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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

2,933 total


  • Can owners of a llc be sued personally for employee injury? business does not have worker's compensation insurance

    Employee fell outside on playground of the daycare. No negligence on employer part. playground maintained and safe.

    Richard’s Answer

    Only the llc can be sued if it owned the business, except under some exceptions that only details would reveal. There must also be some negligence, but this can be as little as failing to provide needed equipment or some dangerous condition that was not obvious.

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  • Can I sue or put a claim in for pain and suffering and partial lost of use of right arm and left wrist from a fall at work?

    Fell at work 11/24 2013 , humorous fracture of upper right arm operated on 12/2013 placed Plate and screws in upper arm, Fracture of left wrist cast put on wrist 12/2013. did not heal, right so had to have it operated on plate and screw placed ...

    Richard’s Answer

    --If your employer had workers' compensation insurance, that is your only remedy against your employer.
    --If your employer had a non-workers' compensation health plan, it depends on what the plan says and what you have signed, but you may have a claim under the plan and you may have a claim directly against your employer or both.
    --If you have a claim against your employer, you will have to show your employer was negligent in some way.
    --If a third party (not your employer) was negligent and caused your injury, you have a claim against them.
    --You must bring the lawsuit and use diligence to get the defendant served within two years of the incident that injured you.

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  • Are my medical records discoverable (specifically from my psychiatrist)?

    I'd assume if I'm claiming mental anguish that want the whole records and files to see the dr.'s notes about me. But I don't like the fact people are reading personal stuff.

    Richard’s Answer

    If you have an attorney, ask the attorney this question. If you do not have an attorney, then I recommend you get one. As to the records, they may be relevant. You can object if you know how to do it correctly, but it depends on the details of your claims.

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  • I'm in a contested divorce. We are both pro se but my wife was a paralegal.

    The judge signed a motion to compel the production of records and documents after I was late by 2 weeks. I have valid objections like she already has some documents and other objections but the order the judge signed says get the documents by 14 d...

    Richard’s Answer

    • Selected as best answer

    It is possible. Whether it is a waste of time depends on two things. 1. Do you have a good excuse for being late and were unable for a good reason to bring that up to the court already. 2. Will it really be that bad for you to go ahead and give the documents. "She already has them" is a bad excuse. That excuse takes more court time to raise than to just provide the documents again. If you do not have a document, and cannot easily get it, then say that in the response. That is not an objection. You do not have to object to producing documents you do not have, you just say you don't have them--and don't lie about it.

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  • The judge ordered me to pay $500 for not filing my request for production on time to plaintiff.

    I don't have that kind of money and when the judgment I expect to come I was just going to file for bankruptcy. Do I tell the judge now. I don't know when the $500 is due.

    Richard’s Answer

    The best thing you can do is go ahead and talk to the bankruptcy lawyer. Filing bankruptcy now stops the suit and makes them file a claim in the bankruptcy court. Don't wait for them to get a judgment in state court.

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  • In multi defendant cases. Must the lawyer for each defendant submit their own deposition request.

    This case involves two defendants who each have their own lawyer. I received a deposition request from one defendant's lawyer but not the other. The attorney for the other party will be at the deposition. I plan not to answer any questions, if ask...

    Richard’s Answer

    Only one notice is needed. You must answer questions from any party in the case (or their lawyer), unless the question calls for privileged information.

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  • Can I give my husband power of attorney to continue in a small claims court in Texas? I now live in Pennsylvania.

    I won in small claims court in Texas but have since moved to Pennsylvania. This person is not paying back the loan. My husband will be in Texas soon. Can I give him power of attorney to get a writ of attachment against this person for me?

    Richard’s Answer

    Your husband cannot appear in court for you unless he is an attorney. He can do clerical things like ordering a writ of execution from the court clerk or ordering an abstract to file in the records.

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  • Can an ex that moved out come back and demand a gift given to me given back to her?

    My ex girlfriend was living with me for 2 months, and she never helped with any bills or rent, she has a criminal trespass charge on her. I am holding her personal belongings until her son can get time to remove them. A month a go she was given ...

    Richard’s Answer

    A gift transfers ownership to you. She will have to prove it was not a gift. Possession is nine tenths of the law.

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  • How likely is a motion to set aside to be granted?

    After my ex failed to respond in the allotted time, I was granted a default judgment divorce in May. My ex's attorney has entered a motion to set aside and we have a hearing approaching. His attorney is pleading that the motion be granted based on...

    Richard’s Answer

    It depends on the judge. Some or more lenient than others. Your ex must not only show that the failure was excusable, but also that he has a good defense to what was entered. So make sure they have to show that. If you have an attorney, you should ask your attorney these questions. If not, it is time to get one.

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  • Rear-ended by a driver that was not the insured of the car, now fighting w/ ins to pay claim. Restitution from insured?

    I was rear-ended in march by a kid that would not provide me any info upon the accident. Only through my insurance company did I find out there was a different woman that insured the car. Neither insurance company can get ahold of the kid now. Is ...

    Richard’s Answer

    Anyone who drives the car with the owner's permission is insured by the owner's policy. There are exceptions and exclusions that may apply. For example if the kid lived with the owner but was not named on the policy, the kid is excluded.

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