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David W. Hibbert
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David Hibbert’s Answers

37 total

  • Do I have legal grounds to sue uber/or uber driver for pulling a gun on me?

    I called uber for a ride home from a bar. Uber pulls up and decides to not give us a ride and orders me out of the car. He begins to get hostile with me while getting out and pulls a gun on me. Police say it's a civil matter because they are uns...

    David’s Answer

    I recommend you read over the terms of service you agreed to for your Uber account. They likely have a right to refuse service under certain circumstances. Drunk, disorderly, abusive, doing drugs, not that you were involved in any of these things, but "beauty is in the eye of the beholder."
    Your conduct in the circumstances will be key to any claim you may have. You are going to ask 12 strangers on a jury to believe that an Uber driver, trying to make a buck, arrived and after getting in the vehicle, refused to transport you, asked you to get out of the vehicle , and then you apparently did not comply and were then assaulted by having a firearm pointed at you. Wisely you retreated from your position in the back seat.
    I do not think you will find counsel willing to take this case on a contingent fee basis. Are you willing to pay a lawyer a hefty retainer to undertake this matter ?

    .

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  • Is there a way to petition to be emancipated through another state other than where you currently live?

    I am 16, and I'm living in ohio. I recently got my GED, and because of that my parents are allowing me to be emancipated, but I've currently discovered that in Ohio you cannot petition to be emancipated early. I was going to move to New Jersey wit...

    David’s Answer

    The other answer is correct as for Ohio and many other states. The issue may be whether or not you and your parents agree that you are going to be living on your own. You have a right to support and they have a duty to support you. You may or may not choose to enforce that duty. Suppose you just keep on acting as if you are emancipated and they in turn act likewise. Unless you screw it up, the state will not be looking into the situation. However, the likelihood of a screw up is very high for a 16 year old, that is why the law seeks to protect YOU from your own bad choices at that age. When you hit 18, you'll still be able to make bad choices, but your parents will not, generally, be held responsible for them. It's a safety net for your own benefit.

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  • Can i file civil law suit against driver at fault after settling with insurance comp.

    I got t-boned by a driver that ran red light,I have settled with insurance company. My issue is due to this drivers fault I lost a job that was to start next day of accident, I had title pawn on my truck so the money I received for value was used ...

    David’s Answer

    When you settled you settled with the person that hit you , but through their insurance company. That's how insurance works. Read over that Release document and you will find that you have released the other driver from ALL claims arising out of the incident.. All of those matters you listed should have been covered in the claim you made with the other driver's insurance company. They protect him.her NOT you.

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  • Is it illegal for an 18 year old from tennessee to text a 15 almost 16 year old frpm North Carolina

    I've never met this girl before. I seen her on a dating site called zoosk and her profile said she was 19 so after a while of talking on there we exchanged phone numbers and started texting. One day I found a message on my phone saying not to cont...

    David’s Answer

    I agree with the previous answer . I would add that the ages unknown persons claim is very suspect and should not be relied upon. The fact that a person says they are of adult age will not shield you from prosecution , should some illegal activity occur. The Judge won't be buying the "She said she was 18" argument.

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  • Don't know how to word this but plz read the details below.

    What kind of lawyer do I need to fight against a very evil professor who used his administrative power to exploit students for sex or have allegedly did sexual harassments but no one is scared to talk or go against him cuz he might fail them in cl...

    David’s Answer

    The University may have had other complaints about professor X. This could be a long term problem that has not been addressed. Your friend should report it to the administration. If there have been actual assaults then the police should be involved. Failing to report inappropriate behavior will only allow it to continue. See if the University has a counselor for reporting sexual harassment. Check your local bar association for lawyers that deal with such cases.

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  • I live in woodbine ga and work for a oil drilling company in Tulsa Ok and fell down a set of stairs on a

    Can I sue them from Ga or do I have to get a lawyer out of Ok

    David’s Answer

    It sounds like you commute from your home in Georgia to Tulsa ? If all your work and injury events are in OK. Then that's where you will need to file. Your should be able to do that there, even if you live here in Georgia.
    Oklahoma lawyers should be consulted. The laws of Georgia will not apply to the injury in OK , as you've described.
    You could also have a third party claim , if some other , non-employer , non co-employee, was the cause of your injury.

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  • Hit some body from behind but she told the police she stopped short i did not receive no ticket

    What does that mean for me

    David’s Answer

    Well ,if you did NOT receive NO ticket the grammarians would be ready to represent you in traffic court. However, whether or not you got a traffic ticket can be irrelevant to the civil negligence claim that person you hit might make. Furthermore, that driver's admission of some culpability in the circumstances would work in your favor were that party to attempt to recover from you.

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  • How can I file a civil lawsuit in georgia

    I want to sue my ex husband for physical and emotional abuse, and I cannot afford an attorney. How can I do it myself. I have proof that he was abusive to me physically and emotionally, and it's been a year and a half. Thanks

    David’s Answer

    It sounds like this abusive activity may have occurred before you were divorced from your "ex-husband"
    The divorce case was your opportunity to bring this issue to the court. You may have resolved all your issues in that settlement agreement or that trial, thus precluded from taking further action on matters that you were either resolved in the divorce or capable of being resolved in the divorce.
    If the actions were after your divorce was completed and final, then you may have cause to file either civil or criminal actions against the perpetrator. You may want to speak to the local prosecutors office in the event that a criminal act was committed.

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  • Me and my husband need to have our living wills made. How do we get started and how much does this cost.

    We both are in our 50's .I'm concerned because. 5 yrs ago he was diagnosed with prostate cancer. We both have grown children and wish to be cremated.

    David’s Answer

    The Living Will was replaced by the Georgia legislature with the Advanced Directive.
    It's a long form and available online at :

    http://aging.dhr.georgia.gov/sites/aging.dhs.georgia.gov/files/imported/DHR-DAS/DHR-DAS_Publications/GEORGIA%20ADVANCE%20DIRECTIVE%20FOR%20HEALTH%20CARE-10.pdf

    If you need help with it , call an estate and wills attorney.

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  • What paper work do I need? Do I need to hire a lawyer?

    My estranged father passed and had resided in MI at his time of death. He has a living sister and brother, no other biological children, spouse, or living parents. His siblings contacted me in regards to funeral arrangements, etc. They also told m...

    David’s Answer

    The laws of Michigan are going to apply to your Michigan father's estate.
    Yes, the property and accounts should go to you under the laws of intestacy (no Will) .
    But, I'm a Georgia lawyer and Michigan laws will apply to this situation given the facts you have put forth. Get in touch with the Michigan State Bar for a referral up there or look online here for Michigan estate lawyer to answer this question.

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