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Jon Ethan Lewis

Jon Lewis’s Answers

388 total


  • My mother was hurt in a local grocery store.

    My mother was hurt in a local grocery store, we were referred by the grocery store to contact the firm that handles accidents that occur in their store. The firm is saying that they are not liable. What should be our next steps?

    Jon’s Answer

    You need to speak with an attorney. These cases are very difficult because you have to PROVE the store did something wrong, I.e.: created the situation or knew (should have known) about it and failed to clean it up.

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  • I was wondering if my dad could still file a lawsuit against fentanyl patches after 2 and a half years since his stroke.

    He had a stroke which resulted in major brain surgery and lifelong problems. He inquired about a lawsuit in June 2013 but right after he was admitted to a nursing home because of his condition. I recently got him out and now trying to pursue it fo...

    Jon’s Answer

    Possibly, but depends on the discovery of the injury as well as the competence of your father.

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  • Is there anything I can do about my odometer being rolled back 10,000 miles when I bought it?

    Going through my books and found that the previous owner changed oil at 53,000. When I bought it 3 years ago, it only had 43,000 miles on it. I love the vehicle and want to keep it, but it ticks me off that they lied to me. Any recourse?

    Jon’s Answer

    Absolutely!

    (Formerly 92Hk9 Consumer Protection)
    Legal fraud statute [Code 1975, § 6-5-101], when interpreted in keeping with intent of federal law to prohibit setting back of odometers on motor vehicles, must be read as requiring automobile dealers to use reasonable diligence to inspect used cars purchased for resale. Motor Vehicle Information and Cost Sav-ings Act, § 401 et seq., 15 U.S.C.A. § 1981 et seq.

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  • Long scratch on a parked car

    I have a 2012 suv currently worth 35000. 2 teenagers dented and scratched it when my car was parked while driving callously. They did nt inform anyone but the parking attendant witnessed it and called me. The body repair shop estimated the repair ...

    Jon’s Answer

    Yes. The damage recoverable is the value of your vehicle before the incident less the value after. It would be a district court claim (less than $10,000). I would have to look at the issue, but it's possible you could recover punitive damages for the intentional destruction of property.

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  • What type of lawyer do you need to sue hospital for negligence

    my kids have cerebral palsy and they took away my parental rights and surgically implanted tubes in them without my consent and against my will plus they gave my baby an antibiotic against my will. The hospital kept me away from the kids the whol...

    Jon’s Answer

    Medical Malpractice. However, it appears that you might have more civil rights claims. It would be important to know the reason the hospital administrators claim they took the action they did.

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  • Air bag deployed while driving without no accident ,

    My Boyfriends air bag deployed while he.was driving without any accident , his car has been sitting a toyota in montgomery since last wens , they are saying the cant touch it or fix it until hearing back from the cooperate officw that this is an o...

    Jon’s Answer

    Unfortunately, if there were no injuries, you cannot justify a products liability case. The potential claims would be against Toyota or the airbag manufacturer, or any repair facilities which did any work to the air bags. The cost of litigation would probably exceed the value of the car. The one thing you can try is to hold Toyota's feet to the fire on the "defect" if there is one, and they find one.

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  • I was rear ended while driving with a suspended license ,i am injuried ? Can i sue the party at fault ?

    I as involved in an accident fri evening , my 9 month old & i were hit at about 40 mph bc someone was playing on their phone . He totaled his car & did damage to mine , & pushed me into the truck infront of me ( no damage done to that vehicle ) i ...

    Jon’s Answer

    Yes you can. Whether or not you have a license is not evidence of whether or not you were negligent.

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  • Do I have the right to another new car when my car had damage from the dealership?

    I bought a brand new car. Just before leaving the dealership we noticed scratches in the paint. The salesman said no problem I am sure we will take care of it. I had him call the manager seeing as while we were signing paperwork everyone was leavi...

    Jon’s Answer

    If this was a brand new vehicle, I would say yes. There are several theories you may pursue: Revocation of acceptance under the Alabama Uniform Commercial Code, breach of warranty, potential lemon law, and violation of the deceptive trade practices act:

    Section 8-19-5
    Unlawful trade practices.

    (22) In selling a new motor vehicle, failing to disclose material damage to the motor vehicle as prescribed hereafter:

    a. Each manufacturer, importer, or distributor of new motor vehicles sold or transferred to a motor vehicle dealer in this state, shall notify the motor vehicle dealer in writing prior to delivery of the vehicle of any material damage to the vehicle which is known to the manufacturer, importer, or distributor, and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete but prior to delivery of the vehicle to the dealer.

    b. In selling a new motor vehicle, each motor vehicle dealer in this state shall notify the purchaser in writing at the time of sale of any material damage to the vehicle which is known to the motor vehicle dealer and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete, but prior to delivery of the vehicle to the purchaser.

    c. For purposes of this section, "material damage" means damage sustained or incurred by a motor vehicle, whether corrected or uncorrected, which cost to repair exceeds three percent of the manufacturer's suggested retail price of the vehicle based upon the dealer's retail repair cost or the sum of $500, whichever is greater. Damage to tires, glass, bumpers, and in-dash audio equipment shall not be considered in determining the cost of repair if those components are replaced by identical manufacturer's original equipment. The failure of a manufacturer, importer, distributor, or motor vehicle dealer to give notice of damage below the threshold constituting "material damage" shall not provide grounds for revocation of the sale nor shall such failure constitute a material misrepresentation or omission of fact.

    d. Each manufacturer, importer, or distributor of new motor vehicles shall indemnify and hold harmless the motor vehicle dealer obtaining a vehicle from the manufacturer, importer, or distributor from and against any liability, including reasonable attorneys' fees, which the motor vehicle dealer may have to the purchaser of the vehicle as a result of damage to the new motor vehicle which was known to the manufacturer, importer, or distributor, which occurred prior to delivery of the vehicle to the dealer, and which was not disclosed in writing to the dealer prior to delivery of the vehicle. This indemnity obligation of the manufacturer, importer, or distributor shall apply regardless of whether the damage constitutes "material damage" as defined herein.

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  • I have developed sickness, in the present from using a chemical at a company, where I worked for 13 yrs. Can I sue the chemical

    Company or and the company where I worked

    Jon’s Answer

    It depends on whether a doctor will relate the problems with the chemical. Also, the time frames are critical.

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  • Can I sue Amazon.com for fraud.

    I bought a car through a third party and used the Amazon a to z buyers protection program. I spent $2500 to have it shipped from their warehouse in Jackson Mississippi to me in Jasper AL. I have yet to receive my car or my money ba...

    Jon’s Answer

    You can basically sue anyone for anything. The real questions are can you win and would it be economical to pursue.

    An attorney would have to see the agreement for Amazin's service which you used as well as documentation regarding the transaction in order to evaluate the potential case.

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