Trial de Novo Advice

[eta506]

What is the name of your state (only U.S. law)? MO

Hi, I won a case for $1,100 in small claims and the defendant has appealed. A trial de novo is set and I am wondering if I need a lawyer. I presented photos, an estimate of damage to my house by the defendant’s trampoline from a contractor and the instruction manual from the trampoline manufacturer stating how it should be properly staked down during high winds. As you can imagine the defendant was negligent and failed to secure the trampoline during a thunderstorm and it hit my house. She claimed it was an act of God! So, do I just do the same thing as I did in the small claims court to tell my story and present my evidence or do I have to do something different? By the way, this lady had no defense whatsoever. She just whined to the judge. I have tried to contact her to settle but she has an unlisted phone number. I would rather just split the cost with her than have to take a day off work to go to a trial.

Thanks for the advice.

Nick

 

[Free_Advice]

Sounds like you'll be going back to court ... go about it in the same manner with any adjustments based on the last defense.

 

[eta506]

The question is do I need to do anything different in regards to entering evidence or anything like that in the trial? If I do the same thing as in the small claims court then I am fine but I understand it is more formal.

 

[HomeGuru]

What is the name of your state (only U.S. law)? MO

Hi, I won a case for $1,100 in small claims and the defendant has appealed. A trial de novo is set and I am wondering if I need a lawyer. I presented photos, an estimate of damage to my house by the defendant’s trampoline from a contractor and the instruction manual from the trampoline manufacturer stating how it should be properly staked down during high winds. As you can imagine the defendant was negligent and failed to secure the trampoline during a thunderstorm and it hit my house. She claimed it was an act of God! So, do I just do the same thing as I did in the small claims court to tell my story and present my evidence or do I have to do something different? By the way, this lady had no defense whatsoever. She just whined to the judge. I have tried to contact her to settle but she has an unlisted phone number. I would rather just split the cost with her than have to take a day off work to go to a trial.

Thanks for the advice.

Nick

**A: how come your insurance company is not defending you?

 

[Zigner]

**A: how come your insurance company is not defending you?

Because the OP isn't the defendant

 

[HomeGuru]

Because the OP isn't the defendant

**A: maybe I should have used the word representing rather than defending.
Although in such cases an attorney could defend a Plaintiff.

 

[BL]

What is the name of your state (only U.S. law)? MO

Hi, I won a case for $1,100 in small claims and the defendant has appealed. A trial de novo is set and I am wondering if I need a lawyer. I presented photos, an estimate of damage to my house by the defendant’s trampoline from a contractor and the instruction manual from the trampoline manufacturer stating how it should be properly staked down during high winds. As you can imagine the defendant was negligent and failed to secure the trampoline during a thunderstorm and it hit my house. She claimed it was an act of God! So, do I just do the same thing as I did in the small claims court to tell my story and present my evidence or do I have to do something different? By the way, this lady had no defense whatsoever. She just whined to the judge. I have tried to contact her to settle but she has an unlisted phone number. I would rather just split the cost with her than have to take a day off work to go to a trial.

Thanks for the advice.

Nick

Why don't you find the defendant's address and write an offer to settle ?

 

[eta506]

The insurance company was not involved as we have a $1000.00 deductable and our rates would have gone up 20% had we filed a claim. I could try sending her a letter to settle and see if that will work.

 

[BL]

The insurance company was not involved as we have a $1000.00 deductable and our rates would have gone up 20% had we filed a claim. I could try sending her a letter to settle and see if that will work.

Just remember , it cost money for the transcript and filing .

Make your offer reasonable enough and the fish might bite .

On the other hand if all the other party does is ramble in court , the decision will most likely be the same .