What is the name of your state (only U.S. law)? California.
Posting here in hopes of some guidance for my grandmother.
In 2007 my grandmother was involved in a 3 car collision as one of the injured parties. The driver at fault was a 90 year old man.
After 4 years alot has happened with regards to the accident. First off, the insurance company refused to pay for her medical bills. She was forced to sue. Months before her trial her lawyer dropped her case, and submitted documents on her behalf (without telling her) that she would be proceeding pro per (as her own council).
The trial was set for this week. She, having no legal knowledge, didn't go about alot of things the way she should have. The worst being that she didn't have the police officer who wrote up the incident on her witness list. Because of this she could not put the traffic report into evidence, and in the end could not prove negligence of the defendant without it.
The judge ruled in favor of a Motion For Non-Suit filed by the defense on Wednesday, after my grandmother rested her case without proving negligence. I've been trying to find ways to fight it through endless google searching but haven't had much luck.
I was also looking to see if we could do anything on grounds of judicial bias, as the judge seemed very bias'd toward my grandmother from the start. She made statements along the lines of my grandmother not knowing what she was doing (well obviously not). She also seemed to argue the defense's case more than the defense's council. Often times objecting on the defense's behalf, and talking down toward my grandmothers witnesses as if they were doing things wrong (made them look stupid).
I'm wondering what we can do now at this stage.
Could we refile? What are likely problems that will arise if we do refile?
Could we make an appeal of some sort, or get the witness list amended to include the officer? I've tried finding forms to amend a witness list without any luck.
She definitely didn't get a fair trial, so there must be something we can do. I'm pretty disgusted that the law doesn't protect regular non-lawyer citizens from being tossed about in the legal system like headless chickens..
Thanks for any help.
Posting here in hopes of some guidance for my grandmother.
In 2007 my grandmother was involved in a 3 car collision as one of the injured parties. The driver at fault was a 90 year old man.
After 4 years alot has happened with regards to the accident. First off, the insurance company refused to pay for her medical bills. She was forced to sue. Months before her trial her lawyer dropped her case, and submitted documents on her behalf (without telling her) that she would be proceeding pro per (as her own council).
The trial was set for this week. She, having no legal knowledge, didn't go about alot of things the way she should have. The worst being that she didn't have the police officer who wrote up the incident on her witness list. Because of this she could not put the traffic report into evidence, and in the end could not prove negligence of the defendant without it.
The judge ruled in favor of a Motion For Non-Suit filed by the defense on Wednesday, after my grandmother rested her case without proving negligence. I've been trying to find ways to fight it through endless google searching but haven't had much luck.
I was also looking to see if we could do anything on grounds of judicial bias, as the judge seemed very bias'd toward my grandmother from the start. She made statements along the lines of my grandmother not knowing what she was doing (well obviously not). She also seemed to argue the defense's case more than the defense's council. Often times objecting on the defense's behalf, and talking down toward my grandmothers witnesses as if they were doing things wrong (made them look stupid).
I'm wondering what we can do now at this stage.
Could we refile? What are likely problems that will arise if we do refile?
Could we make an appeal of some sort, or get the witness list amended to include the officer? I've tried finding forms to amend a witness list without any luck.
She definitely didn't get a fair trial, so there must be something we can do. I'm pretty disgusted that the law doesn't protect regular non-lawyer citizens from being tossed about in the legal system like headless chickens..
Thanks for any help.