into our back yards. The gates are padlocked shut because, between the 2 yards, we have over $25,000 in ATV vehicles and over $50,000 in expensive tools and materials. The person couldn't get in the gate so they were trying to climb over. My husband immediately ran downstairs and out the back door and turned on our back porch light. The person ran away. When my husband told his friend about this, friend went to Lowe's Hardware and bought a motion sensor light which he installed on his shed. The light is very bright - it has 3 250 watt bulbs in it. My husband told him it was way too bright but he doesn't always listen. While he was installing it and adjusting the angle, the neighbor behind us came over and shouted "that's very intrusive". Friend tried to explain why he was putting the light up and that he was still trying to adjust the angle and the guy said "I don't care. It's very intrusive" and walked away. He never said anything more about the light.
By the way, I think I forgot to mention that only my husband, friend, and friend's wife have ever interacted with these people. Anyway, about a week later, an inspector from the county came out and saw friend's wife, who was the only one of us not at work, and said that they had received a complaint about our sheds not having permits and being of illegal size for our lots. She took him out back to see both of the sheds and they inspector asked when we had put them in. She told him about a year ago. He responded that the complaint had said we had just put them up over the last month. She told him no and proceeded to tell him the story about the light and that the people behind us had probably called. Anyway, the inspector said this was all ridiculous and even if we did need a permit, they have to catch it and fine you within a year. So, he wrote on the paperwork "case closed" and gave it to her. Another week goes by and we get letters from our Town Hall stating that there is a complaint that our sheds were constructed without permits and were of illegal size. My husband and his friend went up to Town Hall (we live in a very small town) and asked them what they needed to do to get all of this nonsense to stop. The town manager told them that he didn't want to send the letters but the neighbor had barged into Town Hall the day before, cussing up a storm about the light and the sheds, had the receptionist pull him out of a meeting, and demanded that they do something. He told them to fill out an application for a permit (even though he admitted you don't need one to replace an old shed), turn it in with a copy of our plat along with the dimensions of the sheds, and pay $30 for a permit. They did as they were instructed, the town engineer inspected the sheds that were already built, ensured that the dimensions were within code, and they granted us permits. So, the neighbor behind us became enraged at this point. He took a piece of plywood and spray painted on it with red paint "Housing Code Violations! Call Town", with the number of town hall and an arrow pointed in the direction of our homes. He attached his homemade sign to his fence on the main road. People called town hall to complain about the sign, and the town made him take it down within 24 hours. He waited until my husband and friend were in the backyard the next day, came into the access road and yelled over the fence at both of them "This isn't going to end here. I have more than enough money to make you go away. I can bury you." Those were his exact words. A week later, friend's wife was walking their pug outside on a leash and noticed him taking pictures of our houses and then he started taking pictures of her with the dog. She went home and told friend. Friend went over to his house to confront him and stood at the top of his driveway. He said "Excuse me. Have we offended you in some way?". The guy responded "Get the f.... off my property", to which friend responded "Then stop taking pictures of my house and my wife". The guy said "Get off my GD property or I will kick your a..". Friend responded "Well, I'll kick your a.." 2 days after that, they received a notice from the Dept of Housing that said that although the light was not a violation they needed to either reduce the wattage or lower the angle of the light within 15 days. The sensor and light were set directly at the top of the fence line to go off if someone tried to climb over. He called the Dept of Housing and asked why he needed to do anything if the light was not a violation. They responded that they were only following up on a complaint and it was then we learned that this guy is a retired Director of Public Affairs for our county and had been pulling strings to try to keep pushing all of these issues. My husband and his friend got out there that night and angled the light down to the ground so it wouldn't go off unless someone actually made it into the yard. 1 week later, we were all served with a lawsuit - all 4 of us. They want 8 million dollars total for Infliction of Emotional Distress and Invasion of Privacy. The complaint actually states that because of the "unreasonable and unconscionable actions" of MYSELF (along with husband, friend, and friend's wife) that they are due medical bills and a monetary award. At this point, I am flabbergasted - nowhere in the complaint does it list anything that I personally have done. I've never even laid eyes on these people, as far as I know. They asked for an immediate injunction to make us tear down the sheds (which are in code), remove the light, and they want restraining orders against all 4 of us. Friend is the only one of the 4 of us that has actually ever spoken to them. They claim that we have made them "prisoners" in their own home, Their request for immediate injunctive relief was denied and an Injunction Hearing is set for August 23. Friend's homeowners insurance is covering them on this matter, mine is not. So, we had to look for an attorney and have an appointment to meet with him.
So, my questions are these - to any lawyers out there -
1. Would you call this a "frivulous lawsuit"?
2. What are the chances that I can be completely removed from this since I had nothing to do with the birds and the light does not belong to me and my husband.
3. If this case is dismissed by a court or we actually get all the way to a trial (by the way - they have already requested a jury trial) and we win, can we make them pay our lawyer fees?
4. Should my homeowner's insurance be covering this as well, based on the fact that "emotional distress" could be considered bodily injury?
5. My husband wants to countersue for harassment and defamation of character (we are already being treated differently by people in town).
6. We also received Interrogatories in the mail for my husband to respond to. Can they just ask whatever they want? I don't see the relevance in a few items. Such as, they want to know our reported income on our taxes for the last 6 years, they actually are requesting copies of our tax returns, they want to know how much we bought our home for and how much equity is currently in it, our children's full names and SSNs, etc.

[moburkes]

You need to shrten that by at LEAST 60% before someone will read it. Otherwise, you'll need to take it to a local attorney for a free consult.

[Zigner]

Amazingly enough, I actually DID read the entire thing.
OP - I believe there is just as much to the other side of the story as there is to yours. It sounds much too complex for an internet forum to answer your questions.
Consult with a local attorney.

[Rexlan]

Holly CHIT .. I think I got hoof and eye disease just looking at that!

1888 words and 94 lines!!!!

Reduce it by 90%

[moburkes]

Originally Posted by Rexlan

Holly CHIT .. I think I got hoof and eye disease just looking at that!

1888 words and 94 lines!!!!

Reduce it by 90%

I'm with you. My eyes don't work well enough to read all that.

[dcatz]

I read it too. I even think some of the questions could generate responses, but they’re a small part of a multiplicity of issues and I agree with Zigner. Eventually, the OP is going to need counsel anyway. Start now. This doesn’t lend itself to online answers.

[SHORTY LONG]

I too agree with all of our honorable Forum members post[s] replies!

[Quaere]

I read it because it was INCREDIBLY concise.

Cyndi: The comments that follow are based STRICTLY on the assumption that you have given us the whole story.

The birds aren’t mentioned in the complaint are they? If anything, the fact that the guys voluntarily stopped shooting them out of deference for the neighbor, will militate against any claim that you have acted with malice against your neighbor.

I don’t see any indication that the police were called about your intruder. If not, the neighbors claim that the light was installed just to harass him, has at least some credibility.

Would you call this a "frivulous lawsuit"?

I don't see any basis for a legal claim in the information you have provided.

What are the chances that I can be completely removed from this since I had nothing to do with the birds and the light does not belong to me and my husband.

That depends on what the allegations are in the complaint. What exactly is the guy accusing you of doing that has led to his emotional distress?

If this case is dismissed by a court

If you can’t get it dismissed immediately for failure to state a claim, then there is more to this than you are saying. If you DO get it dismissed for failure to state a claim, you should be able to get costs from the plaintiff.

or we actually get all the way to a trial

If you get all the way to trial the suit must have some merit, in which case whether you win or lose, you will have to pay your own costs.

The jury request is normally made when the complaint if filed.

Should my homeowner's insurance be covering this as well, based on the fact that "emotional distress" could be considered bodily injury?

Homeowner’s Insurance doesn’t usually cover an intentional tort, which is what this is.

My husband wants to countersue for harassment and defamation of character (we are already being treated differently by people in town).

From what you’ve written, they guy hasn’t said anything defamatory about you, he has simply stated the facts and concluded that you are TRYING to aggravate him. That is not defamation. How is it that everyone in town knows about the suit?

We also received Interrogatories in the mail for my husband to respond to. Can they just ask whatever they want? I don't see the relevance in a few items.

They can ask and you can refuse to answer by stating the grounds for you refusal. In most cases, you simply state the question is irrelevant. They can move to compel your answers and the judge will decide if they are entitled to the information.

they want to know how much we bought our home for and how much equity is currently in it,

They can get that information off of the Internet and you don't have to give them any info that they can access just as easily as you can.

[badapple40]

You need a lawyer to deal with this. If you cannot afford one, try the local bar assn.

[SunnyCyndi]

I just wanted to say thank you to those of you who took the time to read my very long question. My husband and I have retained an attorney and he is of the opinion that nothing in the complaint, even if it were found to be true (most of the complaint is untrue or inaccurate), is actionable in our state. He is filing a motion to dismiss based on "failure to state a claim" but told us that we could also look into claiming that it is a "bad faith litigation" because I personally have been named as a defendant and there is not one single item in the entire complaint that pertains to me. If anyone is interested in hearing how this turns out, please respond and I will be happy to reply as things develop. Thanks again.

[SHORTY LONG]

Thank you for the update. Hope all works out in your favor. And yes, please revisit, and keep us updated.

[SunnyCyndi]

So here is the newest update. There was an injunction hearing scheduled last Thursday in reference to the motion light that is on my neigbor's shed (my husband's best friend). The count on the Complaint for Judgement was Count 17 for an injunction and specifically stated that they were seeking injunctive relief against all 4 of us for a light that does not belong to my husband and I. Our attorney advised my husband and I that since it wasn't our light, we did not need to be present and he would handle the hearing. On Friday, I went to the courthouse and purchased a CD recording of the preceedings because our attorney had stated that he was appalled at the way that the plaintiffs had openly showed malice toward us and I wanted to hear the preceedings for myself.
Since the light doesn't belong to us, our attorney simply asked the plaintif (we'll call my husband and I defendants B) "Is the light on defendants B's property" and he replied NO. "Is the light switch on defendants B's property" and he replied No. He then asked him "Then why haven't you dismissed defendants B from count 17 where you are asking for injunctive relief" and the plaintiff stated in a disgustingly angry manner - and this is a direct quote (as I have listened to the recording 3 times now in disbelief) - "Because I'm going to wrap them all up in it and I don't care how long it takes and if it takes every dime that I own!" When the plaintiff's wife was asked the same question, she responded with "huh?" 3 times in a row, and then softly said "because, because, we just didn't".
When I stated in my original post that my husband wanted to file suit for harassment, we knew that these types of things were being said all over town by them (we live in a town of only about 5000 residents), but never in a million years would I think that he would state it in open court. My attorney replied to them "well, silly me, here I was spending my day here to defend defendants B and I must have been here by mistake". He is now asking for his attorney fees from them for at least the hearing date (4 hours) because their lawyer stepped in and stated that they weren't seeking injunction from us and was then told by our attorney and the judge to please reference the Complaint where it said that they were. Plaintiff's counsel said he could submit the request and they would respond within the appropriate timeframe and through the appropriate channels. Mistake, Bizarre, or just plain Abuse of the Legal System to Harass us?

[Quaere]

their lawyer stepped in and stated that they weren't seeking injunction from us and was then told by our attorney and the judge to please reference the Complaint where it said that they were.

Please reference the complaint where it said what?

Do you mean plaintiff was told to show where it says in the complaint that plaintiff is NOT seeking an injunction against Defendants B?

Plaintiff's counsel said he could submit the request

Submit WHAT request and to whom?

and they would respond within the appropriate timeframe and through the appropriate channels.

You've lost me.

Mistake, Bizarre, or just plain Abuse of the Legal System to Harass us?

Yes. It is one of the three, lol. Expect plaintiff to claim it was a mistake. Also expect plaintiff to pay for your atty's appearance.

It sounds like there is something seriously wrong with plaintiff's counsel. Check and see how long he's been out of law school. I'll be surprised if plaintiff does not drop the case by the end of this week.

By all means, please let us know what happens next!

[SunnyCyndi]

Sorry, maybe I could have worded all of that better so it made sense out of context of the entire recording. The Complaint for Judgment against the 4 of us had a total of 17 counts - the 17th of which was a request for injunctive relief being sought against all 4 of us concerning the light (that specific count actually stated all 4 names in it). After the husband stated that he did not dismiss my husband and I from that specific complaint because he wanted to "wrap them all up in it", etc. etc. and the wife was not able to give a valid answer, their attorney said "I don't believe that we asked for injunctive relief against defendants B". So, my attorney entered the complaint into evidence and then he asked (and then the judge asked because plaintiff failed to respond right away) him to read the complaint which stated specifically that my husband and I were included for a light that doesn't belong to us. When plaintiff admitted that the complaint stated all 4 names and not just defendants A (our friends that own the light), our attorney told the judge that he would then be asking for his fees for the day since the plaintiff's attorney has just admitted we should not have been listed in the complaint for injunctive relief. Plaintiff's attorney then stumbled over words and said that our attorney would have to send the appropriate paperwork to his (plaintiff's attorney) office and he would respond in the appropriate manner within the appropriate time - the guy really liked the word appropriate. I'm sure that they will claim it as a mistake, but the husband made it clear that to him it was not a mistake. Also, we already have signed affadavits from 3rd parties that will dispute most everything in the complaint that they originally filed and signed under penalty of perjury as well as half of their testimony at the hearing. As for their lawyer, you are correct that there is something wrong with him. I won't go into too much detail because I do not know the laws around defamation, etc. but I have looked him up and he has been suspended previously and then reinstated. He has also had at least 2 judgements against him for complaints that were filed through our state's Attorney Grievance Commission - all of which I found in public record on the Maryland Judiciary Case Search website. Bottom line is this - these people have went around town telling everyone that they are going to make us spend everything we are worth in order to defend ourselves for things that they know are untrue, simply because they do not like my husband's best friend. It has been rumored (and I stress rumored) that they only brought us into this because they know that my husband and I make significantly more than the parties that they are truely mad at (true - we make twice what they make). But that doesn't mean that we should have to spend it all defending ourselves against something that we have not done. I really hope that the legal system has a remedy for my husband and I at the end of all of this. What kind of legal system would allow people to be forced into paying thousands of dollars to an attorney because someone is mad at their friends and states in open court that he is going to "wrap them all up in it", etc. etc. Anyway, our attorney filed a motion to dismiss the entire lawsuit last week based on "failure to state a claim" and they have 15 days to respond. I guess it is a waiting game for the time being.

[Quaere]

Thanks for clarifying.

I really hope that the legal system has a remedy for my husband and I at the end of all of this.

After the case is dismissed, your atty should be able to recover all of your costs.

Anyway, our attorney filed a motion to dismiss the entire lawsuit last week based on "failure to state a claim" and they have 15 days to respond. I guess it is a waiting game for the time being.

Keep us up to date! Good luck.