David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. I found a fingernail in my frozen food product. I contacted them and they want me to send the object back, what should I do?

    Answered almost 5 years ago.

    1. David C. Garner
    2. Jonathan H Levy
    3. Kevin Paul Smith
    3 lawyer answers

    Well, since you were not injured, you really have no cause of action. You can't recover for being disgusted. I would accept their coupons and send them the fingernail.

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  2. Lady is mistakenly told by Nurse HIV test was Postive,it was actually Pending can she sue for emotional anguish?

    Answered almost 5 years ago.

    1. David C. Garner
    2. Edgardo Rafael Baez
    2 lawyer answers

    I agree, what are your damages. According to your facts, your lady, because of twenty minutes of anxiety over a false positive result will be "emotionally bothered" for the rest of her life. I think she is being a little too sensitive and the law does not support a recovery based solely on an extreme sensitivity. This sort of thing happens all the time. Would it have made her feel better if at first they said they suspected scarlett fever but then revised their assessment? In your...

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  3. My son hit a car while skateboarding , He spent weeks in hospital for surgerys , now car insurance wants me to pay damages.

    Answered almost 5 years ago.

    1. David C. Garner
    2. Kenneth Lewis Swenson
    2 lawyer answers

    It would be helpful to have more facts, but in the pure sense if your son was negligent and caused damage he is liable. By way of example, if he fell and damaged a parked car he would be liable for that. The fact that the car was moving is irrelevant to the issue of liability.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  4. Im curious if I even have a case?

    Answered almost 5 years ago.

    1. Jonathan H Levy
    2. David C. Garner
    3. Kenneth Lewis Swenson
    3 lawyer answers

    No. They are not liable for the criminal acts of others.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  5. If someone posts a nude picture of you on the internet without your permission is that illegal?

    Answered about 5 years ago.

    1. Frances Miller Campbell
    2. David C. Garner
    3 lawyer answers

    As a follow up, I would argue that the private fact was published when the poster sent them to the prospective beau. They were no longer private at that point. Again, one cannot have a reasonable expectation of privacy in something one voluntarily exposes to public inspection.

    5 people marked this answer as helpful

  6. How can I get a copy of a will of my mother when my brother the executive of the will want let me have one.

    Answered almost 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    3. Kenneth Lewis Swenson
    3 lawyer answers

    The will has to be filed with the court in order to be probated. At that point it becomes a public document. You should be able to review it and get one down at the courthouse.

    1 lawyer agreed with this answer

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  7. Can a store parking lot tow my car without prior notification to me that its being towed?

    Answered almost 5 years ago.

    1. Joseph Briscoe Dane
    2. David C. Garner
    3. Kenneth Lewis Swenson
    3 lawyer answers

    Nope. You have no right to store your care in the Rite Aid lot. They were within their rights to tow it. In the reverse, do you think it would appropriate for them to store merchandise without your permission in your home if they did not have room at the store?

    4 people marked this answer as helpful

  8. Is posting private emails to a public forum illegal?

    Answered almost 5 years ago.

    1. David C. Garner
    2. Robin Mashal
    2 lawyer answers

    I disagree somewhat with counselor Mashal. If what he has posted to his blog are the messages you actually sent, then you have little recourse. You cannot have a reasonable expectation of privacy in something you knowingly expose to public inspection, and sending him an email is no different. The perfect defense to slander and defamation is truth. If he puports that those messages are your words and they in fact are, there is no foul. As far as being without your knowledge, he does...

    4 people marked this answer as helpful

  9. If someone posts a nude picture of you on the internet without your permission is that illegal?

    Answered about 5 years ago.

    1. Frances Miller Campbell
    2. David C. Garner
    3 lawyer answers

    Unfortunately I think there is little you can do. The photos were not taken surreptitiously. You took them yourself and sent them to this guy. That pretty much kills the invasion of privacy angle. You cannot have a reasonable expectation of privacy in what you knowingly expose to the public. Has he doctored them or done something to them so that they do not accurately reflect you? If not you aren't going to be successful in some sort of false light defamation claim. If its you, its...

    4 people marked this answer as helpful

  10. California here, what is a Case Management conference Hearing for?

    Answered almost 5 years ago.

    1. David C. Garner
    1 lawyer answer

    I would recommend and attorney, yes. The purpose is to advise the court as to proceedural matters, discovery timing, the status of doe defendants, etc. If they have an attorney, you need one.

    1 lawyer agreed with this answer

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