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Gerald William Napleton

Gerald Napleton’s Answers

466 total


  • Who is responsible for water damage from an HVAC in a condo building? Should I use my own insurance or go after condo building?

    We live in a building that has a central AC system. The P-trap in our HVAC (located in our unit) got clogged causing some extensive water damage in our condo. The condo bylaws are unclear as to whether the HVAC is our responsibility or the buildin...

    Gerald’s Answer

    It can vary but if the Hvac is in your unit and the HOA only replaces the filter and you are otherwise responsible for the Hvac then the fault may lie with you.

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  • Is an attorney required to have his client present with him/her in court?

    I am a defendant in court and the Plaintiff hired an attorney to represent them. Does the attorney have to be present WITH his client in court or is the attorney allowed to appear by him or herself? With due respect to the attorney, he has no idea...

    Gerald’s Answer

    • Selected as best answer

    Unless there is testimony in front of a judge or jury a client does not have to be in court. The attorney can speak on behalf of his client for any procedural matters. If you're a defendant in a civil matter the only time you may see the actual plaintiff/client may be at trial or arbitration. A judge or jury will not decide the merits of a case without a plaintiff there to tell the story but the attorney can handle just about everything else for his client.

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  • Expunging a shop lifting felony charge

    my sister was charged with a felony shop lifting charge in Illinois and now resides in Nevada, can she get that charge expunged and would she go about doing so

    Gerald’s Answer

    She can't get it expunged if she was convicted. She may be able to seal it (and keep everyone but law enforcement and certain employers from seeing it) depending on the type of felony and if FOUR years have passed since her sentence ended.

    She can do it herself in person or hire an attorney to do it for her. She will not be able to do it without coming here unless she has an attorney and even then it may require her presence to get some of the paperwork done.

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  • What if treating physician testified poorly?

    She said that she is unsure whether the low speed rear-end collision caused my lower back pain. She said she did not see me that often so she does not know. How much does this hurt my case? My lawyer said this is a big problem.

    Gerald’s Answer

    It's a big problem. The insurance company will use this as ammunition on why the case isn't worth much money (or worth nothing at all). Without your doctor linking the accident with your medical treatment it is impossible to say the accident and your medical treatment are related -- unless your lawyer hires an expert witness to link the accident and treatment - and without a traumatic injury with substantial medical bills it's a fool's errand to spend thousands on an expert witness on a case that may not be worth much more than that. Sorry for the bad luck and lousy testimony.

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  • Can I hold a general contractor personally liable for deposit funds if they go into backruptcy?

    We are building a custom house on property we own, in Illinois. We paid the contractor an upfront deposit of $100,000 for the final construction draw. We have since found out the contractor has been engaged in potentially illegal behavior, has b...

    Gerald’s Answer

    Possibly. You will have to pierce the corporate veil, so to speak, which will require adept lawyering. Hire a lawyer and sue.

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  • I hit a manhole yesterday in Chicago.

    .It was raining and a lot of construction along the street My car is damaged . There were no signs about construction Can I recover damages?

    Gerald’s Answer

    It's unlikely you'll succeed. First, you would likely have to do this yourself as a lawyer will not take the case unless there were substantial damages and damage to your car is not enough. Secondly, most importantly, the city is generally immune from negligence lawsuits. You would have a large hurdle to cross in having to prove that the city or its agents acted grossly negligent. Sorry for the bad luck.

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  • I purchased a brand new car in Chicago couple of days ago, Can I return it?

    The dealer ran my credit check with multiple banks without my permission, the sales manager was extremely unprofessional and did not meet any promises, he even refused to let me talk to his manager when asked. I ended up buying the car though and ...

    Gerald’s Answer

    There is no automatic three day right of return in Illinois that exists in some states. Whether you can return the car is up to the dealer and the language of the sales agreement signed.

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  • Is there a general law that all Illinois apartments must have two exits in( Broadview , Illinois) . 2nd door for apt is broken

    Purchased an Condo ( coop apartment). informed the Cooperative Board on 12 occassions via email and 7 via phone , the apt only has one exit, (1 door) safety hazard to retreat from an intruder and or a fire. Sent several emails and requests to...

    Gerald’s Answer

    You could be setting yourself up here. If a door is not a common or limited common element the individual owners will have to pay. Check with your condo declaration for the definitions of your common and limited common elements.

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  • Can I sue my ex-spouse for not truthfully answering the U.S status question on our mortgage documents?

    My ex-spouse applied and received FHA loan for our home. His name only appears on the documents. This puts me at a disadvantage when I need financing for our child's increasing activities. He went to the closing alone! now, I know why!

    Gerald’s Answer

    So are you alleging that by you not appearing on the loan document/mortgage you missed out on a chance to establish or build credit? I don't see a viable lawsuit if that's the case.

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