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Gerald Carey Sterns
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Gerald Sterns’s Answers

5 total

  • My 18 yr old son was injured while riding his bike, who is responsible?

    there was a truck parked on the street, truck had a camper shell on it and out of the back window there were half o dozen steel pipes sticking out about 4 ft. because of the camper shell my son didnt see the steel pipes and suffered multiple lacer...

    Gerald’s Answer

    I would think your son has a very good case. leaving pipes sticking out like that is to invite an accident. the vehicle could not have been legally driven without a red flag to alert the presence of this dangerous situatioin. and the vehicle liability insurance should cover this. there is a fine firm in Oxnard, very experienced in personal injury and damage case; Heipler and Heipler. Strongly recommend you contact them. Good luck.

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  • A credit bureau merged someone else's credit file with mine causing me to lose my clearance with the government and maybe career

    I work for the gov'ment for which i have specific clearance. Every 10 years they conduct background/credit check. They concluded I was "financially irresponsible" due to apprx $37,000 worth in bills i haven't paid and are under collection. The iss...

    Gerald’s Answer

    In my opinion, yes, by all means. Credit bureaus have abused lots of people with negligence and sloppy work, similar to what happened here, and it seems clear to me this conduct is clearly a form of defamation, an actionable tort. It is totally forseeable, or should be, to these credit agencies, that such consequences could ensure. Moreover, it seems their conduct is especially reprehensible in view of fact that they make these calls and send out this erronous information striclty exparte, that is without ever giving you a chance to see what they are reporting before the let it go. This can be reckless conduct, and under California law could be a basis for punitive damages, which requires "dispicable conduct." But that would be determined by jury and I think a jury would be very receptive to your plight. Go get them.

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  • Is negligent party liable only for purchase price of injured dog?

    The telephone company entered my yard while I was on vacation. They broke a gate, left it open & failed to provide notice of their actions. I returned at night, let my puppy in the yard, it escaped & was hit by a car. The emergency vet was $3,0...

    Gerald’s Answer

    yes, if you cash this check it will most liklely say thereon full settlement or some such and you are stuck. seems to me they are liablel for all damage caused, including all your vet expenses; also maybe liable for the breakinkg and trespass in the first place. you can see a lawyer who maybe can compose a strong letter for you and get your money w/o having to pay a big contingency fee, or try small claims court. you should readily win.

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  • How do I requested authorities to identify the person who assaulted me to permanent brain injury, when 24hour deny provide info

    I was assaulted in May 2010 while working out at 24hour fitness. I was rush to ER twice because of the injury. And I am still suffering the same conditions from the injury. I asked Police to help identifying the person but they said 24 hour fit...

    Gerald’s Answer

    Your best legal chance is to go after 24 hour fitness on the claim that either they did not properly supervise the equipment or who was working out, and/or they had reason to know this person might have been a problem. if he assaulted you, it is very likely he had caused other trouble before. Any business like this, that charges you to come in and allows puplic access, has a duty to exercise ordinary care for the safety of all who are there, including you. You may be able to prove they did not, and if so they might be liable for your injuires, and more important, have the resources and/or insurance to pay those damages.

    pursuing the person who actually did the assault, even if you can ID him, is probably not going to get you anywhere that will helpyou. Even if ID'd and followed up by the police, it would be a criminal law matter, the DA might or might not prosecute, and in any event, there would be no finanically responsible person to pay the damages.

    Find a lawyer and go after 24 hour. You have nothing but upside.

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  • Does a plaintiff's personal injury attorney have a duty to disclose to his client's settlement to the trustee handling his clien

    Client filed for chapter 7 prior to PI lawsuit. While BK was pending, PI attorney (different attorney) filed suit on PI case. PI case settled quickly while BK still pending. Client has received discharge. PI attorney is holding settlement fund...

    Gerald’s Answer

    absolutey yes to all questions. The personal injury claim, whether filed or not, becomes an asset of the trustee in bankrupcy, just as anything else the bk filer owns. there has to be full and complete communication between the filer, his attorney and the trustee, or someone is going to get into trouble. We are not bankrupcy attorney, but do a lot of PI work where these issues come up.

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