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David Hull Ricks

David Ricks’s Answers

2 total

  • How do I retrieve money awarded to me when I was a minor from my mother. She is also a manipulative deceptive attorney.

    Last week my wife found the judgment stating I was owed 250,000 and that it was fulfilled. I am 31 years old and this injury occurred when I was a minor (15 years old). My mother has only told me that the money is mine and she will keep it for me....

    David’s Answer

    If that money was yours, then you have the right to receive it pursuant to the terms of any settlment or judgment. You need a lawyer to look at all your options. If your mother was appointed as a guardian ad litem for a lawsuit on your behalf, or she was a trustee of these funds for you, then she held a fiduciary duty to act in your best interest and not her own financial interest. Some things to examine include the nature of the funds provided, whether there were others involved in transmitting the funds to your mother, etc.
    Don't delay. This is getting very old and you need to take action to make sure you protect your rights.

    There may be no quick way to get your money back if your mother will not return the money voluntarily. However, the sooner you act, the sooner you will find out your rights and get closer to getting your money back.

    Finally, this is a breach of fiduciary duty claim with a possible claim for misappropriation, conversion, etc. Until you review your matter with a lawyer there is no way of determining if you can win your case agaisnt your mother. But a skilled litigation attorney can help you make that determination.

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  • Staying at a hotel slipped in the shower/tub and injured my hip, head, shoulder and neck. Trip to ER. Is the hotel responsible?

    Location of incident: Santa Clara, CA Incident: Was taking a shower in my hotel room when I slippedand fell. I had nothing to stop my fall but a shower curtain which was attached solely by snaps, therefore it fell with me. I crashed to the flo...

    David’s Answer

    In order to establish liability on the part of the hotel, which could make then responsible to you for your injuries, you must establish that they were negligent in the way the shower was set up. For example, if the tub was excessively slippery or there was no hand rail that might be required by building standards. You would also be required to show that had the proper measures been taken, the accident would not have occurred.

    Some examples might include the placement of no-skid strips on the tub base, or a no-skid pad that could be placed in the tub when showering. Also, the need for a handrail might be required by the local building code or by other standards. All this is generally determined in consultaion with an expert in this area.

    Some things that would be helpful is to have a picture of the bathtub so it could be compared to the standard in the industry.

    Remember, if you decide to pursue the matter, it must be settled with the hotel or a lawsuit filed within two years of the date of your injury. Otherwise, your claim is lost.

    Hopefully this is helpful to you.

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