Is there any chance of winning this case?

[non-ditzyblonde]

Wow! Thanks for all the, errr, legal advice, rmet4kxnz. Reminds me of a wonderful Hallmark moment I shared with my mom once. I ran home from school because I was so excited to tell her some great news.

"Mommy, mommy!" I said. "Today we were practicing the alphabet and no one else could go past 'R.' But I made it all the way to 'W.' Is that because I'm blonde?"

"It sure is, sweetheart" she said.

"And mommy- then we were counting, and the highest anyone could count was 79! But I counted to 96! Is that because I'm blonde, mommy?"

"That's right, dear," she said.

"And then later in gym, I saw that everyone else had flat chests, but my chest was really big! Is that because I'm blonde, mommy?"

"No, that's because you're 26," she said.

-----o-----

Okay, one more try:

You walk out of a restaurant and the delivery guy has left his hand truck tipped over by the front steps. It is visible, but you're walking out with other people and fail to see it. You fall. Does the delivery guy have any liability here?

Thanks all.

 

[rmet4nzkx]

Wow! Thanks for all the, errr, legal advice, rmet4kxnz. Reminds me of a wonderful Hallmark moment I shared with my mom once. I ran home from school because I was so excited to tell her some great news.

"Mommy, mommy!" I said. "Today we were practicing the alphabet and no one else could go past 'R.' But I made it all the way to 'W.' Is that because I'm blonde?"

"It sure is, sweetheart" she said.

"And mommy- then we were counting, and the highest anyone could count was 79! But I counted to 96! Is that because I'm blonde, mommy?"

"That's right, dear," she said.

"And then later in gym, I saw that everyone else had flat chests, but my chest was really big! Is that because I'm blonde, mommy?"

"No, that's because you're 26," she said.

-----o-----

Okay, one more try:

You walk out of a restaurant and the delivery guy has left his hand truck tipped over by the front steps. It is visible, but you're walking out with other people and fail to see it. You fall. Does the delivery guy have any liability here?

Thanks all.

You are welcome!
Was he blonde?

If you are comparing the two situations, don't, they are different.

Be content that you have something on your sister, it is your sister?

 

[non-ditzyblonde]

Thanks again, non-arborist!

It is my sister who was involved, by the way.

So let me see if I (finally) understand this:

If you back out of your driveway and hit a parked vehicle, you are solely responsible for any damages caused to either party. Zero exceptions. No partial liability involved. Ever. Is this your assertion? Don't make me cite Roadrunner v. Acme Towing Inc. to dispute your argument

This is all very interesting.

 

[rmet4nzkx]

Thanks again, non-arborist!

It is my sister who was involved, by the way.

So let me see if I (finally) understand this:

If you back out of your driveway and hit a parked vehicle, you are solely responsible for any damages caused to either party. Zero exceptions. No partial liability involved. Ever. Is this your assertion? Don't make me cite Roadrunner v. Acme Towing Inc. to dispute your argument

This is all very interesting.

Indeed.

You asked a question re California law, we answered your question based on CA law and the facts you provided.

Now you want to cite a case from Arizona Revised Statutes charging misconduct involving aggravated and or multiple violations of explosive devices;
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13
Roadrunner v. Acme Towing.
Unon research, there is no Roadrunner v. Acme Towing.
I understand and am informed that the case was dismised as the petitioner was serving time for MALICIOUS MISCHIEF - This expression is applied to the wanton or reckless destruction of property, and the wilful perpetration of injury to the person and multiple weapons charges.

 

[Happy Trails]

Meep meep!

http://todd.macshare.com/august03/august03-Pages/Image12.html

 

[non-ditzyblonde]

rmet4nzkx,

I believe the key point in Roadrunner v. Acme Towing was that a coyote who purposely and with intent to injure places vehicles laden with dynamite in the likely path of a roadrunner's everyday travels is in fact liable for any and all damages caused even if said roadrunner was backing out of its driveway and should have seen and avoided the vehicle.

I realize that this is a rather thin thread to hang my hat on, but I'm sticking to it

----o-----

In all seriousness, I do appreciate your response to the original question. It did, however, beg many other questions- questions which I seem unable to stop begging for answers to.

To reiterate:

You back out of your driveway and hit a parked vehicle. A part of this vehicle is in your driveway. You are solely responsible for any damage caused to either party. The driver of the parked vehicle is not liable, negligent or responsible for any damages.

True or False?

Thank you for putting up with these incessant questions. I'm honestly quite intrigued by this point of law.

 

[rmet4nzkx]

rmet4nzkx,

I believe the key point in Roadrunner v. Acme Towing was that a coyote who purposely and with intent to injure places vehicles laden with dynamite in the likely path of a roadrunner's everyday travels is in fact liable for any and all damages caused even if said roadrunner was backing out of its driveway and should have seen and avoided the vehicle.

I realize that this is a rather thin thread to hang my hat on, but I'm sticking to it

----o-----

In all seriousness, I do appreciate your response to the original question. It did, however, beg many other questions- questions which I seem unable to stop begging for answers to.

To reiterate:

You back out of your driveway and hit a parked vehicle. A part of this vehicle is in your driveway. You are solely responsible for any damage caused to either party. The driver of the parked vehicle is not liable, negligent or responsible for any damages.

True or False?

Thank you for putting up with these incessant questions. I'm honestly quite intrigued by this point of law.

US LAWS ONLY! NOT TERRITORIAL OR TRIBAL LAWS!

You are leaving out several important facts in your question which gave your sister several viable options.
1. The vehicle was parked in the street, not in the driveway.
2. The vehicle was parked for a few minutes making a delivery.
3. The vehicle was parked on the side of the street that was devoid of all cars due to street cleaning.
4. Driveways are wider than the vehicles so there should have been room to exit safely even if part of the driveway was blocked.

Your turn, what are the options besides slamming into a BIG delivery truck?

 

[Happy Trails]

Are you saying the driver of the "big truck" parked his truck there on purpose and with intent to injure?

.

 

[Rushia]

Hey Rmet, here are a few more for you. These were my fathers favs.

How do you put a twinkle in a blondes eyes?
Shine a flashlight in her ear.

What do blondes think cheerios are?
Doughnut seeds.

How do you drown a blonde?
Put a mirror at the bottom of the pool.
OR Put a scratch and sniff sticker at the bottom of the pool.

 

[rmet4nzkx]

Hey Rmet, here are a few more for you. These were my fathers favs.

How do you put a twinkle in a blondes eyes?
Shine a flashlight in her ear.

What do blondes think cheerios are?
Doughnut seeds.

How do you drown a blonde?
Put a mirror at the bottom of the pool.
OR Put a scratch and sniff sticker at the bottom of the pool.

Those were on the loooooooooooong list of blonde jokes from BYU of all places, I edited those out

 

[Rushia]

Those were on the loooooooooooong list of blonde jokes from BYU of all places, I edited those out

My dad heard those when I was an early teen, and as all four of his daughters had white-blonde hair, he thought they were the funniest things that he ever heard. My one sister, third in line, is the typical "dumb blonde".

 

[Smatchet]

How can you tell if a blonde has been using your lawnmower?
The green WELCOME mat is ripped all to shreds.

LOL!! I ran over my own welcome mat a few weeks ago--and I'm a redhead. Apparently I have a blonde streak.

 

[rmet4nzkx]

My dad heard those when I was an early teen, and as all four of his daughters had white-blonde hair, he thought they were the funniest things that he ever heard. My one sister, third in line, is the typical "dumb blonde".

We were all toeheads as children, luckily I grew out of it Some on the list were real bad.

 

[Rushia]

LOL!! I ran over my own welcome mat a few weeks ago--and I'm a redhead. Apparently I have a blonde streak.

ROTFLMAO!!! You're silly. Don't worry, even though I too am a redhead (changed color when I got preggo), I STILL have some blonde days.

 

[Rushia]

We were all toeheads as children, luckily I grew out of it Some on the list were real bad.

Mine stayed that white blonde until I got preggo with my son, and then it darkened up. With my daughter it got worse. It has now settled into a strawberry blonde. Now that I am about to hit 30, the grey streaks are starting to creep in. sighhhhh, 30, o well!