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00:00:00,333 --> 00:00:05,033
{\an8}Your truck hit his air conditioning unit.
Did you see who was driving the truck?
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00:00:05,033 --> 00:00:06,333
The young lady beside him.
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00:00:07,734 --> 00:00:09,300
Somebody was driving the truck.
4
00:00:09,300 --> 00:00:10,367
My son.
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00:00:10,900 --> 00:00:14,934
I don't know why you would
say my son was driving,
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00:00:14,934 --> 00:00:17,100
unless she doesn't have
a driver's license.
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00:00:17,100 --> 00:00:18,900
- You have a driver's license?
- I do not.
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00:00:18,900 --> 00:00:20,100
There you go!
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00:00:20,100 --> 00:00:22,734
[announcer]
This is Judy Justice.
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00:00:39,834 --> 00:00:42,633
{\an8}[announcer]
Robert Ritter is suing homeowners
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00:00:42,633 --> 00:00:47,000
{\an8}Jeff McNally and Angela Klingenburg,
for property damage.
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[bailiff]
Court come to order, all rise.
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00:00:51,100 --> 00:00:52,100
Have a seat, please.
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00:00:53,300 --> 00:00:57,300
Hello Judge, case 2164,
Ritter vs. McNally, Klingenburg.
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00:00:57,867 --> 00:00:58,867
- Thank you.
- You're welcome
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00:01:01,000 --> 00:01:04,500
{\an8}- Mr. Ritter, you own a piece of property?
- That is correct, Your Honor.
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00:01:04,500 --> 00:01:07,633
{\an8}- And it's a residential piece of property?
- That is correct.
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00:01:07,633 --> 00:01:09,100
And you use it as a business?
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00:01:09,100 --> 00:01:10,166
That is correct.
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00:01:10,166 --> 00:01:13,734
- I would assume that this is your tenant.
- That is correct.
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00:01:13,734 --> 00:01:14,867
Perfect!
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00:01:15,667 --> 00:01:18,333
Could you stand up next to Mr. Ritter,
what is your last name?
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00:01:18,333 --> 00:01:19,734
- Mason.
- Mason.
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These are your neighbors
across the street?
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00:01:23,066 --> 00:01:25,834
- Yes.
- I stood side-by-side.
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So you're side-by-side
not across the street?
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I live across the street.
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00:01:29,100 --> 00:01:31,600
{\an8}Now, there came
a time Ms. Mason,
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00:01:31,600 --> 00:01:35,467
{\an8}That you heard something
that was unusual.
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00:01:35,467 --> 00:01:38,000
Can you describe what you saw?
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00:01:38,000 --> 00:01:40,133
I was startled by the
sound of a big thud,
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00:01:40,133 --> 00:01:42,367
and my dog freaking out,
and ran to the window.
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00:01:42,367 --> 00:01:44,667
And so I jumped up,
ran to the window,
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00:01:44,667 --> 00:01:47,734
where the dog, as well, was running
toward, and looked out the window
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00:01:47,734 --> 00:01:51,400
{\an8}And seeing the truck that had just
hit the air conditioning unit.
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00:01:51,400 --> 00:01:54,300
- Can you describe the truck?
- White truck, pick-up.
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00:01:54,300 --> 00:01:57,166
- Had you seen that car before?
- Yes, in the driveway next door to me.
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00:01:57,166 --> 00:01:58,734
- So in his driveway?
- Yes.
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00:01:58,734 --> 00:02:01,200
- Did you see who was driving the truck?
- I did.
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00:02:01,200 --> 00:02:03,066
- Was it Mr. McNally?
- It was not.
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00:02:03,066 --> 00:02:05,033
- Who was it?
- The young lady beside him.
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00:02:05,033 --> 00:02:07,300
- Ms. Klingenburg?
- Yes.
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00:02:07,300 --> 00:02:10,467
When you looked outside what
did you see the truck do next?
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00:02:10,467 --> 00:02:13,233
As I looked out the window
and made eye contact, I'd seen...
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00:02:13,233 --> 00:02:16,166
- With her?
- Yes, I'd seen Jeff at the backend
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00:02:16,166 --> 00:02:19,400
{\an8}of the truck right by the AC unit,
kind of backing her off a little bit,
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00:02:19,400 --> 00:02:22,333
{\an8}- Kind of gave her a raised hand.
- So he was out there as well?
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00:02:22,333 --> 00:02:24,166
Yes, positioned behind the truck.
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00:02:24,166 --> 00:02:27,467
- What did you do?
- Well, I jumped up, and then I ran and
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00:02:27,467 --> 00:02:30,200
actually grabbed my phone
to take pictures because
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I did not want to be responsible for what
just happened to the air conditioning unit
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00:02:33,567 --> 00:02:35,400
because I could tell it had
been moved and hit.
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00:02:35,400 --> 00:02:38,300
- Do you have those photographs?
- I did send those to Bob,
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He has pictures of those.
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00:02:39,834 --> 00:02:40,834
- Kevin.
- Yes?
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00:02:40,834 --> 00:02:41,900
Want to get them?
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00:02:41,900 --> 00:02:44,300
I immediately texted Bob
as well, letting him know.
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00:02:44,300 --> 00:02:48,800
So that day, the 20th of August, you went
and took photographs of the truck?
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00:02:48,800 --> 00:02:51,400
Yes, ma'am, and the yard,
and the air conditioning unit.
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00:02:51,400 --> 00:02:52,467
Okay.
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00:03:00,467 --> 00:03:02,734
- Mr. McNally?
- Yes, Your Honor.
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00:03:02,734 --> 00:03:04,233
Where had you been camping?
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00:03:04,233 --> 00:03:07,500
{\an8}We were camping in a place
called McCall, Idaho.
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00:03:07,500 --> 00:03:10,200
{\an8}Aside from you and Ms. Klingenburg,
who was there?
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00:03:10,200 --> 00:03:11,300
My son.
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00:03:11,300 --> 00:03:12,734
See how easy this is?
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00:03:12,734 --> 00:03:14,133
[laughing]
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00:03:14,133 --> 00:03:17,200
It's gonna get easier,
do you understand?
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00:03:17,200 --> 00:03:18,600
[laughing]
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00:03:18,600 --> 00:03:21,400
- Okay, now is this your girlfriend?
- Yes.
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00:03:21,400 --> 00:03:24,767
Okay, so now we got that clear.
This is your girlfriend,
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00:03:24,767 --> 00:03:26,266
you and your girlfriend
were camping,
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00:03:26,266 --> 00:03:30,533
{\an8}your son was with you
and what you were doing that day was.
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00:03:30,533 --> 00:03:35,400
{\an8}You were trying to unload the truck
with the camping gear, correct?
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00:03:35,400 --> 00:03:37,533
- Correct.
- Is the camping gear heavy?
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00:03:37,533 --> 00:03:41,133
- Yes.
- So, somebody was driving the truck,
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00:03:41,133 --> 00:03:47,133
amd somebody was schlepping the stuff
out of the truck to put it away, right?
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00:03:47,133 --> 00:03:50,000
- Correct.
- Now, Mr. McNally,
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00:03:50,000 --> 00:03:52,633
you don't want me to believe...
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00:03:52,633 --> 00:03:56,734
That either you or... stand up, stand up.
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00:03:57,433 --> 00:04:01,834
Or this guy were just twiddling your
thumbs and you backed up the truck,
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00:04:01,834 --> 00:04:06,300
so that you left Ms. Klingenburg
to empty the truck, right?
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00:04:06,300 --> 00:04:08,100
- You don't want me to believe that.
- No.
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00:04:08,100 --> 00:04:10,834
Because that wouldn't be true, and that
would be foolish,
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00:04:10,834 --> 00:04:13,934
and that would make you
certainly unchivalrous.
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00:04:14,333 --> 00:04:15,467
- Right?
- Correct Your Honor.
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00:04:15,467 --> 00:04:18,767
Okay. So when you were
first confronted with this,
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00:04:18,767 --> 00:04:21,567
you said oh my girlfriend
wasn't driving, right?
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00:04:21,567 --> 00:04:23,567
- Right.
- So let's get it straight now.
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00:04:23,567 --> 00:04:25,433
Because that's what you
wrote here in your answer.
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00:04:25,433 --> 00:04:27,633
"My girlfriend wasn't driving,
my son was driving."
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00:04:27,633 --> 00:04:31,734
That's not true!
I don't know why you would
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00:04:31,734 --> 00:04:35,033
choose to say my son was
driving, not my girlfriend.
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00:04:35,033 --> 00:04:38,800
Unless she doesn't have a driver's license
because otherwise there'd be no difference
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00:04:38,800 --> 00:04:43,667
whether your truck was being driven by
you, or your son, or your girlfriend.
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00:04:43,667 --> 00:04:45,767
Do you understand?
No difference.
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00:04:45,767 --> 00:04:51,667
Your truck being driven with you
around hit his air conditioning unit.
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00:04:51,667 --> 00:04:54,333
So what difference does it make?
You have a driver's license?
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00:04:54,333 --> 00:04:56,300
- I do not.
- There you go!
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00:04:56,300 --> 00:04:57,367
Perfect!
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00:04:58,166 --> 00:05:00,633
{\an8}- I was not driving Your Honor.
- Yes, you were!
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00:05:01,700 --> 00:05:05,033
Yes, you were. You were driving...
and he says you were.
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00:05:05,033 --> 00:05:07,433
You see, and he says you...
Just a second.
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00:05:07,433 --> 00:05:11,166
You didn't see his face just now.
He says you were.
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00:05:11,166 --> 00:05:14,000
Now how did I know you didn't
have a driver's license?
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00:05:14,567 --> 00:05:17,533
- Do you have a driver's license? Yes!
- Yes, Your Honor.
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00:05:18,934 --> 00:05:20,533
But how did I know you didn't?
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00:05:21,700 --> 00:05:23,133
Where do you think I got that from?
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00:05:23,533 --> 00:05:25,667
- We were all...
- I got that from common sense.
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00:05:25,667 --> 00:05:29,600
Because Mr. McNally doesn't
look like a stupid man.
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00:05:30,166 --> 00:05:33,066
And there would be really no
difference if he drove the car,
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00:05:33,066 --> 00:05:37,100
you drove the car, the son drove the car.
The car, his car caused damage.
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00:05:37,100 --> 00:05:41,734
But in order to perhaps
have insurance cover it,
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00:05:41,734 --> 00:05:44,100
if he had insurance
on the truck. Do you?
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00:05:44,100 --> 00:05:46,667
My insurance has actually lapsed.
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00:05:46,667 --> 00:05:49,867
Okay, it really didn't
make any difference,
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00:05:49,867 --> 00:05:53,300
if you had no insurance you
could've said she was driving.
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00:05:54,200 --> 00:05:56,700
But, didn't think that far.
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00:05:56,700 --> 00:05:59,967
Okay, that's why we're here.
We're here because you let
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00:06:00,100 --> 00:06:02,533
an unlicensed driver,
drive your truck.
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00:06:02,533 --> 00:06:05,033
That was uninsured,
that you took on a camping trip.
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00:06:05,033 --> 00:06:07,834
- Is this coming together for me?
- It's close.
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00:06:07,834 --> 00:06:10,934
So, now we've got that straight, right?
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00:06:10,934 --> 00:06:13,900
The next thing we have to
take care of are the damages.
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00:06:13,900 --> 00:06:16,333
I see that the outer part
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00:06:16,900 --> 00:06:20,166
of this air conditioning
unit was definitely hit.
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00:06:20,166 --> 00:06:23,667
Now the outside is
merely a cover so
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00:06:23,667 --> 00:06:27,700
I need some evidence
that this damage
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00:06:27,700 --> 00:06:31,166
that he caused,
while she was driving
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00:06:31,166 --> 00:06:34,633
damaged the mechanism of
the air conditioner, because you
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00:06:34,633 --> 00:06:39,133
replaced the unit and you want him
to be responsible for the unit, right?
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00:06:39,133 --> 00:06:40,200
That is correct, Your Honor.
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00:06:40,200 --> 00:06:44,433
I have to see a photograph because I don't
have this photograph of the inside
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00:06:44,433 --> 00:06:47,767
of this, I just have the
photograph of the cover.
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00:06:47,767 --> 00:06:52,266
I do not have the inside,
but I do have from two
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00:06:52,266 --> 00:06:55,367
HVAC companies that
did go out to service it.
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00:06:55,367 --> 00:06:59,934
One that did the replacement,
the other that came out, second opinion.
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00:07:00,066 --> 00:07:04,567
{\an8}- As Jeff had asked us to do, which we did.
- Okay, I'd like to see it.
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00:07:05,767 --> 00:07:10,333
This will be the second, and this
is the actual invoice for payment.
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00:07:16,133 --> 00:07:18,033
Oh, this is the second opinion.
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00:07:18,033 --> 00:07:20,000
This says "Second opinion call.
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00:07:20,000 --> 00:07:23,233
4 year old Goodman air conditioning unit
has been backed into.
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00:07:23,233 --> 00:07:24,700
The unit has permanent damage
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00:07:24,700 --> 00:07:28,567
to the condenser coil." Oh, well that's
the unit itself, that's just not
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00:07:28,567 --> 00:07:31,467
the lipstick on it,
that's the guts of it.
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00:07:31,467 --> 00:07:36,467
{\an8}This says "Immediate repair, replace
condenser coil and damaged panels
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00:07:36,467 --> 00:07:38,767
{\an8}-$3961."
- Correct.
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00:07:38,767 --> 00:07:44,233
"Replacing the unit instead may
be an option to consider."
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00:07:44,233 --> 00:07:48,400
And to do the whole job,
what did he want $5000?
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00:07:48,400 --> 00:07:52,400
The other side, $3450
to replace the identical unit.
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00:07:52,400 --> 00:07:56,600
- It was less money to replace it...
- [Judy] Than to repair.
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00:07:56,600 --> 00:07:57,767
- Correct.
- Okay.
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00:07:57,767 --> 00:07:59,900
- Do you understand that now?
- Yeah.
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00:07:59,900 --> 00:08:01,300
- Okay.
- Thank you, Your Honor.
155
00:08:01,300 --> 00:08:03,633
So, based upon your request
he got a second opinion,
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00:08:03,633 --> 00:08:06,734
second opinion was
for more money to repair.
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00:08:06,734 --> 00:08:12,467
He chose the lesser of the two
which is to replace the unit.
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00:08:12,467 --> 00:08:14,100
The ball is in your court, sir.
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00:08:17,934 --> 00:08:20,400
{\an8}- Garrett was actually driving.
- I don't believe it.
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00:08:20,400 --> 00:08:22,333
{\an8}You've had some time
to reprocess it all.
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00:08:22,333 --> 00:08:26,633
{\an8}You would've had the boy, that's what
you raised him for, strong boys.
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00:08:26,633 --> 00:08:31,166
{\an8}You wouldn't have said well you just sit
in the car while my girlfriend unloads it.
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00:08:31,166 --> 00:08:33,100
{\an8}Take the hair out of your eyes,
so I can see your eyes.
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00:08:33,100 --> 00:08:34,233
{\an8}Perfect!
165
00:08:34,233 --> 00:08:35,600
[announcer]
And later today.
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00:08:35,600 --> 00:08:38,700
I want to know how much you received
from the insurance company.
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00:08:38,700 --> 00:08:40,133
$874.53
168
00:08:40,133 --> 00:08:41,266
Then can you tell me...
169
00:08:41,266 --> 00:08:44,400
"I had a check from the insurance company
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00:08:44,400 --> 00:08:47,734
which was a little over
$1300 from their appraisal."
171
00:08:47,734 --> 00:08:49,000
No, that's incorrect.
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00:08:49,000 --> 00:08:52,333
{\an8}Well that's what you wrote madam, that's
your signature that's what you wrote.
173
00:09:03,734 --> 00:09:06,100
{\an8}[announcer]
Robert Ritter, claims homeowners,
174
00:09:06,100 --> 00:09:10,400
{\an8}Jeff McNally and Angela Klingenburg
owe for property damage
175
00:09:10,400 --> 00:09:12,867
after hitting his air conditioner.
176
00:09:12,867 --> 00:09:18,834
Your car, uninsured as it was, driven
by your girlfriend damaged his property.
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00:09:18,834 --> 00:09:21,667
{\an8}Why don't you think
that you're responsible for it?
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00:09:21,667 --> 00:09:24,000
{\an8}I don't believe we hit it.
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00:09:24,000 --> 00:09:26,967
The damage is on your truck, sir.
There's a picture of your truck here.
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00:09:26,967 --> 00:09:29,500
You want to see it?
Oh, you don't have to see it.
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00:09:30,100 --> 00:09:33,934
You'd be better off just saying you
know what I don't have the money.
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00:09:34,467 --> 00:09:37,033
You'd be better off just saying
because we started out wrong.
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00:09:37,834 --> 00:09:39,533
You and I Mr. McNally.
184
00:09:39,533 --> 00:09:44,200
{\an8}And the wrong started off was
"Claimed his son was driving."
185
00:09:44,200 --> 00:09:47,033
Even though Regina
clearly saw his girlfriend.
186
00:09:47,033 --> 00:09:49,033
Okay, so that was a... fib here.
187
00:09:49,033 --> 00:09:54,834
Actually, Your Honor if I may. There was
just one front seat, a bench seat.
188
00:09:54,834 --> 00:09:58,633
and she was sitting in the middle
and Garrett was actually driving.
189
00:09:58,633 --> 00:10:02,600
I don't believe it. Sir, you've had
some time to reprocess it all.
190
00:10:02,600 --> 00:10:06,000
That's not true. She was driving,
because if you were unloading the truck
191
00:10:06,000 --> 00:10:10,133
you would've had the boy, that's what
you raised him for, strong boys.
192
00:10:10,133 --> 00:10:14,467
You wouldn't have said well you just sit
in the car while my girlfriend unloads it.
193
00:10:14,467 --> 00:10:16,367
You wouldn't have said that.
Put your hand down.
194
00:10:17,100 --> 00:10:19,367
Take the hair out of your eyes,
so I can see your eyes.
195
00:10:19,367 --> 00:10:21,233
Perfect, thank you.
196
00:10:22,000 --> 00:10:24,667
Judgment for the plaintiff
in the amount of $3800.
197
00:10:24,667 --> 00:10:29,066
It's not a good idea, Mr. McNally, to show
your son that it's the right thing to do,
198
00:10:29,066 --> 00:10:32,100
not to tell the truth.
That's a very good lesson that
199
00:10:32,100 --> 00:10:34,834
parents should teach their children
right from the get-go.
200
00:10:34,834 --> 00:10:39,500
And accepting responsibility for
what was clearly an accident.
201
00:10:39,500 --> 00:10:43,500
I mean, she didn't mean to
back into his air conditioner.
202
00:10:43,500 --> 00:10:44,567
- Right?
- Right.
203
00:10:44,567 --> 00:10:47,700
It happens, it was an accident. That's
why they don't call it an on purpose.
204
00:10:47,700 --> 00:10:48,767
It was an accident.
205
00:10:48,867 --> 00:10:52,100
But once you have an accident you
have to accept responsibility.
206
00:10:52,100 --> 00:10:54,066
That's what you want
to teach him.
207
00:10:54,066 --> 00:10:57,500
And if he lifts his hair, he'll be able
to see and be able to hear better.
208
00:10:57,500 --> 00:10:59,400
[laughing]
We're done.
209
00:10:59,400 --> 00:11:01,367
- Thank you.
- This court is adjourned.
210
00:11:04,266 --> 00:11:07,033
We were all sitting in the front of
the bench seat, so I was in the middle
211
00:11:07,033 --> 00:11:10,633
and I think when she initially came
out she saw me sitting in the truck,
212
00:11:10,633 --> 00:11:13,367
but maybe she assumed I was sitting
in the driver's seat, but I wasn't.
213
00:11:13,367 --> 00:11:16,400
Nope, my vision was great that day.
It did make me jump,
214
00:11:16,400 --> 00:11:19,200
and my dog was freaking out, so I
definitely knew something hit the house.
215
00:11:19,200 --> 00:11:23,667
I told him that my son and
I were emptying firewood,
216
00:11:23,667 --> 00:11:26,934
and that he may have hit his AC unit.
217
00:11:26,934 --> 00:11:29,133
It's just sad, you know,
that they had to do that.
218
00:11:29,133 --> 00:11:31,667
And that the young man had to be
involved when he really didn't do it.
219
00:11:33,200 --> 00:11:35,800
That case is a great
demonstration of how being well
220
00:11:35,800 --> 00:11:37,400
prepared and doing the right thing
221
00:11:37,400 --> 00:11:40,066
can make the justice system work
for you in the right way.
222
00:11:40,066 --> 00:11:41,400
He had all of his evidence
223
00:11:41,400 --> 00:11:44,066
laid out exactly how he
needed to present it to you
224
00:11:44,066 --> 00:11:47,066
and he had the damage evidence,
he had the photographs.
225
00:11:47,066 --> 00:11:49,867
And he did the right thing.
He didn't try and get a whole new unit
226
00:11:49,867 --> 00:11:51,800
for the $5000, he said
227
00:11:51,800 --> 00:11:54,166
I'll get the two estimates if that's
what you want me to do.
228
00:11:54,166 --> 00:11:56,867
So, it just shows how being prepared
and having all of your ducks in a row
229
00:11:56,867 --> 00:11:59,400
can really benefit you, when you
come into a court system.
230
00:11:59,400 --> 00:12:02,667
But, my problem was telling the lie...
231
00:12:03,934 --> 00:12:08,200
after you've sworn to tell the truth
in front of his son.
232
00:12:08,200 --> 00:12:11,367
Because those things remain
embedded in your children.
233
00:12:11,367 --> 00:12:12,800
You wanna be a good parent
234
00:12:12,800 --> 00:12:15,567
the first thing you have to
teach your children is to be honest.
235
00:12:15,967 --> 00:12:20,100
And, if he sees that his father and
the father's girlfriend are dishonest.
236
00:12:20,100 --> 00:12:23,300
That will become part of his fabric.
That's a mistake.
237
00:12:23,300 --> 00:12:24,500
- So...
- I agree.
238
00:12:24,500 --> 00:12:28,033
I think you are correct that it was a
good lesson in preparing a case
239
00:12:28,033 --> 00:12:30,300
- that made it easier to try.
- True.
240
00:12:30,800 --> 00:12:35,467
Case 2171, Cosby vs. Warren.
All parties please step forward.
241
00:12:35,467 --> 00:12:38,300
{\an8}[announcer]
Sheliya Cosby is suing mechanic,
242
00:12:38,300 --> 00:12:42,734
{\an8}Kevin Warren for the repair
cost of a car and lost wages.
243
00:12:42,734 --> 00:12:44,333
Okay, Ms. Cosby.
244
00:12:44,967 --> 00:12:46,667
According to your complaint you
245
00:12:46,667 --> 00:12:50,533
{\an8}parked your car near your
home on a side street.
246
00:12:50,533 --> 00:12:53,233
You came out the next day and
you found your car vandalized.
247
00:12:54,033 --> 00:12:58,533
- Car was a 2017 Hyundai Elantra.
- Correct.
248
00:12:58,533 --> 00:13:01,100
- Did you buy the car new or used?
- Used.
249
00:13:01,100 --> 00:13:03,500
And how much did you pay for the car?
250
00:13:03,500 --> 00:13:07,834
I put a down payment of $13...
50 I believe, $1,350.
251
00:13:07,834 --> 00:13:09,967
- So you financed the whole thing?
- Yes.
252
00:13:09,967 --> 00:13:12,800
And you have to have insurance
on your car, you have to have
253
00:13:12,800 --> 00:13:17,033
liability, collision, all that other good
stuff because you have a loan.
254
00:13:17,033 --> 00:13:18,734
- Right.
- and you did have insurance.
255
00:13:18,734 --> 00:13:22,567
Now, you came out you looked at
your car and it was vandalized.
256
00:13:22,567 --> 00:13:25,367
- What was wrong with it?
- The back window was shattered,
257
00:13:25,367 --> 00:13:27,667
and along the side passenger
258
00:13:27,667 --> 00:13:31,567
{\an8}top quarter panel, back passenger
door, and the passenger mirror
259
00:13:31,567 --> 00:13:33,433
{\an8}- it was shot.
- You have photographs of it?
260
00:13:33,433 --> 00:13:34,900
- Yes...
- I'd like to see.
261
00:13:34,900 --> 00:13:36,600
Right here.
262
00:13:44,033 --> 00:13:46,300
Okay. Did you notify
your insurance company?
263
00:13:46,300 --> 00:13:47,834
- I did.
- On what date?
264
00:13:47,834 --> 00:13:50,100
The same exact date, which was July 22nd,
265
00:13:50,100 --> 00:13:52,633
is when I came out and
found my car vandalized.
266
00:13:52,633 --> 00:13:55,300
I submitted a police report,
I have that right here.
267
00:13:55,300 --> 00:13:57,066
I'd like to take a look at it, please.
268
00:13:57,500 --> 00:13:58,700
And, um...
269
00:14:05,200 --> 00:14:06,400
{\an8}Okay, nothing with nothing.
270
00:14:07,300 --> 00:14:09,834
Okay, so you told the police
about it on the 22nd.
271
00:14:09,834 --> 00:14:12,567
- Yes.
- And when did you bring it in for
272
00:14:12,567 --> 00:14:15,967
- the defendant to take a look at it?
- That was August 18th.
273
00:14:15,967 --> 00:14:18,133
- She brought the car to you in August?
- Yes.
274
00:14:18,133 --> 00:14:21,133
{\an8}And how long have you been
in the auto repair business?
275
00:14:21,133 --> 00:14:23,500
- Sixteen years.
- So, you've dealt with
276
00:14:23,500 --> 00:14:25,867
- insurance adjusters before?
- Yes.
277
00:14:25,867 --> 00:14:28,133
And did you make the
appointment for the
278
00:14:28,133 --> 00:14:30,467
insurance adjuster to come
and look at the car?
279
00:14:30,467 --> 00:14:32,066
They never came to look at it.
280
00:14:32,066 --> 00:14:34,767
Sometimes they just have me
submit photos if they don't have
281
00:14:34,767 --> 00:14:36,734
{\an8}anyone in the field to come
look at the vehicle.
282
00:14:36,734 --> 00:14:38,533
{\an8}Okay, now when the plaintiff
283
00:14:38,533 --> 00:14:41,300
came in and brought you the car, did
you have a discussion with her?
284
00:14:41,300 --> 00:14:43,467
- Yes I did.
- And I want you to tell me,
285
00:14:43,467 --> 00:14:48,667
the best of your recollection,
what she told you, and what you told her.
286
00:14:48,667 --> 00:14:51,967
Okay, like she said, she brought
me the vehicle on August 19th.
287
00:14:51,967 --> 00:14:55,233
and she told me she took it from another
shop, she had a problem with another shop
288
00:14:55,233 --> 00:14:57,200
- getting the repairs done.
- Tell me what kind of
289
00:14:57,200 --> 00:14:58,900
problem you had with the other shop?
290
00:14:58,900 --> 00:15:01,000
It was no problems with
the other shops besides
291
00:15:01,000 --> 00:15:03,066
{\an8}they didn't want to do
the estimate on it.
292
00:15:03,066 --> 00:15:05,033
{\an8}And told me to talk to
my insurance about it.
293
00:15:05,033 --> 00:15:08,233
{\an8}And my insurance told me
to find my own shop.
294
00:15:08,233 --> 00:15:09,834
- And that's when I found him.
- Just a second.
295
00:15:09,834 --> 00:15:13,667
Did your insurance company send you
to the first shop that you went to?
296
00:15:13,667 --> 00:15:14,834
- Yes.
- And...
297
00:15:14,834 --> 00:15:20,433
for some reason that first body
shop was unsatisfactory... to you.
298
00:15:21,100 --> 00:15:24,433
So, you took it to the defendant.
This is what the story is.
299
00:15:24,433 --> 00:15:27,767
The story is, the defendant
still has your car, right?
300
00:15:28,233 --> 00:15:31,367
And he's keeping your car because he
says you didn't pay for the repairs.
301
00:15:31,367 --> 00:15:36,700
It's your position that you gave him the
entire check from the insurance company.
302
00:15:36,700 --> 00:15:39,100
Is that your position? Speak!
303
00:15:39,600 --> 00:15:40,867
Be very careful what you tell me.
304
00:15:43,233 --> 00:15:45,200
This is how her car looked
when she brought it to me.
305
00:15:45,200 --> 00:15:48,834
Ms. Cosby, I have a feeling that you're
not going to like the outcome of this.
306
00:15:48,834 --> 00:15:51,367
Oh, no I'm legit all the way around, so...
307
00:15:51,367 --> 00:15:53,834
- Really? Shh, just a second!
- Those are the afterward pictures.
308
00:15:53,834 --> 00:15:56,100
- Hustler! Hustler!
- It's not a hustle at all, ma'am.
309
00:15:56,100 --> 00:15:57,200
Absolutely a hustle.
310
00:16:09,200 --> 00:16:11,166
{\an8}[announcer]
Sheliya Cosby claims,
311
00:16:11,166 --> 00:16:16,834
{\an8}mechanic Kevin Warren owes for the repair
cost of a car and lost wages.
312
00:16:16,834 --> 00:16:19,100
The insurance check went to you?
313
00:16:19,100 --> 00:16:21,433
- Correct.
- To cover the damage to the car?
314
00:16:21,433 --> 00:16:23,900
- Correct.
- I'd like to see the check
315
00:16:23,900 --> 00:16:26,900
receipt that you received from
the insurance company.
316
00:16:39,667 --> 00:16:42,100
Look, we're gonna have trouble
with each other, madam.
317
00:16:42,633 --> 00:16:46,567
Do you understand? This isn't the only
check you got from the insurance company.
318
00:16:47,066 --> 00:16:50,300
If you're talking about a check in 2020,
that has no relevance
319
00:16:50,300 --> 00:16:52,233
to 2022 vandalism check.
320
00:16:52,233 --> 00:16:55,533
I want to know how much you received
from the insurance company.
321
00:16:55,533 --> 00:16:57,800
-$874.53
- Then can you tell me
322
00:16:57,800 --> 00:17:01,100
"I had a check from the insurance
company, which was a little
323
00:17:01,100 --> 00:17:04,133
over $1300 from their appraisal."
324
00:17:04,133 --> 00:17:07,300
- No, that's incorrect.
- Well that's what you wrote, madam.
325
00:17:07,300 --> 00:17:10,567
That's what you wrote. That's your
signature, that's what you wrote.
326
00:17:10,567 --> 00:17:11,700
I see the paper.
327
00:17:11,700 --> 00:17:14,500
The totaling was $1374.53.
328
00:17:14,500 --> 00:17:17,700
I didn't receive a full
$1374.53 check from
329
00:17:17,700 --> 00:17:20,300
my insurance, I received $874.53.
330
00:17:20,300 --> 00:17:22,633
{\an8}And had to pay my deductible of $500.
331
00:17:22,633 --> 00:17:25,133
{\an8}When you brought your car into Mr. Warren,
332
00:17:25,133 --> 00:17:28,734
- tell me what the conversation was.
- Before I got to him,
333
00:17:28,734 --> 00:17:31,066
I let him know what was going on,
what I was going through--
334
00:17:31,066 --> 00:17:34,300
No! Not "let him know."
I asked you what you said to him
335
00:17:34,300 --> 00:17:37,100
and what he said to you.
First of all, you didn't like
336
00:17:37,100 --> 00:17:40,900
the first place that the insurance company
sent you to, I don't know why.
337
00:17:40,900 --> 00:17:43,133
All I know is when you're
dealing with this kind of thing,
338
00:17:43,133 --> 00:17:45,667
everybody's trying to
make a little bit extra.
339
00:17:45,667 --> 00:17:48,100
And it's been my experience,
and maybe I'm wrong.
340
00:17:48,100 --> 00:17:51,300
That when you have a little accident,
you take your car into a body shop,
341
00:17:51,300 --> 00:17:53,100
very often if that's their business.
342
00:17:53,100 --> 00:17:56,767
They say this is what you want fixed,
this is what the damage was,
343
00:17:56,767 --> 00:18:00,200
and the person who runs the body shop,
or the owner of the body shop
344
00:18:00,200 --> 00:18:04,333
will say to you "I'll take whatever the
insurance is, I'll work with the adjuster.
345
00:18:05,000 --> 00:18:07,000
That's what they usually do, correct, sir?
346
00:18:07,000 --> 00:18:09,633
- Yes.
- Yes, and in this case,
347
00:18:09,633 --> 00:18:11,433
- is that what happened?
- No.
348
00:18:11,433 --> 00:18:13,533
Is what I'm asking you, because
349
00:18:13,533 --> 00:18:16,367
your complaint is that he has your car,
won't give it back because he's put
350
00:18:16,367 --> 00:18:18,400
a mechanic's lien on it, because he says
351
00:18:18,400 --> 00:18:21,166
{\an8}that he did $6000 worth
of work on the car.
352
00:18:21,166 --> 00:18:24,100
{\an8}He did work that was not approved
by me or my insurance.
353
00:18:24,100 --> 00:18:28,367
I'm just telling you that's what he says,
he did $6000 worth of work on the car.
354
00:18:28,367 --> 00:18:29,533
- Okay.
- Okay.
355
00:18:29,533 --> 00:18:34,400
But, I have to tell you Mr. Warren, that
has been my experience and I'm very old.
356
00:18:34,400 --> 00:18:37,433
That when you take a car in,
that's been in an accident,
357
00:18:37,433 --> 00:18:40,533
that they say you know what, I'll
work with your insurance company.
358
00:18:40,533 --> 00:18:42,433
And we all know what that means.
359
00:18:42,433 --> 00:18:46,133
That means that whatever
your insurance company gives you,
360
00:18:46,133 --> 00:18:47,867
{\an8}they'll send me the check.
361
00:18:47,867 --> 00:18:51,600
{\an8}That will be what
I'm going to accept for the work.
362
00:18:51,600 --> 00:18:54,166
Now what you're suggesting is that she
363
00:18:54,166 --> 00:18:57,967
authorized you to do $6000 worth of work.
364
00:18:57,967 --> 00:19:00,400
And you didn't speak to
the insurance company?
365
00:19:00,400 --> 00:19:02,266
I spoke with them plenty of times.
366
00:19:02,266 --> 00:19:05,800
Oh, what did they tell you
that they were sending her?
367
00:19:05,800 --> 00:19:07,667
- I have it here.
- I'd like to see it.
368
00:19:07,667 --> 00:19:10,667
- I have three estimates here--
- No, no, I want to see
369
00:19:10,667 --> 00:19:13,567
- from the insurance company--
- No, they're the insurance company
370
00:19:13,567 --> 00:19:14,667
estimates, not mine.
371
00:19:15,266 --> 00:19:18,734
- I'd like to see it.
- Here's the first one like she said...
372
00:19:18,734 --> 00:19:22,400
When she first brought her car to me
she had this one already for $873.
373
00:19:23,367 --> 00:19:27,433
So then what we do when we see more damage
we put what you call a supplement in.
374
00:19:27,433 --> 00:19:31,033
So I put a supplement in, and that's
when they told me she has two claims.
375
00:19:31,033 --> 00:19:34,734
She has a claim for the auto body damage,
and a claim for the vandalism.
376
00:19:34,734 --> 00:19:36,834
The $874 is for the vandalism.
377
00:19:36,834 --> 00:19:40,166
If you look at these other two estimates,
it's a totally different claim number
378
00:19:40,166 --> 00:19:42,266
- that she put the claim in for.
- May I see it, please?
379
00:19:42,266 --> 00:19:43,900
- Oh.
- So these other two
380
00:19:43,900 --> 00:19:46,266
are for the auto body portion.
381
00:19:46,266 --> 00:19:48,834
- Not for the vandalism?
- No, it's two different claims.
382
00:19:48,834 --> 00:19:53,300
When she brought you the car,
was there body damage on the car?
383
00:19:53,300 --> 00:19:55,700
Absolutely. This is how the car
looked when she brought it in.
384
00:19:55,700 --> 00:19:57,633
I'm not just talking about the...
can I see, please?
385
00:19:57,633 --> 00:19:59,467
This is how her car looked
when she brought it to me.
386
00:19:59,467 --> 00:20:03,433
Ms. Cosby, I have a feeling that you're
not going to like the outcome of this.
387
00:20:03,433 --> 00:20:06,633
- No, I'm legit all the way around, so...
- Oh, really?
388
00:20:06,633 --> 00:20:09,500
- Those are the afterward...
- Just a second... just a second.
389
00:20:09,500 --> 00:20:11,033
This car was in a bad accident.
390
00:20:11,033 --> 00:20:13,166
- Yes, correct in 2020...
- This car was in a bad acc--Hey!
391
00:20:14,066 --> 00:20:16,767
This car was in a bad accident
shortly after you got it.
392
00:20:16,767 --> 00:20:19,200
- Correct.
- Right, and you got a check from
393
00:20:19,200 --> 00:20:21,333
the insurance company to fix this.
394
00:20:21,333 --> 00:20:24,734
How much was the check that you got from
the insurance company to fix this?
395
00:20:24,734 --> 00:20:30,433
The totaling amount I'm not sure,
but I think it was like $2001 or $2002.
396
00:20:30,433 --> 00:20:33,066
- And you didn't have it fixed?
- No one wanted to fix it.
397
00:20:33,066 --> 00:20:35,066
- Well he fixed it... just a second
- So I...
398
00:20:35,066 --> 00:20:37,734
- Hey, Ms. Cosby, he fixed it!
- Mhm.
399
00:20:37,734 --> 00:20:40,967
- Without my approval.
- What did you do with the $2000?
400
00:20:40,967 --> 00:20:44,800
{\an8}Oh, I paid my own personal bills,
because no one wanted to fix the car so...
401
00:20:45,633 --> 00:20:48,300
- I have to keep living.
- Your case is dismissed.
402
00:20:48,300 --> 00:20:49,367
Okay.
403
00:20:49,367 --> 00:20:52,400
How's that? Your case... Hustler!
404
00:20:52,400 --> 00:20:54,767
- Oh, it's not a hustle at all, ma'am.
- Hustler, hustler.
405
00:20:54,767 --> 00:20:57,333
Absolutely... absolutely a hustle.
406
00:20:57,333 --> 00:21:00,767
That's fine. That's your personal
belief, that's fine.
407
00:21:00,767 --> 00:21:04,967
Because you had an accident in 2020. You
got a check from the insurance company to
408
00:21:04,967 --> 00:21:06,900
fix it. I don't know how
much that check was,
409
00:21:06,900 --> 00:21:08,834
because you don't have
a copy of that check.
410
00:21:09,300 --> 00:21:12,767
You brought the car into him and said
"Now I have a broken back window."
411
00:21:12,767 --> 00:21:16,000
I have a feeling, and I know
it's only a feeling but,
412
00:21:16,000 --> 00:21:18,934
this is my program so
I can vent that feeling.
413
00:21:18,934 --> 00:21:21,867
That you went to the first place
to fix the car and you said to them
414
00:21:21,867 --> 00:21:24,633
"I want you to fix the front
and the back." and they said "No."
415
00:21:24,633 --> 00:21:26,400
That was for something else,
you already got paid for that.
416
00:21:26,400 --> 00:21:29,100
That's incorrect they didn't want to do
an estimate altogether.
417
00:21:29,100 --> 00:21:30,967
- Yeah I don't believe you.
- You don't have to.
418
00:21:30,967 --> 00:21:32,133
I don't... Well, I don't.
419
00:21:32,533 --> 00:21:34,600
- You don't have to.
- That's why your case is dismissed.
420
00:21:34,600 --> 00:21:35,667
That's fine.
421
00:21:35,667 --> 00:21:37,200
Now I'm getting to your counterclaim.
422
00:21:37,200 --> 00:21:39,700
Because you put a mechanic's
lien on the car?
423
00:21:39,700 --> 00:21:42,500
- Yes, I have it here.
- Great, so...
424
00:21:42,500 --> 00:21:44,567
You've got a mechanic's lien on it.
She can't sell it.
425
00:21:44,567 --> 00:21:47,300
I'm not giving it back to her.
I'm not ordering it back to her.
426
00:21:47,300 --> 00:21:48,433
You have the car?
427
00:21:48,433 --> 00:21:49,767
- Yes.
- Sell it!
428
00:21:49,767 --> 00:21:52,667
I need that signature on that
paper to be able to do so.
429
00:21:53,567 --> 00:21:55,066
- From whom?
- From her.
430
00:21:55,066 --> 00:21:57,100
- Or you can sign it, just the same,
- I can't--
431
00:21:57,100 --> 00:22:00,100
To turn over... that says she has
no more interest in the car.
432
00:22:00,100 --> 00:22:03,200
She does have an interest
in the car. It's got a lien on it, sir.
433
00:22:03,200 --> 00:22:06,567
- Absolutely.
- You're gonna have to pay off this note.
434
00:22:06,567 --> 00:22:09,467
Do you understand? I don't think you're
gonna be able to get the money
435
00:22:09,467 --> 00:22:11,533
after you pay off the note.
436
00:22:12,200 --> 00:22:14,367
- But you fixed the car...
- Absolutely, I did.
437
00:22:14,367 --> 00:22:18,166
I think that you're entitled to money
for fixing the car on your counterclaim.
438
00:22:18,166 --> 00:22:20,667
She's going to pay,
on your counterclaim.
439
00:22:20,667 --> 00:22:24,266
Because I'm not sure whether you're gonna
be able to get any money on this car.
440
00:22:24,266 --> 00:22:26,033
I don't know what's gonna happen
with this car,
441
00:22:26,033 --> 00:22:27,133
I'm just not returning it to her.
442
00:22:27,533 --> 00:22:28,533
- Do you understand?
- Yeah.
443
00:22:28,533 --> 00:22:31,700
I'm going to try to make you
as close to whole as you can be.
444
00:22:31,700 --> 00:22:34,100
Because I think what
happened to you was a hustle.
445
00:22:35,266 --> 00:22:39,400
That's what I think. Usually... usually
I don't side with mechanics.
446
00:22:39,400 --> 00:22:40,467
[laughing]
447
00:22:40,467 --> 00:22:43,567
It's... It's just... It's just
been my experience.
448
00:22:43,567 --> 00:22:47,533
- But I think that this is a hustle.
- I'm glad you changed today.
449
00:22:47,533 --> 00:22:51,700
$3800 judgment for the defendant on the
counterclaim. Thank you very much.
450
00:22:51,700 --> 00:22:53,633
- This court is adjourned,
- We're done.
451
00:22:57,767 --> 00:23:01,100
{\an8}I appreciate her decision. I believe she
ruled the right decision,
452
00:23:01,100 --> 00:23:05,400
{\an8}because I brought all my paperwork and
there wasn't another way to rule it.
453
00:23:05,400 --> 00:23:08,867
{\an8}She said she wanted me to help her
get her car fixed and that she was gonna
454
00:23:08,867 --> 00:23:11,033
{\an8}get the insurance and pay me
like she was supposed to do, but
455
00:23:11,033 --> 00:23:14,700
{\an8}I guess when she got the money she changed
her mind. All mechanics aren't bad.
456
00:23:16,166 --> 00:23:18,834
- That was a surprise, for me.
- That was.
457
00:23:18,834 --> 00:23:21,233
Did not think it was gonna go that
way when we reviewed it earlier.
458
00:23:21,233 --> 00:23:24,834
When we talked about it, I looked at it,
and we spoke about it I said ya know,
459
00:23:24,834 --> 00:23:28,100
sort of using my life's history.
460
00:23:28,100 --> 00:23:31,400
Take the car in, don't worry,
I'll work with the insurance company.
461
00:23:31,400 --> 00:23:35,033
Does a little bit more work, the insurance
company sends a check for a little less.
462
00:23:35,033 --> 00:23:37,300
But he wasn't at fault,
she was the hustler.
463
00:23:37,300 --> 00:23:39,300
He wasn't trying to make
an extra quick buck
464
00:23:39,300 --> 00:23:41,000
like a lot of mechanics that we've seen.
465
00:23:41,000 --> 00:23:42,834
- He did the work.
- No, he did the work.
466
00:23:42,834 --> 00:23:45,967
She... she didn't bring the car
in there just for the...
467
00:23:46,600 --> 00:23:48,266
back windshield...
468
00:23:49,066 --> 00:23:50,066
it's a hustle.
469
00:23:50,233 --> 00:23:52,533
It seemed that way, as soon
as somebody says...
470
00:23:53,000 --> 00:23:56,500
"Oh, that thing from then has nothing
to do why we're here now."
471
00:23:56,500 --> 00:23:58,834
- Immediate red flag.
- Bing!
472
00:23:59,900 --> 00:24:01,467
Anyway, I'm glad that worked out.
473
00:24:01,467 --> 00:24:03,433
- Me too. I'm glad you gave him the money.
- She's not gonna get...
474
00:24:03,433 --> 00:24:06,000
And she's not gonna
get her car... Perfect!
475
00:24:07,967 --> 00:24:09,633
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476
00:24:09,633 --> 00:24:11,734
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