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John Robert Sauter

John Sauter’s Answers

145 total


  • My son was killed in an auto accident in floridia in 2005, Me and my ex husband recieved compensation, can I get more?

    my son was a passenger and the driver did not own the vehical his dad was owner and carried insurance on it, The driver was way over legal alcohol limits and they were served in a bar all being minors. We recieved a settlement from the bar and the...

    John’s Answer

    The settlement agreement you signed likely contained language that released the insurance company and the insured from any claims you could make against them. Additionally, all legal claims have a 'shelf life' called a statute of limitations. I do not practice in Florida, so I do not know the statute of limitations, but even if you didn't sign a settlement agreement, the statute could bar you from recovery.

    Perhaps a local injury attorney would be willing to advise you after reviewing your settlement documentation. Terribly sorry for your loss.

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  • Is there an ohio law that permits a landlord / corp.(apartment) to serve a notice to vacate being 15 days late w no past due amt

    I payed my 549 plus 76 for late fees on 7/ 20 and recieved a notice to vacate on 7/23 with my money order returned to me. Isnt there a law that requires the rent to be 30-90 days late before a tenant is evicted i was 18 days late and they say thei...

    John’s Answer

    The other attorney is correct, check your lease agreement, those terms control. There is no law in Ohio that says rent has to be 30/60/90 days late before eviction proceedings can begin. Your lease agreement likely contains language that states the landlord can institute eviction proceedings when your rent is 5 days late.

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  • Do i need a lawyer if i sprain my wrist leaving a store

    i was walking out the door of family dollar and didnt notice the sidewalk was broken i twisted my ankle and fell.

    John’s Answer

    Probably not, for at least two reasons.

    First, your damages are an integral part of any personal injury lawsuit. Monetize your damages - what is a twisted ankle worth? A hundred bucks? A few hundred, at most? No smart lawyer will put time and effort into your claim when all he or she stands to gain is 1/3 of a hundred bucks.

    Second, a broken sidewalk is likely an 'open and obvious' hazard. While businesses have a duty to keep their property in a reasonably safe condition, some hazards, perhaps like a broken sidewalk, are deemed to be so 'open and obvious' that a person encountering the hazard is expected to use caution and avoid the hazard.

    If you damages turn out to be more extensive - for example, if you tore ligaments and tendons in your ankle, or broke your wrist in the fall, it would be advisable to consult with a local personal injury attorney to explore your options. But based on your injuries as described, its not worth your time or the time of an attorney.

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  • I was hanging a necklace on jewelry holder which was tall, heavy and made with iron then it fell on my arm

    My arm is bruised and sore the employee that come to me and witness the incident did not even apologize or ask if I was okay .she told me about filing an incident report when I was checking out which I filled out and they gave me a copy and I aske...

    John’s Answer

    Monetize your damages. What is a bruise worth? A couple bucks, max? Maybe a hundred? Now think about how much it would cost to simply file a lawsuit - $300-$450 dollars, depending on your county in Ohio and whether you include a jury demand. Its easy to see that it doesn't make financial sense.

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  • I'm in jeopardy of losing my job - is there any legal action i can take if i'm fired?

    i was diagnosed with bipolar disorder and attention deficit disorder roughly 10 years ago. i've been employed with the same company almost 30 years now; however, within the past 2 years i've been told that if i don't increase my production, i am...

    John’s Answer

    Ohio is an at-will employment state, which generally means that you can be fired for good cause, bad cause, or no cause at all. There are certain exceptions to this general rule, however, including the terms of an employment contract you may or may not have signed, an employer-employee handbook specifying certain guidelines your employer will follow, and finally, whether or not your termination was because you were a member of a protected class as detailed in the Fair Labor Standards Act.

    Should you believe any of the above apply to you, it would be wise to consult with a labor and employment attorney. He or she could advise you whether or not you have a valid claim for wrongful termination.

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  • Ohio. Car totaled by drunk driver. What are we entitled to and how do we collect?

    My car was totaled by a drunk driver two days ago with no valid license and possibly no insurance. We have uninsured motorist, but the car was older with only liability so we would be out a car. He was not the owner and they're both from texas. He...

    John’s Answer

    The key is to hire a personal injury attorney to negotiate with your insurance company regarding the uninsured motorist claim. An attorney will help maximize your recovery, as your insurance company is going to do what is in their best interest - not yours. The attorney can also take the step of filing a lawsuit against your carrier should you believe their offer of settlement, if any, does not properly compensate you for your physical and mental suffering.

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  • How much of a notice does a tenant have to give to a landlord when moving out after a lease has ended.

    i signed a lease in may 2011 for 550. a month and 550 security deposit. i told the landlord of july 1st i was moving out the following week. i gave him 200. for july. he came over inspected the house and said it was in great condition. so when i a...

    John’s Answer

    Check the terms of your lease. Typical residential leases call for at least 30 days notice. Since you did not give the required notice, the landlord is allowed to apply the security deposit to cover the remainder of rent due for July.

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  • Caught shoplifting a 5 dollar item at Kroger in Ohio, need advice.

    First and foremost I'd like to put it out there that I have already learned my lesson and fully intend to face the consequences of what I tried to do. It was a horrible lapse of judgement on my part and really, there is no good reason for doing wh...

    John’s Answer

    Were you placed under arrest by a police officer or merely detained by store security? In my experience, most retail stores will not contact the police when the item or items stolen are relatively inexpensive. If you were only detained by store security, you can count of getting a civil demand letter in the mail from Kroger asking you to pay a sum of money (usually around $200) in exchange for their agreement not to press charges.

    If you were actually arrested and have a court date, judges usually do take into account your youth, experience, clean criminal record, financial situation, and amount of the loss when imposing punishment. It is obviously advisable to retain a criminal defense attorney. If you are unable to do so, speaking with the prosecutor and the judge about the facts of the case and your culpability will go a long way in getting your punishment reduced.

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  • Can my employment fire me when I have a work related injury and is filled threw workers comp

    I got injured on 5 /6 and then got re injured on 7/9

    John’s Answer

    These attorneys are correct - you cannot be fired in retaliation for filing a workers comp claim. However, if there are legitimate reasons for your termination, the employer can terminate you and you can't use the fact that you were injured as a shield.

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  • Is it illegal to discriminate against pregnant women in the workforce?

    My wife works at a hospital as a nurse. Recently, a leadership position came open, one in which only two people applied for. My wife was one, who has been with the hospital for three years, and the other was a new employee, only two months out of ...

    John’s Answer

    Yes, under the federal Pregnancy Discrimination Act it is illegal to discriminate against someone because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth.

    However, proving the employer discriminated against your wife may prove difficult. As you mentioned, the employer stated it was because she was emotional. It is not illegal to discriminate against someone because they are overly emotional. In order to bring a successful employment discrimination claim, you'd have to prove not only that they discriminated against her because she was pregnant, and that any rationalizations they'd offer (such as being emotional) are merely pretextual in nature.

    You may wish to consult with an experienced employment attorney for additional information.

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