Your truck hit his air conditioning unit. Did you see who was driving the truck?
The young lady beside him.
Somebody was driving the truck.
My son.
I don't know why you would say my son was driving,
unless she doesn't have a driver's license.
- You have a driver's license? - I do not.
There you go!
[announcer] This is Judy Justice.
[announcer] Robert Ritter is suing homeowners
Jeff McNally and Angela Klingenburg, for property damage.
[bailiff] Court come to order, all rise.
Have a seat, please.
Hello Judge, case 2164, Ritter vs. McNally, Klingenburg.
- Thank you. - You're welcome
- Mr. Ritter, you own a piece of property? - That is correct, Your Honor.
- And it's a residential piece of property? - That is correct.
And you use it as a business?
That is correct.
- I would assume that this is your tenant. - That is correct.
Perfect!
Could you stand up next to Mr. Ritter, what is your last name?
- Mason. - Mason.
These are your neighbors across the street?
- Yes. - I stood side-by-side.
So you're side-by-side not across the street?
I live across the street.
Now, there came a time Ms. Mason,
That you heard something that was unusual.
Can you describe what you saw?
I was startled by the sound of a big thud,
and my dog freaking out, and ran to the window.
And so I jumped up, ran to the window,
where the dog, as well, was running toward, and looked out the window
And seeing the truck that had just hit the air conditioning unit.
- Can you describe the truck? - White truck, pick-up.
- Had you seen that car before? - Yes, in the driveway next door to me.
- So in his driveway? - Yes.
- Did you see who was driving the truck? - I did.
- Was it Mr. McNally? - It was not.
- Who was it? - The young lady beside him.
- Ms. Klingenburg? - Yes.
When you looked outside what did you see the truck do next?
As I looked out the window and made eye contact, I'd seen...
- With her? - Yes, I'd seen Jeff at the backend
of the truck right by the AC unit, kind of backing her off a little bit,
- Kind of gave her a raised hand. - So he was out there as well?
Yes, positioned behind the truck.
- What did you do? - Well, I jumped up, and then I ran and
actually grabbed my phone to take pictures because
I did not want to be responsible for what just happened to the air conditioning unit
because I could tell it had been moved and hit.
- Do you have those photographs? - I did send those to Bob,
He has pictures of those.
- Kevin. - Yes?
Want to get them?
I immediately texted Bob as well, letting him know.
So that day, the 20th of August, you went and took photographs of the truck?
Yes, ma'am, and the yard, and the air conditioning unit.
Okay.
- Mr. McNally? - Yes, Your Honor.
Where had you been camping?
We were camping in a place called McCall, Idaho.
Aside from you and Ms. Klingenburg, who was there?
My son.
See how easy this is?
[laughing]
It's gonna get easier, do you understand?
[laughing]
- Okay, now is this your girlfriend? - Yes.
Okay, so now we got that clear. This is your girlfriend,
you and your girlfriend were camping,
your son was with you and what you were doing that day was.
You were trying to unload the truck with the camping gear, correct?
- Correct. - Is the camping gear heavy?
- Yes. - So, somebody was driving the truck,
amd somebody was schlepping the stuff out of the truck to put it away, right?
- Correct. - Now, Mr. McNally,
you don't want me to believe...
That either you or... stand up, stand up.
Or this guy were just twiddling your thumbs and you backed up the truck,
so that you left Ms. Klingenburg to empty the truck, right?
- You don't want me to believe that. - No.
Because that wouldn't be true, and that would be foolish,
and that would make you certainly unchivalrous.
- Right? - Correct Your Honor.
Okay. So when you were first confronted with this,
you said oh my girlfriend wasn't driving, right?
- Right. - So let's get it straight now.
Because that's what you wrote here in your answer.
"My girlfriend wasn't driving, my son was driving."
That's not true! I don't know why you would
choose to say my son was driving, not my girlfriend.
Unless she doesn't have a driver's license because otherwise there'd be no difference
whether your truck was being driven by you, or your son, or your girlfriend.
Do you understand? No difference.
Your truck being driven with you around hit his air conditioning unit.
So what difference does it make? You have a driver's license?
- I do not. - There you go!
Perfect!
- I was not driving Your Honor. - Yes, you were!
Yes, you were. You were driving... and he says you were.
You see, and he says you... Just a second.
You didn't see his face just now. He says you were.
Now how did I know you didn't have a driver's license?
- Do you have a driver's license? Yes! - Yes, Your Honor.
But how did I know you didn't?
Where do you think I got that from?
- We were all... - I got that from common sense.
Because Mr. McNally doesn't look like a stupid man.
And there would be really no difference if he drove the car,
you drove the car, the son drove the car. The car, his car caused damage.
But in order to perhaps have insurance cover it,
if he had insurance on the truck. Do you?
My insurance has actually lapsed.
Okay, it really didn't make any difference,
if you had no insurance you could've said she was driving.
But, didn't think that far.
Okay, that's why we're here. We're here because you let
an unlicensed driver, drive your truck.
That was uninsured, that you took on a camping trip.
- Is this coming together for me? - It's close.
So, now we've got that straight, right?
The next thing we have to take care of are the damages.
I see that the outer part
of this air conditioning unit was definitely hit.
Now the outside is merely a cover so
I need some evidence that this damage
that he caused, while she was driving
damaged the mechanism of the air conditioner, because you
replaced the unit and you want him to be responsible for the unit, right?
That is correct, Your Honor.
I have to see a photograph because I don't have this photograph of the inside
of this, I just have the photograph of the cover.
I do not have the inside, but I do have from two
HVAC companies that did go out to service it.
One that did the replacement, the other that came out, second opinion.
- As Jeff had asked us to do, which we did. - Okay, I'd like to see it.
This will be the second, and this is the actual invoice for payment.
Oh, this is the second opinion.
This says "Second opinion call.
4 year old Goodman air conditioning unit has been backed into.
The unit has permanent damage
to the condenser coil." Oh, well that's the unit itself, that's just not
the lipstick on it, that's the guts of it.
This says "Immediate repair, replace condenser coil and damaged panels
-$3961." - Correct.
"Replacing the unit instead may be an option to consider."
And to do the whole job, what did he want $5000?
The other side, $3450 to replace the identical unit.
- It was less money to replace it... - [Judy] Than to repair.
- Correct. - Okay.
- Do you understand that now? - Yeah.
- Okay. - Thank you, Your Honor.
So, based upon your request he got a second opinion,
second opinion was for more money to repair.
He chose the lesser of the two which is to replace the unit.
The ball is in your court, sir.
- Garrett was actually driving. - I don't believe it.
You've had some time to reprocess it all.
You would've had the boy, that's what you raised him for, strong boys.
You wouldn't have said well you just sit in the car while my girlfriend unloads it.
Take the hair out of your eyes, so I can see your eyes.
Perfect!
[announcer] And later today.
I want to know how much you received from the insurance company.
$874.53
Then can you tell me...
"I had a check from the insurance company
which was a little over $1300 from their appraisal."
No, that's incorrect.
Well that's what you wrote madam, that's your signature that's what you wrote.
[announcer] Robert Ritter, claims homeowners,
Jeff McNally and Angela Klingenburg owe for property damage
after hitting his air conditioner.
Your car, uninsured as it was, driven by your girlfriend damaged his property.
Why don't you think that you're responsible for it?
I don't believe we hit it.
The damage is on your truck, sir. There's a picture of your truck here.
You want to see it? Oh, you don't have to see it.
You'd be better off just saying you know what I don't have the money.
You'd be better off just saying because we started out wrong.
You and I Mr. McNally.
And the wrong started off was "Claimed his son was driving."
Even though Regina clearly saw his girlfriend.
Okay, so that was a... fib here.
Actually, Your Honor if I may. There was just one front seat, a bench seat.
and she was sitting in the middle and Garrett was actually driving.
I don't believe it. Sir, you've had some time to reprocess it all.
That's not true. She was driving, because if you were unloading the truck
you would've had the boy, that's what you raised him for, strong boys.
You wouldn't have said well you just sit in the car while my girlfriend unloads it.
You wouldn't have said that. Put your hand down.
Take the hair out of your eyes, so I can see your eyes.
Perfect, thank you.
Judgment for the plaintiff in the amount of $3800.
It's not a good idea, Mr. McNally, to show your son that it's the right thing to do,
not to tell the truth. That's a very good lesson that
parents should teach their children right from the get-go.
And accepting responsibility for what was clearly an accident.
I mean, she didn't mean to back into his air conditioner.
- Right? - Right.
It happens, it was an accident. That's why they don't call it an on purpose.
It was an accident.
But once you have an accident you have to accept responsibility.
That's what you want to teach him.
And if he lifts his hair, he'll be able to see and be able to hear better.
[laughing] We're done.
- Thank you. - This court is adjourned.
We were all sitting in the front of the bench seat, so I was in the middle
and I think when she initially came out she saw me sitting in the truck,
but maybe she assumed I was sitting in the driver's seat, but I wasn't.
Nope, my vision was great that day. It did make me jump,
and my dog was freaking out, so I definitely knew something hit the house.
I told him that my son and I were emptying firewood,
and that he may have hit his AC unit.
It's just sad, you know, that they had to do that.
And that the young man had to be involved when he really didn't do it.
That case is a great demonstration of how being well
prepared and doing the right thing
can make the justice system work for you in the right way.
He had all of his evidence
laid out exactly how he needed to present it to you
and he had the damage evidence, he had the photographs.
And he did the right thing. He didn't try and get a whole new unit
for the $5000, he said
I'll get the two estimates if that's what you want me to do.
So, it just shows how being prepared and having all of your ducks in a row
can really benefit you, when you come into a court system.
But, my problem was telling the lie...
after you've sworn to tell the truth in front of his son.
Because those things remain embedded in your children.
You wanna be a good parent
the first thing you have to teach your children is to be honest.
And, if he sees that his father and the father's girlfriend are dishonest.
That will become part of his fabric. That's a mistake.
- So... - I agree.
I think you are correct that it was a good lesson in preparing a case
- that made it easier to try. - True.
Case 2171, Cosby vs. Warren. All parties please step forward.
[announcer] Sheliya Cosby is suing mechanic,
Kevin Warren for the repair cost of a car and lost wages.
Okay, Ms. Cosby.
According to your complaint you
parked your car near your home on a side street.
You came out the next day and you found your car vandalized.
- Car was a 2017 Hyundai Elantra. - Correct.
- Did you buy the car new or used? - Used.
And how much did you pay for the car?
I put a down payment of $13... 50 I believe, $1,350.
- So you financed the whole thing? - Yes.
And you have to have insurance on your car, you have to have
liability, collision, all that other good stuff because you have a loan.
- Right. - and you did have insurance.
Now, you came out you looked at your car and it was vandalized.
- What was wrong with it? - The back window was shattered,
and along the side passenger
top quarter panel, back passenger door, and the passenger mirror
- it was shot. - You have photographs of it?
- Yes... - I'd like to see.
Right here.
Okay. Did you notify your insurance company?
- I did. - On what date?
The same exact date, which was July 22nd,
is when I came out and found my car vandalized.
I submitted a police report, I have that right here.
I'd like to take a look at it, please.
And, um...
Okay, nothing with nothing.
Okay, so you told the police about it on the 22nd.
- Yes. - And when did you bring it in for
- the defendant to take a look at it? - That was August 18th.
- She brought the car to you in August? - Yes.
And how long have you been in the auto repair business?
- Sixteen years. - So, you've dealt with
- insurance adjusters before? - Yes.
And did you make the appointment for the
insurance adjuster to come and look at the car?
They never came to look at it.
Sometimes they just have me submit photos if they don't have
anyone in the field to come look at the vehicle.
Okay, now when the plaintiff
came in and brought you the car, did you have a discussion with her?
- Yes I did. - And I want you to tell me,
the best of your recollection, what she told you, and what you told her.
Okay, like she said, she brought me the vehicle on August 19th.
and she told me she took it from another shop, she had a problem with another shop
- getting the repairs done. - Tell me what kind of
problem you had with the other shop?
It was no problems with the other shops besides
they didn't want to do the estimate on it.
And told me to talk to my insurance about it.
And my insurance told me to find my own shop.
- And that's when I found him. - Just a second.
Did your insurance company send you to the first shop that you went to?
- Yes. - And...
for some reason that first body shop was unsatisfactory... to you.
So, you took it to the defendant. This is what the story is.
The story is, the defendant still has your car, right?
And he's keeping your car because he says you didn't pay for the repairs.
It's your position that you gave him the entire check from the insurance company.
Is that your position? Speak!
Be very careful what you tell me.
This is how her car looked when she brought it to me.
Ms. Cosby, I have a feeling that you're not going to like the outcome of this.
Oh, no I'm legit all the way around, so...
- Really? Shh, just a second! - Those are the afterward pictures.
- Hustler! Hustler! - It's not a hustle at all, ma'am.
Absolutely a hustle.
[announcer] Sheliya Cosby claims,
mechanic Kevin Warren owes for the repair cost of a car and lost wages.
The insurance check went to you?
- Correct. - To cover the damage to the car?
- Correct. - I'd like to see the check
receipt that you received from the insurance company.
Look, we're gonna have trouble with each other, madam.
Do you understand? This isn't the only check you got from the insurance company.
If you're talking about a check in 2020, that has no relevance
to 2022 vandalism check.
I want to know how much you received from the insurance company.
-$874.53 - Then can you tell me
"I had a check from the insurance company, which was a little
over $1300 from their appraisal."
- No, that's incorrect. - Well that's what you wrote, madam.
That's what you wrote. That's your signature, that's what you wrote.
I see the paper.
The totaling was $1374.53.
I didn't receive a full $1374.53 check from
my insurance, I received $874.53.
And had to pay my deductible of $500.
When you brought your car into Mr. Warren,
- tell me what the conversation was. - Before I got to him,
I let him know what was going on, what I was going through--
No! Not "let him know." I asked you what you said to him
and what he said to you. First of all, you didn't like
the first place that the insurance company sent you to, I don't know why.
All I know is when you're dealing with this kind of thing,
everybody's trying to make a little bit extra.
And it's been my experience, and maybe I'm wrong.
That when you have a little accident, you take your car into a body shop,
very often if that's their business.
They say this is what you want fixed, this is what the damage was,
and the person who runs the body shop, or the owner of the body shop
will say to you "I'll take whatever the insurance is, I'll work with the adjuster.
That's what they usually do, correct, sir?
- Yes. - Yes, and in this case,
- is that what happened? - No.
Is what I'm asking you, because
your complaint is that he has your car, won't give it back because he's put
a mechanic's lien on it, because he says
that he did $6000 worth of work on the car.
He did work that was not approved by me or my insurance.
I'm just telling you that's what he says, he did $6000 worth of work on the car.
- Okay. - Okay.
But, I have to tell you Mr. Warren, that has been my experience and I'm very old.
That when you take a car in, that's been in an accident,
that they say you know what, I'll work with your insurance company.
And we all know what that means.
That means that whatever your insurance company gives you,
they'll send me the check.
That will be what I'm going to accept for the work.
Now what you're suggesting is that she
authorized you to do $6000 worth of work.
And you didn't speak to the insurance company?
I spoke with them plenty of times.
Oh, what did they tell you that they were sending her?
- I have it here. - I'd like to see it.
- I have three estimates here-- - No, no, I want to see
- from the insurance company-- - No, they're the insurance company
estimates, not mine.
- I'd like to see it. - Here's the first one like she said...
When she first brought her car to me she had this one already for $873.
So then what we do when we see more damage we put what you call a supplement in.
So I put a supplement in, and that's when they told me she has two claims.
She has a claim for the auto body damage, and a claim for the vandalism.
The $874 is for the vandalism.
If you look at these other two estimates, it's a totally different claim number
- that she put the claim in for. - May I see it, please?
- Oh. - So these other two
are for the auto body portion.
- Not for the vandalism? - No, it's two different claims.
When she brought you the car, was there body damage on the car?
Absolutely. This is how the car looked when she brought it in.
I'm not just talking about the... can I see, please?
This is how her car looked when she brought it to me.
Ms. Cosby, I have a feeling that you're not going to like the outcome of this.
- No, I'm legit all the way around, so... - Oh, really?
- Those are the afterward... - Just a second... just a second.
This car was in a bad accident.
- Yes, correct in 2020... - This car was in a bad acc--Hey!
This car was in a bad accident shortly after you got it.
- Correct. - Right, and you got a check from
the insurance company to fix this.
How much was the check that you got from the insurance company to fix this?
The totaling amount I'm not sure, but I think it was like $2001 or $2002.
- And you didn't have it fixed? - No one wanted to fix it.
- Well he fixed it... just a second - So I...
- Hey, Ms. Cosby, he fixed it! - Mhm.
- Without my approval. - What did you do with the $2000?
Oh, I paid my own personal bills, because no one wanted to fix the car so...
- I have to keep living. - Your case is dismissed.
Okay.
How's that? Your case... Hustler!
- Oh, it's not a hustle at all, ma'am. - Hustler, hustler.
Absolutely... absolutely a hustle.
That's fine. That's your personal belief, that's fine.
Because you had an accident in 2020. You got a check from the insurance company to
fix it. I don't know how much that check was,
because you don't have a copy of that check.
You brought the car into him and said "Now I have a broken back window."
I have a feeling, and I know it's only a feeling but,
this is my program so I can vent that feeling.
That you went to the first place to fix the car and you said to them
"I want you to fix the front and the back." and they said "No."
That was for something else, you already got paid for that.
That's incorrect they didn't want to do an estimate altogether.
- Yeah I don't believe you. - You don't have to.
I don't... Well, I don't.
- You don't have to. - That's why your case is dismissed.
That's fine.
Now I'm getting to your counterclaim.
Because you put a mechanic's lien on the car?
- Yes, I have it here. - Great, so...
You've got a mechanic's lien on it. She can't sell it.
I'm not giving it back to her. I'm not ordering it back to her.
You have the car?
- Yes. - Sell it!
I need that signature on that paper to be able to do so.
- From whom? - From her.
- Or you can sign it, just the same, - I can't--
To turn over... that says she has no more interest in the car.
She does have an interest in the car. It's got a lien on it, sir.
- Absolutely. - You're gonna have to pay off this note.
Do you understand? I don't think you're gonna be able to get the money
after you pay off the note.
- But you fixed the car... - Absolutely, I did.
I think that you're entitled to money for fixing the car on your counterclaim.
She's going to pay, on your counterclaim.
Because I'm not sure whether you're gonna be able to get any money on this car.
I don't know what's gonna happen with this car,
I'm just not returning it to her.
- Do you understand? - Yeah.
I'm going to try to make you as close to whole as you can be.
Because I think what happened to you was a hustle.
That's what I think. Usually... usually I don't side with mechanics.
[laughing]
It's... It's just... It's just been my experience.
- But I think that this is a hustle. - I'm glad you changed today.
$3800 judgment for the defendant on the counterclaim. Thank you very much.
- This court is adjourned, - We're done.
I appreciate her decision. I believe she ruled the right decision,
because I brought all my paperwork and there wasn't another way to rule it.
She said she wanted me to help her get her car fixed and that she was gonna
get the insurance and pay me like she was supposed to do, but
I guess when she got the money she changed her mind. All mechanics aren't bad.
- That was a surprise, for me. - That was.
Did not think it was gonna go that way when we reviewed it earlier.
When we talked about it, I looked at it, and we spoke about it I said ya know,
sort of using my life's history.
Take the car in, don't worry, I'll work with the insurance company.
Does a little bit more work, the insurance company sends a check for a little less.
But he wasn't at fault, she was the hustler.
He wasn't trying to make an extra quick buck
like a lot of mechanics that we've seen.
- He did the work. - No, he did the work.
She... she didn't bring the car in there just for the...
back windshield...
it's a hustle.
It seemed that way, as soon as somebody says...
"Oh, that thing from then has nothing to do why we're here now."
- Immediate red flag. - Bing!
Anyway, I'm glad that worked out.
- Me too. I'm glad you gave him the money. - She's not gonna get...
And she's not gonna get her car... Perfect!
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