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Montgomery J. Delaney

Montgomery Delaney’s Answers

9 total

  • A friend I had dogsitting this morning witnessed my landlord tear off both of my windsheild wipers. What can I do!?

    I was working and my friend had heard a knock on the door and later described him and his vehicle to me as my landlord. He had proceeded to tear off both of my windsheild wipers and do something to my tire. When I got home the wipers were in the b...

    Montgomery’s Answer

    You can call your local police and lodge a complaint for Criminal Mischief. What was done here is a crime in most states.

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  • In a premises liability case, what are so signs that the attorney didn't prepared for trial?

    What are some signs or things that aims towards the case not being prepared for trial. Please don't act shock, as we all know that "some" attorneys doesn't prepared cases for a trial.

    Montgomery’s Answer

    I would want to know what stage the case was in. I have more questions that answers on this one. However, if the matter was ready to be tried, the attorney should have had a medical expert ready to testify as to any injuries, a security expert ready to testify regarding the security issues, an economist ready to discuss any lost wages issues and a vocational rehabilitation expert ready to discuss how the injuries will impact upon the victim's employment prospects.

    In addition, all of these experts should have been properly noticed, all relevant medical records should have been subpoenaed into the courthouse, a Notice To Admit should have been done, all necessary medical illustrations and or demonstrative evidence should have been prepared and all of the witnesses should have been interviewed and prepped. In some cases, we also do a pre- trial "focus group" to help us fine tune our presentation. Preparation is key!

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  • Can i file a civil rights suit against my local correctional facility?

    hi, i wanted to know if i could file a civil rights lawsuit against the county jail where i was recently incarcerated. i was housed in an open area called a POD where also housed was a man with MRSA. not only did i find it odd that they let this i...

    Montgomery’s Answer

    While the correctional facility may have opened themselves up to a civil suit by exposing you to potentially infected inmates, you really have no case unless you were actually injured or infected.This may come under the old maxim of "no harm, no foul." We would need quite a bit more information before giving you a cogent legal opinion.

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  • Is it illegal to write something about a company on a reviews board that is factual, but highly controversial?

    I understand that this question is highly bizarre, but I worked for a travel company where I worked as a tour leader for 18-35 year olds. One of my male colleagues violently/sexually assaulted me 3 times in one day on a training trip. He has als...

    Montgomery’s Answer

    I agree with the points made by Ms. Perfilli. I would like to add though, in response to your direct question, that the truth is an "absolute defense" to any action in defamation. So if what you posted on the review board, was in fact true, you could not be held civilliy liable for posting it. I suggest you get a consultation with an experienced attorney as soon as possible. You may have a substantial civil action against this company. Wishing you well, whatever you decide to do.

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  • Slander/ Can I be sued for making a complaint about a person to their manager

    I had an altercation with a medical professional. I called the office manager and made a complaint about the worker. I stated that the worker looked as if she were on drugs. Can i be sued for this?

    Montgomery’s Answer

    While your comment may have been mildly offensive to the person you were speaking about, I do not believe that it is defamatory. You were merely stating an opinion. Everyone is entitled to their opinion as long as it does not effect another person's professional reputation or ability to make a living. If your opinion of this person were to turn out to be true, the truth would be an absolute defense to any action in defamation. Assuming that it is not true, it remains merely an opinion which will probably have no effect on this individual's reputation or ability to earn a living. This individual would be hard pressed to find an attorney willing to take up this cause based upon the facts as you have shared them here. I hope this answers your question.

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  • I am a minor and a 21 year old hit me in the face for supposidly hitting his car. what can i do about it

    he is trying to make me pay for the damage

    Montgomery’s Answer

    You can proceed against him criminally by filing a complaint for assault with your local police. You may be able to proceed against him in a civil action as well for this assault and battery. You should consider the severity of your injuries first. If you were severely injured, by all means contact an attorney immediately. If your injuries were minimal, it may not be a case worth litigating. In many states, the statute of limitations for an assault claim is short (ie. in New York it is 1 year) so you should act quickly if you are going to act at all. With regard to the property damaghe isue, you should contact your insurance carrier immediately and inform them of the potential claim.

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  • Am I responsible for the person's injuries?

    I am a landlord for an apartment building. The porch which is the only entrance to the apartment was in bad shape. Apart of the porch came off and expose a pipe(a few inches) near the first step coming in. I wrote my tenants about the porch needin...

    Montgomery’s Answer

    Unfortunately for you, and your tenant who was injured, you are liable sir. The fact that you issued a warning does not absolve you from leaving a dangerous condition unabated for at least two months. Your liability is compounded by the fact that this was the only entrance to the premises. Depending upon which state you live in, your liability may be mitigated by the comparative negligence of the plaintiff/tenant inasmuch as the tenant, having been notified, should have been more careful. However, this comparative negligence will be a small percentage of the fault. You will ultimately bear most of the responsibility. Notify your carrier immediately. They should assign your matter to counsel once a claim is made.

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  • What should I do?

    Was involed in a hit and run. I wasn't even in the car. It was parked in the driveway. He was caught later and charged with DWI, hit and run and criminal mischif. I don't even know if he had insurence yet. The police said I should file for rest...

    Montgomery’s Answer

    You should certainly file for restitution as suggested. If you have a copy of the Police Accident report, it will contain information about the defendant's insurance carrier which will allow you to make a claim against the right carrier. If you were injured, you should also immediately fill out a No Fault application for your own carrier. If your injuries are serious, you need to check your own policy to see what the limits of your supplementary uninsured/under-insured motorist (SUM) coverage is. You should then notify your carrier, by certified mail, return receipt requested that there is the possibility of a SUM claim. This should all be done within 30 days of the date of accident. Unfortunately, there is no quick way to be reimbursed for your deductible, however, these instructions will be helpful in helping you to protect your interests. Of course, if you have been injured, you should consult with an attorney as soon as possible. I hope that this is helpful to you.

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  • I need a civil rights lawyer , regarding violation of not being read miranda rights.

    My nephew was violated of his civil rights, brought in for question regarding involved self defense case he was 17yrs of age and was interrogated for 70minutes without his mothers presence, was never read his miranda rights.

    Montgomery’s Answer

    We would need more information about the underlying facts in order to give you a comprehensive answer to your question. Generally speaking, in New York, depending upon the seriousness of the crime, a 16 year old can and will be charged as an adult. There is no need to have the parents present in certain situations. With regard to Miranda warnings, generally the y must be given to a "suspect" only if and when he/she is being questioned about the specific crime for which the police are thinking of charging him/her with. I hope this is helpful in some way.

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