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Forrest Nolan Welmaker
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Forrest Welmaker’s Answers

467 total


  • I had an oil change for my car while visiting in Dallas Tx. They removed the oil but did not add new oil

    After one month my engine was finished. Can I sue walmart where I live in Houston or do I have to bring them to court in Dallas?

    Forrest’s Answer

    First, you are going to need an expert to testify to the fact that there was no oil in the vehicle and that it was because Walmart failed to refill it. You can file the lawsuit where ever you want but the case can be transferred by the Defendant to the county where the negligence act occurred. The Defendant may not be opposed to having you file it in Houston, however. Also, you can file where it's principal office is, which is in Arkansas I believe.

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  • Is a nursing home.liable if my car was broken into on their property and they didn't have the cameras on?

    My car was parked at a nursing home, locked and alarmed and it had the passenger window broken and the radio stolen. It was parked in their lot, during the day and they admitted to having cameras but that they were "broken.". They promised to fil...

    Forrest’s Answer

    Probably not. If someone broke into a friend of your's car while visiting you and parked in your driveway, are you at fault and liable? I do not see liability unless perhaps you pay to park. This is not a personal injury claim. I will repost in a more appropriate forum.

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  • How do subpoenas generally work in civil cases?

    Do attorneys just have their own power to write subpoenas and just send them out anywhere (legitimately) like to bank, phone companies, credit card info, email accounts, etc.? Or do they have to go to the judge each time and say can I subpoena his...

    Forrest’s Answer

    Yes, a lawyer can issue a subpoena. See Texas Rules of Civil Procedure Section 176.

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  • In a motion for summary judgment based on a affirmative defense, one raises the defense of truth for a slander claim.

    I am confused. If one proves all the utterances were true with evidence but the plaintiffs simply states they are false, doesn't a fact issue exist. But at the same time a traditional motion for summary judgment allows one to raise affirmative def...

    Forrest’s Answer

    Either truth is proven as a matter of fact or not. If you can prove truth but the opposing party states that it is not true, then you have a fact issue for the trier of fact to decide. Did you not ask this to us previously?

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  • Summary Judgment filing (pardon my ignorance about the timeline).

    To be considered filed electronically for Monday June 1st (a holiday) I should file by 5pm today at the latest? Thank you very much for being so generous to take the time to share your legal expertise with others like myself.

    Forrest’s Answer

    Your question does not tell us what you are filing. But as a general rule, it is always better to file sooner rather than later. You never know with this electronic filing. Sometimes they do not go through.

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  • Is the recipient of a Subpoena (Duces Tecum) for a Witness to Attend a Grand Jury in NY required to keep the subpoena secret?

    Assume that the subpoena is signed by BOTH the ADA and the Judge, and says "YOU ARE ORDERED not to disclose the existence of this subpoena. Such disclosure would impede the investigation being conducted and interfere with the enforcement of law." ...

    Forrest’s Answer

    Yes. Any person who violates the order of the court his subject to contempt. These may be other NY laws that may come into play.

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  • Can I fight a insurance company who denies liability?

    I slip in fell in a restaurant and as a result I sustained several hard injuries and several soft injuries . I did not see any warnings signs and witness that seen the fall as well didn't see any warning signs ( I don't know these witnesses pe...

    Forrest’s Answer

    You need to confer with a personal injury specialist. You have the burden to show an unreasonably dangerous condition that the establishment knew or should have known about. Do you have this information?

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  • Do I have a case? I feel like I was racially profiled by the manager a the Sheraton Gunter hotel.

    The hotel manager followed me into an exclusive member's area and told me that "I didn't have access to this area. What she didn't know was that her hotel staff had granted me access to the room. Can I sue this hotel for racially discrimination?

    Forrest’s Answer

    It will be hard to prove. The person will simply state that they did not recognize you. I'm not sure that there is a cause of action for this and what are your damages. You should repost this under civil rights. Good luck.

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  • I have a Jurisdictional Question. A suit was filed against me in Texas. I am a New York resident who has been living abroad.

    A Civil suit has been filled against me in Texas. I have no Presence, no Domicile or Place of Business nor do I have any Minimum Contacts in the State of Texas. I also do not Consent to a Texas court as having jurisdiction over me. I have Just ...

    Forrest’s Answer

    You must file a special appearance first. Do not file a general denial first. You can plead in a single document but the special appearance must appear first on document. It's called due order of pleadings. This is not a do it your selfer.

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  • Do I have grounds for a lawsuit

    my car was towed and put into an impound and my purse was inside of the car containing my wallet in the statement they wrote down that I had a purse but they never wrote down what was in my purse and when I went to get my car out my wallet was mis...

    Forrest’s Answer

    I don't think you will get any where by hiring an attorney. You can't prove who took your items. Move on and don't get towed again with property in the car.

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