Aloha Again!...Advice?

[hawaiianmark]

Aloha, just wondering if the knowledgeable ones out there have any advice as i head into the meat of my arbitration. I am the def. in a suit that blames me for the alledged tort of my son. The complaint states the hawaii statute 577-3 that says a parent is responsible for the torts of a child. i am trying to defend my family on the basis that i owe the Plaint. no duty, being that i have taken reasonable care to control and monitor my son, specifics: Plaint. son was at a party at the beach when persons damaged his car. My son was at the party, along with the other family named as def.'s son. other def. son is a bad egg. other def. son is named in numerous torts that my son is not named in. These torts are related to the incident at the beach. My son has related that he did not damage Plaint. car. Plait. sons have told my son that they know he did not do it, but because dad is a lawyer, they can do nothing about it. I am banking that i can show that they are bias, and that as a result of the car damage, have gained a newer, better car. Witness of both parties, i feel will cancel each others testimony out. These are high school students i think that the arbitrator will be forced to decide on the merits of whether or not i owed the plait. a duty or not. i have wit. to say my son did not do it, but the plint. may have wit. to say opposite. as i am a pro se, is there any advice on quest. to plaint. sons, or his potential witness? I have spent over 10 months learning what i can on how to defend myself, from nolo press to searching the law libraries here. any and all thoughts are appreciated d-day is aug. 24... my statement is due aug 10. Aloha hope anyone out there can help Thanx!!! HawaiianMark....

 

[lawrat]

I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

Well, let me tell you I don't agree with this Hawaii law. Okay, I read the statute. Your only hope based on another statute is to prove he is innocent. that is it.

Perhaps you want to seek some free advice from a licensed atty in your state. have you thought about seeing whether Hawaii has a legal aid foundation. Call the hawaii bar association and ask to be reffered to a free family law organization. I am sure they can help you with the case.

Hope this helps.

 

[hawaiianmark]

Lawrat, thanx again for the input. i do not agree with the statute either but hey what the heck do i know! I figured all i got is having to prove innocence, BUT i do feel i have made good impressions with the arbitrator, and i feel this will be of some benefit. The testimony Q & A is where i feel i will most likely be intimidated, and in that sense, vulnerable. when and where to object will not be a strong point for me, but i am doing the best i can to prepare. Alot of work has gone into this on my part and i believe the arbitrator has this in mind. I am not that naive to think that this will win the case but I know you cant unring a bell! ( the other two parties have been agumenative in pre-arb hearings, etc. as well as late to scheduled meetings... Hey a good first impression cant hurt! What do you think of the canceling out of testimony? the he said she said, idea? i was thinking that my adversary also may hope that i or my witness will be naming the other family as the responsible party, but i feel that if i just state my version, it will be seen in a better light...( I wont be pointing fingers, and i wont be helping the plait. with his case, either!) Soooo it goes .. again, I thank you for your time and the info sent my way...stay safe, Aloha Hawaiianmark....

 

[hawaiianmark]

Hey if anyone wants to give advice, be my guest any and all thoughts are welcome... aloha!!!

 

[hawaiianmark]

Aloha again! I have a hard time beliving that none of the inquiring minds out there have no input on this... IAAL , come on now there has got to be the most able minds out there that can advise... dont be afraid to take a dip in the water!... any how ... aloha for now hawaiianmark...