What is the name of your state? West Virginia is where the defendant resides. I am from out of state.
Quick synopsis: On a recent trip I visited a local restaurant for dinner. While waiting for the meal, I took out my laptop and began working. Soon after, a waitress came over and attempted to refill my drink and proceeded to drop the pitcher right on top of my laptop. Manager comes out, apologizes and explains the waitress is new. He takes me aside (I bring witnesses) and he apologizes again and verbally says that the restaurant will pay for repairs. I attempt to get a written contract, but he disappears after saying he will "look for a pen".
I call him over the next few weeks and am given the run around. Eventually I reach the business manager and am told that although they may have promised to pay earlier (he admits this over the phone), that promise was made while they were "very busy" and they will no longer do so. These calls were recorded consistent with the laws of Ohio, where they were made.
I sent a letter of intent to sue and am ignored. I then file suit in West Virginia Magistrate Court for the appraised cost of repairs. Defendant hires a lawyer and elects for a jury trial, denying all charges. I am now to appear for the pre trial hearing
A few questions (and I realize the last one is subjective)
a) What am I supposed to do at this pre trial hearing? The clerk said that jurors may be picked, but will I have to do this since I am representing myself pro se? If so, does anyone have any resources or readings that may help with this process?
b) Will not having a lawyer affect my ability to win in the court room?
c) Is it possible that if I lose I will have to pay for the defendant's lawyer's fees?
d) Do I have a case? I did some research before filing and felt that they may be liable under negligence and/or breach of contract torts, but I am no lawyer. Will contributory negligence come into play?
I wish that i had found this site weeks ago, since i've been trying to go through this alone. Thanks in advance for any help
Quick synopsis: On a recent trip I visited a local restaurant for dinner. While waiting for the meal, I took out my laptop and began working. Soon after, a waitress came over and attempted to refill my drink and proceeded to drop the pitcher right on top of my laptop. Manager comes out, apologizes and explains the waitress is new. He takes me aside (I bring witnesses) and he apologizes again and verbally says that the restaurant will pay for repairs. I attempt to get a written contract, but he disappears after saying he will "look for a pen".
I call him over the next few weeks and am given the run around. Eventually I reach the business manager and am told that although they may have promised to pay earlier (he admits this over the phone), that promise was made while they were "very busy" and they will no longer do so. These calls were recorded consistent with the laws of Ohio, where they were made.
I sent a letter of intent to sue and am ignored. I then file suit in West Virginia Magistrate Court for the appraised cost of repairs. Defendant hires a lawyer and elects for a jury trial, denying all charges. I am now to appear for the pre trial hearing
A few questions (and I realize the last one is subjective)
a) What am I supposed to do at this pre trial hearing? The clerk said that jurors may be picked, but will I have to do this since I am representing myself pro se? If so, does anyone have any resources or readings that may help with this process?
b) Will not having a lawyer affect my ability to win in the court room?
c) Is it possible that if I lose I will have to pay for the defendant's lawyer's fees?
d) Do I have a case? I did some research before filing and felt that they may be liable under negligence and/or breach of contract torts, but I am no lawyer. Will contributory negligence come into play?
I wish that i had found this site weeks ago, since i've been trying to go through this alone. Thanks in advance for any help